This page contains the "Terms and Conditions" under which you may use EVCS.com. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. EVCS Charging Solutions, Inc., dba EVCS (the "Company"), may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you and may change without notice. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.
Some of the information found in this policy may or may not apply at all times, based on what services and products are being offered. Only persons who are legally allowed to access this website and use the services offered by the Company may use this site.
Use of Material.
The Company authorizes you to view and download a single copy of the material on EVCS.com. (the "Web Site") solely for your personal, noncommercial use.
Intellectual Property and other Proprietary Property
The contents of this Web Site, such as text, graphics, images, photos, logos, button icons, software and other "Material", are protected under United States and foreign copyright, trademark and other laws. All Material is the property of the Company or its content suppliers, vendors and clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. Further, the HTML code that is created by the Company while generating its pages is also protected by the Company's copyright.
Acceptable Site Use.
General Rules: Users may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, (c) that is defamatory, obscene, threatening, abusive or hateful, or (d) otherwise prohibited by the Company.
Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
This site is designed for parties who can legally make binding contracts under applicable law. Therefore, even though this site is designed to include children, minors are not allowed to use this site without permission of their parents or guardians. By granting a child permission to use this web site, you give that child permission to access any area of EVCS.com and it is the parent/guardians responsibility to make sure that the visited portions of the web site are appropriate for your child. Minors who can not meet these requirements may not use this Web Site.
You are also expected to follow all laws and regulations that may be associated with any of the activities involved with the use of the Web Site. You are also expected to pay for any state fees or applicable taxes that may be associated with the activities from this Web Site.
Specific Prohibited Uses.
The Web Site may be used only for lawful purposes by individuals wishing to participate in the services and programs offered at EVCS.com. The Company specifically prohibits any other use of the Web Site, and all users agree not to use the Web Site, for any of the following:
Posting any incomplete, false or inaccurate information in the open discussions and chat forum sections (if applicable) or other areas of the Web Site. This includes, but is not limited to, any postings that are sexually implicit, use derogatory statements or offensive language, are implicit or immoral in nature, are harassing or libelous, and any unlawful statement.
Posting any false or inaccurate biographical information when setting up an account, making a purchase or requesting other information from this Web Site. This includes, but is not limited to misrepresenting yourself or your family, your company, and company goods and/or services.
Posting any incomplete, false or inaccurate information in any other part of this Web Site.
Posting of any corrupted files, viruses and other software damaging activities.
Posting any franchise, pyramid scheme, multi-level marketing, "club membership", distributorship or sales representative agency arrangement or other business opportunities which requires an up front or periodic payment, pays commissions only, requires recruitment of other members, sub-distributors or sub-agents, or other commercial venture.
Attempting to gather or solicit other user’s information for any reason not authorized by the Company.
Deleting or revising any material posted by any other person or entity. This includes, but is not limited to, the infringement of any third party’s content or transmission.
Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site.
Taking any action that imposes an unreasonable or disproportionately large load on this Web Site’s infrastructure.
If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.
Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from the Company on this Web
Site and other than generally available third party web browsers, such as Safari and Microsoft Explorer.
Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site.
Aggregating, copying or duplicating in any manner any of the materials or information available from the Web Site.
Framing of or linking to any of the materials or information available from the Web Site.
Violate any other posted policy in regard to the use of this Web Site, regardless as to where the policy is located at on the Web Site.
The Company has a right to refuse to post any message or other postings if the Company believes it is in violation of these terms and conditions. The Company also reserves the right to terminate your use of this site and/or its programs, if you violate any of these prohibited uses.
Services and Pricing
We reserve the right to cancel your access with us (whether you sign up for a subscription or not). We may, in our sole discretion, refuse or cancel your access if you are not following the guidelines set forth in these terms and conditions, or has been or is currently involved in unethical, immoral or illegal activity. Your sole remedy in these cases will be a pro rata refund of your membership, if there is a membership fee. In the event that we cancel your access, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the access was created.
You agree to provide current, complete and accurate account information for all membership, program or donations activity. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
EVCS.com will not discriminate, and prohibits discrimination, harassment, and bullying against any person for any reason—for example, because of age, ancestry, color, disability or handicap, national origin, race, religion, gender, sexual or affectional orientation, gender identity, appearance, matriculation, political affiliation, marital status, veteran status, or any other characteristic protected by law.
It is your responsibility to verify the accuracy of all the information (including personal) entered and/or posted by you on this Web Site.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by the Company from third parties, nor does the Company endorse any opinions expressed in these postings by others. Except for the programs that the Company is involved with, the Company does not endorse any of the products that may be advertised by third parties through the web site. All postings by the Company and products sold by third parties are for informational and convenience purposes only.
While the Company has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users or other third parties (if this feature is ever permitted), they will screen users’ postings before making them available to users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, or through the Companies own internal review, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are false, misleading, abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other third parties.
If ever applicable, the Company will review and edit, if necessary, all content submitted to the Company for upload to this website, prior to publication. The Company also has, at its sole discretion, the right to choose to not publish any uploaded content, if it feels the content is inappropriate.
Any hyperlinks contained in any postings will be, at the discretion of the Company, disabled for use by others.
Registration and Password.
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.
Copyright Notification in the Event of Possible Infringement.
With the exception of the license you grant above, if you believe that your copyrighted work has been uploaded, posted or copied to this Web Site and is accessible on this Web Site in a way that constitutes copyright infringement, please notify us by providing the Company with the following information:
1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
2. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
3. Identification of the URL or other specific location on this web site where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
4. Your name, address, telephone number and, if you have one, your e-mail address;
5. A statement by you that you have a good faith belief that use on the web site of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
6. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
EVCS.com’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
11800 Clark St.
Arcadia, CA 91006
Termination of Users who Violate the Company's policy on infringement of Copyright or other Intellectual Property rights of Others.
The Company, and all of our affiliated companies respect the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner's rights. As a condition to your use of this Web Site, you agree not to use the Web Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, refuse to offer any goods/services, and block access to our Web Site of any users, who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.
The Company’s Liability.
In some cases, we may allow third parties to post information on this site. We may not screen this information before posting. The web site may also be a venue for different products, articles and interviews. The Company is not involved in the actual communications between users, unless specifically mentioned otherwise. As a result, the Company has no control over the content of the various postings, third party vendor information, product information or users work product. In addition (if ever applicable), note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site. There is no agency agreement of any kind made between any Vendor or other third party, and the Company.
Because user authentication on the Internet is difficult, EVCS.com cannot and does not confirm that each user/vendor is who they claim to be. Because we do not and cannot be involved in user-to-user/third party dealings or control the behavior of participants on EVCS.com, in the event that you have a dispute with one or more users, you release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature (including negligence), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We are under no legal obligation to, and generally do not, control the information provided by other users, vendors, and others, which may be made available through the Web Site. By its very nature, other parties information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Web Site. The Company is not liable for the content or accuracy of any postings, and will not be liable to you should you choose to take any advice provided by these users. Your use of this advice is at your own risk.
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site, or other Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any postings placed by you on the Web Site.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS OR EMPLOYEES, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AGAIN, UNLESS STATED OTHERWISE, THE COMPANY DOES NOT ENDORSE ANY INFORMATION PROVIDED BY ANY THIRD PARTY THAT A USER FOUND ON EVCS.COM.
Users may contact the Company, for customer support or service at the following e-mail address(s):
Links to Other Sites.
The Web Site may contain links to third party web sites. The Company does not endorse any of these sites and is provided to you as a convenience only. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party Web sites, you do so at your own risk.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
No Resale or Unauthorized Commercial Use.
As mentioned previously, the Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings (if applicable) from this Web Site and immediate cancel your subscription with or ability to access the Web Site and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions (or other agreements found in this Web Site) or if the Company is unable to verify or authenticate any information you submit to the Web Site registration with or ability to access the Web Site.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. This shall include all intellectual property issues, such as copyright and trademark infringement, and any outcome from any transaction based on the comments on this website. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
(a) Informal Resolution. If a "Dispute" arises under these Terms, the parties will first attempt in good faith to resolve the Dispute by negotiation and consultation between or among themselves. For purposes of these Terms, "Dispute" means a dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof.
(b) Arbitration. In the event that a Dispute is not resolved on an informal basis within fifteen (15) days after one party provides notice to the other party of such Dispute, then the Dispute, including the determination of the scope or applicability of these Terms to arbitrate, will be determined by arbitration in Los Angeles, California, or another location agreed to by the parties. The arbitration will be administered by ADR Services. The arbitration will be held before a sole arbitrator and will be binding with no right of appeal.
(c) Conduct of Arbitration. The arbitration will be conducted pursuant to the ADR Services Standard Arbitration Rules. The arbitration will be commenced by filing a demand for arbitration with the administrator of ADR Services and serving the demand on the opposing party. The responding party may file a response and/or a counter-claim within fifteen (15) calendar days. If no response is filed, all the allegations of the demand will be deemed denied.
(d) Selection of Arbitrator. The parties involved in the Dispute will select an arbitrator by mutual agreement through ADR Services within thirty (30) calendar days of the date the demand for arbitration is filed. If the parties are unable to agree on the selection of an arbitrator within such time, the senior administrator of ADR Services will select an independent arbitrator.
(e) Class Action Procedures. The parties involved in the Dispute expressly intend and agree that class action, collective action and representative action procedures shall not be asserted, nor shall they apply, in any arbitration pursuant to these Terms; that neither party shall assert a class, collective or representative claim against the other, in arbitration or otherwise; and that each of the parties shall submit only its own, individual claims to arbitration and will not seek to represent the interests of any other person.
(f) Costs. The arbitrator will determine how the costs and expenses of the arbitration will be allocated between the parties, and may award attorneys" fees in the arbitrator’s discretion.