Terms of Service

Updated: February 6, 2023

Please read these Terms of Use (these “Terms of Use”) carefully before using the website located at https://evhomecharging.com, including any related websites, mobile applications, services, and platforms (collectively, the “Website”) and the services available through the Website (the “Services”). Throughout the Website and these Terms of Use, the terms “we”, “us”, and “our” refer to evhomecharging.com, a California corporation, and its affiliates (“EV Home Charging”). EV Home Charging offers the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein. At this time, the Website is available for access to users located in the United States of America only.

These Terms of Use apply to all users of the Website, including without limitation users who are browsers, vendors, customers, and/or merchants. By accessing or using any part of the Website, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions of these Terms of Use, which is a legally binding agreement between you and EV Home Charging, then you may not access the Website or use any of the Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools which are added to the Website shall also be subject to these Terms of Use. You can review the most current version of these Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes as these Terms of Use may change at any time at our sole discretion. Your continued use of or access to the Website or any Services following the posting of any changes or updates to these Terms of Use constitutes acceptance of those changes and updates and your agreement to be bound by the modified Terms of Use.

Purpose of the Website

The purpose of the Website is to help you find an installer for an electric vehicle charger in your home. EV Home Charging is a contracted sales representative for certain installers of electric vehicle chargers (each, an “Installer”). The Services are simply a matter of convenience to assist you in connecting with a local Installer. We do not guarantee or make any representation or warranty whatsoever with respect to the qualifications or quality of an Installer, including, without limitation, whether (a) any Installer is the most qualified installer of electric vehicle charging equipment in your locality; (b) any statements made by an Installer are true or reliable; (c) the pricing quoted by an Installer is competitive with the pricing for installation services for electric vehicle charging equipment in your locality; (d) the Content (as defined below) is true, accurate, or complete; (e) the Content is up-to-date; (f) the Content is error-free; or (g) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components.

For purposes of these Terms of Use, “Content” refers to any documents, images, graphics, logos, designs, audio, video, data, information, and any other items published or displayed on the Website, including the identity, contact information, and related content and/or links posted by any of the Installers presented on the Website.

License

Intellectual Property Rights / Use of the Website. The Website, along with any information, images, pictures, data, and any other items published or displayed on the Website is the property of EV Home Charging or its third party contributors (collectively, the “Company IP”). Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel, or otherwise, under copyright or other intellectual property rights, to the Company IP. You understand and agree that the Company IP and the Website are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws, to the extent applicable. As a user of the Website, you are granted a non-exclusive, non-transferable, revocable, personal, limited license to access and use the Website in accordance with these Terms of Use and any terms of service or use of any third-party service provider. EV Home Charging may terminate, modify, edit, suspend, or restrict access to this license or other aspects of the Website at any time for any reason.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website without our prior written consent.

You must not:

Republish material from the Website.
Sell, rent or sub-license material from the Website.
Reproduce, duplicate or copy material from the Website.
Redistribute content from the Website.

A breach or violation of any of these Terms of Use will result in an immediate termination of your use of or access to the Website.

DISCLAIMER: EV Home Charging is not a licensed contractor or electrician. EV Home Charging is not responsible for the work of the Installer that you hire.

EV Home Charging is not a general contractor or a licensed contractor. EV Home Charging is not performing any installation services. We are not managing or overseeing any Installer who performs installation services at your home. If we provide an Installer as a prospective service provider to you, this simply means that such Installer has submitted evidence to us of having met specific criteria set by us, which criteria is limited to a basic background check and a price quote for services. We have relied on the accuracy and truthfulness of the information submitted by the service providers and we have not verified such information. We do not endorse and we are not responsible or liable for any Installer, including, without limitation any Installer’s claims, Content, data, advertising, products, goods or services available or unavailable from, or through, an Installer or any other third party.

When you subscribe for the Services, EV Home Charging will provide you with one (1) estimate for an Installer from your locality. If you agree to engage such Installer, EV Home Charging will charge you ten percent (10%) of the total price quoted for the installation services (the “Referral Fee”). While we are receiving the Referral Fee, we are not the Installer, and we are not responsible for any of the work performed by the Installer. In consideration of your use of the Website and the Services, you agree to pay EV Home Charging the Referral Fee. You authorize EV Home Charging to charge your credit card or other form of payment tendered on the Website for purposes of paying the Referral Fee. Notwithstanding any steps that we may take, your determination of which Installer to select, as well as your dealings with any Installer and any other terms, conditions, representations or warranties associated with such dealings, are between you and the Installer exclusively. You agree to assume all risks associated with your engagement of an Installer and your use of the Website and the Services.

In the event that you would like to obtain a permit for the electric vehicle charging equipment that is installed at your home, you must discuss the process and cost for obtaining such permit with the Installer. At your specific request, an Installer may obtain a permit for the installed equipment at an additional cost to you. A standard price quote for the installation services will not include obtaining a permit within the scope of work.

Disclaimer of Warranties

We do not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.

You agree that from time to time we may remove the Website for indefinite periods of time or cancel the Website or any of our product or service offerings at any time, without notice to you.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE WEBSITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT ASSUME ANY LIABILITY OF ANY KIND RELATED TO YOUR USE OF THE WEBSITE OR THE SERVICES OF ANY INSTALLER. YOU USE THE WEBSITE AND THE SERVICES AT YOUR OWN RISK.

The foregoing disclaimer of warranties shall apply to the maximum extent permitted by applicable law.

Limitation of Liability

IN NO CASE SHALL EV HOME CHARGING, OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, MANAGERS, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, “RELEASED PARTIES”) BE LIABLE FOR ANY INJURIES, CLAIMS, DEMANDS, LOSSES, LIABILITY, LAWSUITS, LIENS, JUDGMENTS, TAXES, FEES, COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES, COSTS, AND EXPENSES) (COLLECTIVELY “DAMAGES”), OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, MULTIPLE-OF-EARNINGS, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, LOSS OF PROPERTY, DIMINUTION IN VALUE, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE WEBSITE, ANY OF THE SERVICES OR PRODUCTS PROCURED USING THE WEBSITE, ANY FORCE MAJEURE EVENT (AS DEFINED BELOW), OR FOR ANY OTHER CLAIM CAUSED BY OR RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR ANY PRODUCT OR SERVICES FROM EV HOME CHARGING, INCLUDING, BUT NOT LIMITED TO, (A) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (B) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR ANY CONTENT (OR SERVICE) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, (C) ANY INSTALLATION OR DELAY OR FAILURE IN INSTALLATION, (D) FAILURE OF ANY INSTALLER TO APPEAR FOR AN APPOINTMENT, (E) SERVICES THAT NEED TO BE RESCHEDULED, OR SERVICES THAT EXTEND FOR LONGER THAN ORIGINALLY QUOTED, (F) SERVICES FOR A HIGHER AMOUNT THAN ORIGINALLY QUOTED OR CONTRACTED, (G) CLAIMS FOR INJURY OR DEATH, LOSS OR DAMAGE TO PROPERTY, LOSS OF USE, LOSS OF DATA OR LOSS OF PROFIT ARISING OUT OF THE USE OF YOUR PROPERTY OR ANY SYSTEM, (H) THE INABILITY TO USE THE WEBSITE OR THE SERVICES, (I) COSTS OF ANY EQUIPMENT OR PROPERTY DAMAGED BY AN INSTALLER, (J) ANY ACT OR OMISSION OF AN INSTALLER, (K) THE CONDUCT OR STATEMENTS MADE BY ANY INSTALLER, WHETHER INTENTIONAL, NEGLIGENT OR OTHERWISE, OR (L) ADHERENCE OR LACK OF ADHERENCE WITH ANY BUILDING CODES OR OTHER LAWS GOVERNING THE SERVICES, IN EACH CASE, EVEN IF ONE OF OUR REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF YOUR DAMAGES. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

Notwithstanding the foregoing, if EV Home Charging is found to be liable for anything related to the Website or its products or Services, our liability to you or to any third party shall not exceed the total amount which you paid to us.

Indemnification

You agree to indemnify, defend, and hold EV Home Charging and our shareholders, parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees, successors, and assigns harmless from any claim or demand, including any Damages, made by any third-party, including, without limitation, any Installer, due to or arising out of (a) your breach of these Terms of Use or the documents they incorporate by reference, (b) your violation of any law or the rights of a third-party, (c) the installation services provided by an Installer, or (d) your default under or breach of any agreement with an Installer.

Your Information

As a condition of your use of the Website, you agree to (a) provide us with true, accurate, current, and complete information when registering for or using the Website and any available Services and (b) update and maintain the truthfulness, accuracy, and completeness of such information.

Prohibited Uses

The Content is for your personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, attempt to discern the code or underlying structure of, or create derivative works from the Website or the Content, including the underlying structure of any part, feature, function, or user interface of the Website or any Content. Nor may you use any network monitoring or discovery software to determine the Website architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Website or the Content without EV Home Charging’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Website, or rent, lease, loan, resell, sublicense, distribute, or otherwise transfer any Content to any third party or use the Content to provide time sharing or similar services for any third party or otherwise make the Content available to, or use for the benefit of, anyone other than you. You may not use or otherwise export or re-export the Website, the Content or any portion thereof in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Website or the Content is prohibited.

In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.

About the Information You Provide

We do not want to receive confidential or proprietary information from you through the Website other than your billing / payment information. You should only transmit information necessary for you to make contact with an Installer from whom you wish to receive a quotation, or whom you would like to have contact you directly. If you transmit to or post on the Website any material, data, or information, it will be shared with Installers with whom you are interacting. This includes any personally identifiable information (“PII”) that you provide to us. Your submission of PII through the Website is governed by our Privacy Policy. Please review our Privacy Policy.

Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Use for all purposes.

These Terms of Use are effective unless and until terminated by either you or us. Except for the provisions for Disclaimer of Warranties, Limitation of Liability, and Indemnification, you may terminate these Terms of Use at any time by notifying us that you no longer wish to use the Website, or when you cease using the Website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate these Terms of Use at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Website (or any part thereof).

Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on the Website or in respect to these Terms of Use, including the Privacy Policy, constitute the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

Governing Law

These Terms of Use and any separate agreements whereby we provide you with any Services shall be governed by and construed in accordance with the laws of the State of California, without regard to the principles of conflict of laws. The parties hereto hereby irrevocably submit to the exclusive jurisdiction of the courts of the State of California and any United States District Court situated in the State of California for the purposes of construing and enforcing these Terms of Use.

EV Home Charging’s policy is to respond to claims of infringement in compliance with the DMCA. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Website, please complete the following DMCA notice and deliver it to EV Home Charging’s designated DMCA agent at the contact information provided below.

You must provide the following information in writing in your DMCA notice:

Identify the copyrighted work that you claim has been infringed;
Identify the material that is claimed to be infringing and where it is located on the Website;
Provide reasonably sufficient information to permit us to contact you, such as your address, telephone number, and e-mail address;
Provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
Provide a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner; and
Provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner.

Deliver the DMCA notice, with the above information completed, to EV Home Charging’s designated DMCA agent at: help@evhomecharging.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please be aware that this procedure is only for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice.

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Force Majeure

Neither EV Home Charging nor any third party service provider shall be liable for failures or delays in delivery or in performance due to causes beyond its reasonable control, including but not limited to acts of God or civil or military authority, disease, epidemics, pandemics, war, invasion, riot, or other civil unrest, strikes, labor stoppages or slowdowns, or other industrial disturbances, flood, fire, explosion, governmental order or law, national or regional emergency, shortage of adequate power or transportation facilities, or any other event which is beyond the reasonable control of EV Home Charging (collectively, “Force Majeure Event”).

Assignment

These Terms of Use are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate this agreement and all rights and obligations hereunder without your consent.

No Agency Relationship

No joint venture, partnership, employment or agency relationship exists between us as a result of these Terms of Use or use of the Website.

Waiver and Modification

Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use.

Contact Information

Questions about these Terms of Use should be sent to us (Attention: Legal Compliance Officer) at help@evhomecharging.com.