USE OF THE QMERIT WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS
PLEASE READ THESE TERMS CAREFULLY
Updated: January 12, 2022
1. This Website is Intended to Help You Identify a Third-Party Licensed Installer
This Website is provided to you by Qmerit Electrification LLC, without charge, as a convenience and for your information only. The purpose of this Website is to help you find an installer and for the charger for your electrical vehicle (“EV”) who has demonstrated certain competencies for the installation of specified consumer products in your home (an “Installer”). Our services are available as a matter of convenience to assist you in contacting local Installers and receiving bids for EV charger installations. While you may access our services by means of a link from the manufacturer of your vehicle or a fleet management company (a “Program Sponsor”), neither we nor the Program Sponsor guarantee the qualifications or quality of any Installer and, in all cases, it remains your responsibility to negotiate, select and contract with any of the Installers featured on this Website.
By merely providing access to our Content, neither we nor the Program Sponsor warrant or represent that:
any particular Installer is the most qualified to perform installation services;
any statements made by Installer are true;
the pricing quoted by Installer is competitive;
the Content is accurate or complete;
the Content is up-to-date or current;
we have a duty to update any Content;
the Content is free from technical inaccuracies or errors; or
your access to our Website will be free from interruptions, errors, computer viruses or other harmful components.
2. We are Not Licensed Contractors, and You Are Solely Responsible for the Installer You Hire
We are not a general contractor or a licensed contractor of any type, and neither we nor the Program Sponsors are performing the installation services and are not managing or overseeing any Installer who performs services. While certain service providers are visible as Installers on our Website, once those service providers submit evidence of having met specific criteria set by us or our Program Sponsor, neither we nor the Program Sponsors endorse nor are responsible or liable for any Installer, nor any of their related claims, Content, data, advertising, products, goods or services available or unavailable from, or through, an Installer or any other third party. Although we may in many cases collect payment from you, or from a Program Sponsor or from a vehicle finance company, and then process payments being paid to the Installer for the work the Installer is doing at your home, we are not the Installer, and are not responsible for any of the work performed by the Installer. Notwithstanding any steps that we may take, your determination of which Installer to select, as well as your dealings with, or participation in promotions with, any other Installers and any other terms, conditions, representations or warranties associated with such dealings, are between you and the Installer exclusively. You should make whatever investigation or use whatever other resources that you deem necessary or appropriate before hiring or engaging any Installer. Please carefully read our Disclaimers and Limits of Liability in Section 3.
3. We Provide Our Website “As Is,” Disclaim All Warranties and Liability Regarding the Installers' Services, and Limit Our Liability
OUR WEBSITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR THE PROGRAM SPONSORS ASSUME ANY LIABILITY OF ANY KIND RELATED TO YOUR USE OF THE WEBSITE OR THE SERVICES OF ANY INSTALLER. IN OTHER WORDS, YOU USE OUR WEBSITE AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR BREACH OF ANY CONDITIONS OR WARRANTIES, SHALL WE OR OUR OFFICERS, DIRECTORS, SHAREHOLDERS, OR PROGRAM SPONSORS (“RELEASED PARTIES”) BE LIABLE FOR ANY CLAIMS, DEMANDS, LOSSES, LIABILITY, LAWSUITS, LIENS, JUDGMENTS, TAXES, FEES, COSTS AND/OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES, COSTS AND EXPENSES) (COLLECTIVELY “DAMAGES”) WHETHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES CAUSED BY OR RELATED TO (A) ANY INSTALLATION OR DELAY OR FAILURE IN INSTALLATION; (B) FAILURE OF ANY PARTY TO APPEAR; (C) SERVICES THAT NEED TO BE RESCHEDULED, OR WHICH EXTEND FOR LONGER THAN ORIGINALLY QUOTED OR FOR A HIGHER AMOUNT THAN ORIGINALLY QUOTED OR CONTRACTED; (D) 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, OR THE INABILITY TO USE THIS WEBSITE OR THE SERVICES; (E) COSTS OF ANY EQUIPMENT DAMAGED BY AN INSTALLER; (F) THE CONDUCT OR STATEMENTS MADE BY ANY INSTALLER, WHETHER INTENTIONAL, NEGLIGENT OR OTHERWISE; OR (G) ADHERANCE OR LACK OF ADHERANCE WITH ANY BUILDING CODES OR OTHER LAWS GOVERNING THE SERVICES, EVEN IF ONE OF OUR REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF YOUR DAMAGES. NEITHER WE NOR THE PROGRAM SPNSORS ARE LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF ANY WEBSITE USER, INCLUDING INSTALLERS. IN NO EVENT WILL ANY RELEASED PARTY BE HELD LIABLE FOR ANY NEGLIGENT, TORTIOUS OR ILLEGAL CONDUCT OF INSTALLERS OR OTHER WEBSITE USERS.
IN ALL EVENTS, YOU WAIVE THE RIGHT TO BRING OR ASSERT ANY CLAIM AGAINST ANY RELEASED PARTY RELATING TO ANY INTERACTIONS OR DEALINGS WITH ANY INSTALLER, AND YOU HEREBY RELEASE ALL RELEASED PARTIES FROM ANY AND ALL LIABILITY FOR OR RELATING TO ANY OF YOUR INTERACTIONS OR DEALINGS WITH INSTALLERS.
4. How You Can Access the Website
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.
5. About the Information You Provide
you grant to us a royalty free, perpetual, irrevocable, worldwide, non-exclusive, transferable, and sublicensable license to use, reproduce, transmit, copy, adapt, modify, merge, publicly display, create derivative works from, and incorporate into other works any User Content, and further acknowledge that this license cannot be terminated by you once such User Content is submitted to the Website;
you own or have secured all legal rights and consents necessary for you to submit the User Content to us and grant us the foregoing license to the User Content;
if these features are enabled, you are solely responsible for your reviews and ratings, and that all of your reviews and ratings are based upon your actual first-hand experiences with the Installer(s) you are reviewing or;
if these features are enabled, all of your reviews and ratings of the Installer that you are rating will be accurate, honest, truthful, and complete in all respects;
you will not post to, or transmit from or through, our Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law;
you have not received any form of compensation to post reviews and ratings; and
we may, in our sole discretion, determine whether any User Content complies with the Code of Conduct set forth below, and determine whether to remove or not to remove reviews and ratings once published in accordance with such Code of Conduct.
6. Code of Conduct While Using the Website
With regard to your use of the Website, you agree not to:
use the Website in any manner that violates any applicable law or that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any Content or User Content that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
knowingly provide or submit false or misleading information on or through the Website;
attempt to gain unauthorized access to the Website, other user accounts, or other computer systems or networks connected to the Website, or any other systems or networks connected to hacking, password 'mining' or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other user;
transmit or submit any transmission or other materials that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines; or
7. We Do Not Have Responsibility for Links to Third Party Content
We may provide hyperlinks or pointers to other sites maintained by third parties or may provide third party content on our website by framing or other methods. The links to third party sites are provided for your convenience and information only. The content in any linked sites is not under our control so we are not responsible for the content, including any further links in a third party site. If you decide to access any of the third party sites linked to our website, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, Trojan horses and other items of a destructive nature.
8. If We Provide a Link, We Do Not Necessarily Endorse Any Third Party
We reserve the right to terminate a link to a third party site at any time. The fact that we provide a link to a third party site does not mean that we endorse, authorize or sponsor that site. It also does not mean that we are affiliated with the third party site’s owners or sponsors.
9. If a Third Party Links to Our Website, It is Not an Endorsement
If a third party links to our site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to our site.
Except for links which we have initiated, including those from a Program Sponsor, a site that links to our website:
May link to, but not replicate, our Content
Should not create a browser, border environment or frame our Content
Should not imply that we are endorsing it or its products
Should not misrepresent its relationship with us
Should not present false information about our products or services
Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
10. Your Use of Our Website is Restricted
Our Website and its Content are owned and operated by us. The Content is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, the Content is protected by trademark laws, the laws of privacy and publicity, and communications regulations and statutes. All right, title and interest to these intellectual properties, including the software and services platform which is used to operate the Website, unless used by Qmerit under license, are exclusively owned by Qmerit.
No Content from www.qmerit.local, www.qmeritcharging.com or any other website owned, operated, licensed or controlled by us or by our Program Sponsor may be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way. You also may not, without our permission, “mirror” any material contained on our Website on any other server. The sole exceptions to these restrictions are:
you obtain written permission from us to waive these restrictions;
you may download one copy of the content on a single computer for informational, non-commercial and personal use only, provided you keep intact all copyright and other proprietary notices and do not modify, and will not copy or post, the content on any network computer or broadcast in any media.
The following is a non-exclusive list of registered and non-registered trademarks or service marks of QMERIT or its subsidiaries, in the United States and/or other countries or jurisdictions: QMERIT and the Qmerit Logo. To the extent a name, logo or design does not appear on the above list, such lack of appearance does not constitute a waiver of any intellectual property rights that Qmerit has established in its product or service names or logos, or in product configurations or designs, all of which rights are expressly reserved.
11. By Providing Content, We Do Not Allow You to Use Our Trademarks or Servicemarks
The trademarks and service marks and logos of Qmerit, along with those of our affiliates and Program Sponsors, which are used and displayed on our Website are our registered and unregistered trademarks, or those of our affiliates and Program Sponsors. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of these trademarks without our written permission. Requests to use trademarks owned by other companies which may be mentioned on this Website should be directed to such other companies. We aggressively enforce our intellectual property rights. The name of Qmerit, our logo or any of the trademarks or service marks of our affiliates and Program Sponsors may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without our prior written permission. You are not authorized to use our logo as a hyperlink to our Website unless you obtain our written permission in advance.
12. You Must Obey Local Laws in Accessing Our Website
The Website is controlled by us from our offices within the United States of America. We make no representation that Content or materials in the site are appropriate or available for use in other jurisdictions. If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws, including but not limited to the export and import regulations. We are not responsible for any law violations. You may not use or export the materials in this Website in violation of U.S. export laws and regulations.
The materials on the Website are subject to the United States Export Administration Laws and Regulations. Diversion of such materials contrary to United States law is prohibited. Neither the materials, nor any information acquired through the use of the Website, may be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor may it be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
13. Handling of Copyright Claims
Any party who believes that their copyrighted materials have been improperly posted or used on the Website in a manner which they believe constitutes copyright infringement should provide us with notification containing all of the following information:
Identify in sufficient detail the copyrighted work(s) (“Work”) that you believe has been infringed upon (i.e., describe the work that you own).
Provide us with information reasonably sufficient to locate the Work, or describe where you saw it posted.
Provide a reasonably sufficient method of contacting you. A phone number and email address would be preferred.
Provide information that you have, if any, sufficient for us to notify the user(s) who posted the Content that allegedly contains the infringing Work. You may also provide screenshots or other materials that are helpful to identify the Work in question. This information is optional, but does help us to resolve issues addressed by your notification.
Include the following statement: "I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law."
Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." You must also sign the notification.
This notification must be mailed to our designated Copyright Agent at Qmerit:
Qmerit Electrification, LLC
Attn: Copyright Agent
2 Venture, Suite 550
Irvine, California 92618
When a valid DMCA notification is received, we will respond under this process by taking down the offending Content, if it has not already been deleted.
TO FILE A COUNTER-NOTIFICATION:
If you believe that a complaint made against any Works posted by you is not the subject of a valid copyright Takedown Notice, and that such material was mistakenly removed, you can provide us with a notification containing all of the following information:
List any items, whether copyright or not (“Item”) that were removed by us, and the location(s) the Item appeared before it was removed. Please identify the object in sufficient detail for us to determine its prior location.
Provide your name, address, telephone number, email address (if available).
State that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside (or the Central District of California, if your address is outside of the United States).
State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.
State the following: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled." You must also sign the notification.
This notification must be mailed to our designated Copyright Agent at Qmerit, at the address above. On receiving a valid counter-notification, we generally restore the Content in question, unless it is Content that would normally have been deleted under these terms. If we receive notice from the person providing the original notification that a legal action has been filed seeking a court order to restrain the alleged infringement, we will remove the Work until we receive notice of a dispositive resolution of the issue.
We will also provide counter-notifications to the person making the DMCA claim. Regardless of whether or not we reinstitute the Work in question, the person making the claim may elect to file a lawsuit against you for copyright infringement.
14. You Agree to Indemnify Us for Using Our Website
15. Third Parties May Have Rights Under This Agreement
16. How This Agreement May Be Terminated
17. Notices May Be Provided Electronically
18. Applicable Law; Limited Time to Make a Claim
19. Mandatory Arbitration and Class Action Waiver
BOTH YOU AND QMERIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both of us agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
20. Efforts to Resolve a Claim Before Commencing Arbitration
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Our address for Notice is: Qmerit Electrification, LLC, ATTN: General Counsel, 2 Venture, Suite 550, Irvine, California 92618. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, either one of us may commence an arbitration proceeding.
21. How Arbitration is Commenced and Administered
Once the procedure in Section 20 has been satisfied or the time has expired, either you or we may start arbitration proceedings. Any arbitration between us will take place under the Consumer Arbitration Rules of the American Arbitration Association ("AAA") then in force (the "AAA Rules"), as modified by this Arbitration Agreement. You and we both agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. We can also help put you in touch with the AAA. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
22. Where the Arbitration Would Take Place
Subject to Section 24 below, any arbitration hearings will take place in the county (or parish) of your billing address, or the closest location in which the AAA is able to administer the arbitration. If the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.
23. Who Pays for the Arbitration?