Agreement between User and Conveyance Lab LLC d.b.a. EV.GuideWelcome to EV.Guide. Please read this page carefully, as it contains important rules and restrictions that govern your use of our websites, services, and applications (the "Products"). Our Products are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). These terms are a binding contract between you and Conveyance Lab LLC d.b.a. EV.Guide ("EV.Guide", "we", "us") Your use of EV.Guide Products constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. These terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. YOUR USE OF AND ACCESS TO OUR PRODUCTS ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE PRODUCTS IN ANY MANNER.
EV.Guide provides information to help consumers navigate the process of buying an electric vehicle. EV.Guide may sell access to some of our Products.
Electronic CommunicationsVisiting EV.Guide or sending emails to EV.Guide constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and within our Products, satisfy any legal requirement that such communications be in writing.
Children Under ThirteenEV.Guide does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use EV.Guide Products only with permission of a parent or guardian.
Links to Third Party Sites/Third Party ServicesEV.Guide may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of EV.Guide and EV.Guide is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EV.Guide is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EV.Guide of the site or any association with its operators. When you access Linked Sites, you accept that there are risks in doing so, and that EV.Guide is not responsible for those risks. EV.Guide has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, practices or opinions expressed in any third-party websites or by any third party you interact with through the Products. Your interactions with organizations or individuals found on our through our Products, including payment for the delivery of goods and/or services (and any associated terms, conditions, warranties or representations) are solely between you and such organizations or individuals. You agree that EV.Guide shall not be responsible or liable for any loss or damages of any sort, resulting from such dealings.
Certain functionality made available via EV.Guide is delivered by third party sites and organizations. By using any of our Products, you hereby acknowledge and consent that EV.Guide may share such information and data with any third party with whom EV.Guide has a contractual relationship to provide the requested product, service or functionality on behalf of EV.Guide users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Products, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Products, is the property of EV.Guide or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. The Products may allow you to copy or download certain content, but please note that even where this functionality exists, all of the restrictions contained in this section still apply.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Products. EV.Guide content is not for resale. Your use of the Products does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of EV.Guide and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of EV.Guide or our licensors except as expressly authorized by these Terms.
User Submitted ContentEV.Guide may allow you to contribute content. Anything that you post, store, share, or otherwise provide through the Products is your "User Submitted Content". Some User Submitted Content may be viewable or accessible to other users. You are solely responsible for all User Submitted Content that you contribute to our Products. You represent that all User Submitted Content submitted by you is in compliance with all applicable laws, rules, and regulations. You agree not to post, upload, share, or store any User Submitted Content that; (a) infringes upon any third party trademarks, privacy rights or other copyrights, (b) contains sexually explicit content, (c) contains hateful, defamatory or discriminatory content, (d) incites hatred against any individual or group, (e) promotes fraudulent schemes, (f) promotes gaming or gambling, (g) includes cruelty or violence toward animals, or (h) violates any law.
For all User Submitted Content, you hereby grant EV.Guide a license to translate, modify, and reproduce the User Submitted Content for technical purposes (for example, to make the content viewable on different types of devices). This is a license only, your ownership of the User Submitted Content is not affected.
If you provide us with User Submitted Content containing any suggestions, improvements, feedback, and/or requests for features (User Submitted Feedback), then you grant EV.Guide the aforementioned licenses, as well as any other rights necessary for EV.Guide to utilize User Submitted Feedback to improve our Products or business practice. You agree to grant licenses that are royalty-free, perpetual, sublicensable, irrevocable, and worldwide. You understand and agree that it may not be possible to delete content from EV.Guide's records, and that your User Submitted Content and User Submitted Feedback may remain viewable and therefore accessible to other users to copy, store or share.
Third Party AccountsYou will be able to connect your EV.Guide account to third party accounts. By connecting your EV.Guide account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use these features.
International UsersThe Products are controlled, operated and administered by EV.Guide from our offices within the USA. If you access the Products from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the EV.Guide Content accessed through the Products in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
IndemnificationYou agree to indemnify, defend and hold harmless Conveyance Lab LLC d.b.a. EV.Guide and/or its suppliers, licensors, partners, parent, subsidiaries, or affiliated entities and each their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective assigns (EV.Guide and all such parties together, the "EV.GUIDE PARTIES") for any losses, damages (actual and consequential), costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Products, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. EV.Guide reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with EV.Guide in asserting any available defenses.
AssignmentYou may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Product account, in any way (by operation of law or otherwise) without EV.Guide's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
ArbitrationPlease read the following ARBITRATION AGREEMENT carefully, because it requires you to arbitrate certain disputes and limits the manner in which you can seek relief from EV.Guide. Both you and EV.Guide agree that for any dispute arising out of or relating to these Terms, EV.Guide's officers, directors, employees and independent contractors are third-party beneficiaries of these Terms and will have the right to enforce these Terms against you as the third-party beneficiary hereof. All parties shall use best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to these Terms directly through good-faith negotiations, which shall be a precondition of either party initiating arbitration. In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted in the English language by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Class Action WaiverAny arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and EV.Guide agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability DisclaimerTHE INFORMATION, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PRODUCTS MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CONVEYANCE LAB LLC D.B.A EV.GUIDE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCTS AT ANY TIME, FOR ANY REASON, AT OUR SOLE DISCRETION.
EV.GUIDE PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE PRODUCTS, AND THE EV.GUIDE PARTIES WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE PRODUCTS OR ANY CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES OR LIABILITIES ARISING OUT OF USE OF, OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN, THE PRODUCTS.
EV.GUIDE DOES NOT GIVE FINANCIAL ADVICE. NO CONTAINED CONTAINED HEREIN SHALL BE CONSTRUED AS FINANCIAL ADVICE, EVER.
EV.GUIDE CREATES PRODUCTS THAT HELP PEOPLE BETTER UNDERSTAND ELECTRIC VEHICLES, AND IN DOING SO WE MAY MAKE REFERENCE TO THIRD PARTY PRODUCTS AND SERVICES. EV.GUIDE MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING ANY THIRD PARTY PRODUCT OR SERVICE, AND WILL NOT BE HELD RESPONSIBLE FOR ANY INTERACTIONS OR DEALINGS WITH THIRD PARTY PRODUCTS AND SERVICES. THE INCLUSION OF ANY REFERENCE TO A THIRD PARTY PRODUCT OR SERVICE DOES NOT IMPLY ENDORSEMENT BY EV.GUIDE OR ANY ASSOCIATION WITH ITS OPERATORS. YOUR INTERACTIONS WITH THIRD PARTY PRODUCTS OR SERVICES FOUND ON OR THROUGH OUT PRODUCTS ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTIES. YOU AGREE THAT EV.GUIDE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY SORT, RESULTING FROM INTERACTIONS WITH THIRD PARTIES.
THE EV.GUIDE PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF PRODUCTS OR SERVICES PURCHASED THROUGH OR IN CONNECTION WITH THE PRODUCTS.
THE PRODUCTS AND CONTENT ARE PROVIDED BY EV.GUIDE (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PRODUCTS FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE EV.GUIDE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PRODUCTS, WITH THE DELAY OR INABILITY TO USE THE PRODUCTS OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PRODUCTS, OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CONVEYANCE LAB LLC D.B.A EV.GUIDE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PRODUCTS, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PRODUCTS.
Restricted Uses of the ProductsYou agree not to use or interact with the Products in any manner that:
(a) infringes or violates anyone's rights, including intellectual property rights.
(b) is dangerous, harmful, threatening, deceptive, fraudulent, obscene, or defamatory.
(c) violates any law in any region.
(d) jeopardizes the security of the Products.
(e) jeopardizes the security of any computer networks, passwords or encryption.
(f) jeopardizes the security of other users, including attemps to obtain passwords, account data, or other information from any other user of the Products.
(g) runs any "spam", including automated processes, mail list, listserv or any activity that may interfere with the operation of, or place an unreasonable load on, the Products.
(h) "Crawls", "Scrapes" or "Spiders" any content or data (including both manual and automated processes).
(i) Copy or store any significant portion of the Product's content.
(j) Attempts to decompile, reverse engineer, obtain information or source code.
Termination/Access Restriction EV.Guide reserves the right, in its sole discretion, to terminate your access to the Products and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Hampshire and you hereby consent to the exclusive jurisdiction and venue of courts in New Hampshire in all disputes arising out of or relating to the use of the Products. Use of the Products is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and EV.Guide as a result of this agreement or use of the Products. EV.Guide's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EV.Guide's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Products or information provided to or gathered by EV.Guide with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and EV.Guide with respect to the Products and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and EV.Guide with respect to the Products. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to ProductsOur Products may change over time, as we continue our attempt to improve the experience for our users. EV.Guide reserves the right to remove, discontinue or suspend any part of the Products. We may introduce new features and content, and/or impose new limits on existing features and content. We may restrict access to certain content or features at any time and for any reason, in our sole discretion, and without notice.
Changes to TermsEV.Guide reserves the right, in its sole discretion, to change the Terms under which the Products are offered. The most current version of the Terms will supersede all previous versions. EV.Guide encourages you to periodically review the Terms to stay informed of our updates. If you don't agree with the new Terms, you are free to reject them; unforunately that means you will no longer be able to use the Products. If you use the Products in any way after a change to the Terms is effective, you agree to all of the changes in the Terms.
Contact UsEV.Guide welcomes your questions or comments regarding the Terms:
Conveyance Lab LLC d.b.a EV.Guide
1 Hardy Rd. #1233
Bedford, New Hampshire 03110
Or use the support section of this website to contact us.
Effective as of December 17, 2021