Updated: January 12, 2022
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:
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.
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.
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.
With regard to your use of the Website, you agree not to:
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.
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.
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:
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.com, 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:
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.
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.
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.
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:
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:
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.
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.
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.
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.