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All content, as well as the design, layout and materials, provided on this Site are owned by or licensed to EVFY, Inc. and/or its affiliates (the “Site Content”) and protected by United States and international copyright laws. EVFY, Inc. and its licensors retain all proprietary rights to the Site Content. The Site Content may not be reproduced, transmitted, modified, copied, downloaded, sold, distributed or otherwise exploited, in whole or in part, without the express, prior written consent of EVFY, Inc.
“EVFY Trademark” means all names, marks, brands, logos, designs, trade dress, slogans and other designations EVFY, Inc. uses in connection with its products and services. You shall not copy, display or use any EVFY Trademarks, without EVFY’s prior written consent. You are not permitted to incorporate any EVFY Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, nor shall you co-brand your own products or material with EVFY Trademarks. You acknowledge EVFY’s rights in the EVFY Trademarks and agree that any use of the EVFY Trademarks by you shall inure to EVFY’s sole benefit.
Some of the Site Content may be licensed from third parties and all such third party content and all intellectual property rights related to such content belong to the respective third parties. All third party trademarks and/or logos used on this Site are the trademarks, service marks, or logos of their respective owners. EVFY, Inc. makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any third party content posted on the Site and EVFY, Inc. does not control the quality, safety or accuracy of such content thereof. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring to you any license to any EVFY, Inc. or third party intellectual property rights, whether by estoppel, implication, or otherwise.
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Please do not Use any material that you believe is confidential or proprietary, or for which you expect to receive consideration or compensation in any form. By submitting material to EVFY, Inc., you acknowledge that such material is neither confidential nor proprietary, and you waive the right to receive compensation of any kind for the material. Any material, information or idea you transmit to EVFY, Inc. or post on this Site will be treated as non-confidential and non-proprietary and EVFY, Inc. will be free to copy, disclose, distribute, incorporate and otherwise use any such submission for any and all commercial and non-commercial purposes. We do not accept submissions of business plans or ideas through this Site. We receive many more submissions than we can respond to, so please do not expect a response to any material you may submit.
You agree to indemnify and hold EVFY, Inc. and its affiliates and each of their employees, contractors, agents, officers, and directors harmless from any claim or demand made and all associated costs, damages and liabilities, including reasonable attorneys' fees, arising out of or related to your use of the Site, your violation of any terms or conditions of these Terms, your violation of applicable laws, or your violation of the rights of any other person or entity.
These Terms shall be governed by and construed in accordance with the laws of the state of California, exclusive of its choice of law or conflicts of law rules. You agree that the exclusive venue for all litigation regarding or arising out of these Terms shall be in Los Angeles County, California and you agree to submit to the jurisdiction of the courts in Los Angeles County, California for such litigation. Excluding claims for equitable relief, if the total amount in dispute is less than $10,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator's award entered as a judgment in any court of competent jurisdiction. Any claims (in court or in arbitration) must be brought in the initiating party's individual capacity and not as a plaintiff or class member in any class action or other similar proceeding. This Agreement does not allow class actions or collective arbitrations even if the arbitration procedures or rules would. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Not all customers will qualify for this offer. You must own your home or place of residence, or have the legal right to authorize the installation of the EVSE and, where necessary, the making of any modifications to the electrical supply equipment situated on the property. EVFY reserves the right to request photographs or other means, satisfactory to EVFY, of assessing the compatibility of your electrical panel and related equipment with the EVSE (including access by Zoom®, Skype® or other methods to which you consent). By applying for participation in the Program, you consent to EVFY’s visual inspection of your property to determine its compatibility with the EVSE. If EVFY determines that upgrades to your electrical panel are necessary, any costs associated with such upgrades will be your responsibility. You may choose any electrician or service provider of your choice to make the upgrades, or you may use EVFY’s authorized and licensed electrician (the cost for which is payable prior to the installation of the EVSE).
* The installation requirements will vary depending on the condition of your property and the jurisdiction in which you reside. All Qualifying Customers are responsible for the cost of (1) government fees associated with the installation, including permitting, plan check and inspection, and (2) any electrical service upgrades to your property that are necessary to conform to the basic installation requirements.
This Site is operated by EVFY, Inc. in the United States. EVFY, Inc., 4360 Park Terrace Drive, Suite 100, Westlake Village, CA 91361
DATED: March 2021