Terms of Use

FLI Charge, Inc.

Website Terms of Use

 

Last Updated: February 2, 2017

 

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

 

These Website Terms of Use (the “Terms of Use”) apply to your access to, and use of, all or any part of the FLI Charge, Inc. (together with its subsidiaries and affiliates, “FLI Charge”) website, www.flicharge.com, and all other Website, mobile Website, services, applications, platforms, and tools where these Terms of Use appear or to which they are linked (collectively, the “Website”). These Terms of use do not alter in any way the terms and conditions of any other agreement you may have with FLI Charge for products, services, or otherwise. This agreement contains disclaimers and other provisions that limit our liability to you.

 

In the event that there is any conflict or inconsistency between these Terms of Use and any other terms of use that appear on the Website, these Terms of Use will govern. However, if you navigate away from the Website to a third party site, you may be subject to alternative terms and conditions of use, as may be specified on such site, which will govern your use of that site.

 

While we make reasonable efforts to provide accurate and timely information about FLI Charge on the Website, you should not assume that the information is always up to date, or that the Website contains all of the relevant information available about FLI Charge.

 

FLI Charge reserves the right to change or modify these Terms of Use or any policy or guideline of the Website, at any time and in its sole discretion. If we make material changes to these Terms of Use, we will inform you by posting a notice on the Website. Any changes or modifications will be effective immediately upon posting the revisions to the Website, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of the Website. If you do not agree to the amended terms, you must stop using the Website.

 

You agree to use the Website only for purposes that are permitted by these Terms of Use, and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.

 

 

Terms of Sale

 

All purchases through the Website are governed by our Terms of Sale. Please refer to our Terms of Sale for the terms, conditions, and policies applicable to your purchase of products from FLI Charge. By ordering products through our Website, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in FLI Charge’s sole discretion, so you should review the Terms of Sale each time you make a purchase.

 

 

Copyright and Limited License

 

Unless otherwise indicated, the Website and all content and other materials therein, including, without limitation, the FLI Charge logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of FLI Charge or its licensors or users and are protected by U.S. and international copyright laws.

 

You are hereby granted a limited, non-sublicensable license to access and use the Website and Site Materials for personal, informational and shopping purposes only. Such license is subject to the Terms of Use and does not include: (a) any resale or commercial use of the Website or Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Website and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Website, the Site Materials or any information contained therein, except as expressly permitted on the Website; or (g) any use of the Website or the Site Materials other than for their intended purpose. Any use of the Website or Site Materials other than as specifically authorized herein, without the prior written permission of FLI Charge, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.

 

 

Digital Millennium Copyright Act (“DMCA”) Notice

 

If you believe any material available via the Website infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

 

FLI Charge, Inc.

Attn: Legal Department

780 Third Avenue, 12th Floor

New York, NY 10017

legal@flicharge.com

 

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

 

If a notice of copyright infringement has been filed against material posted by you on the Website, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification complies with the requirements of 17 U.S.C. §512(g)(3). If FLI Charge receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.

 

In accordance with the DMCA and other applicable law, FLI Charge has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. FLI Charge may also, in its sole discretion, 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.

 

 

Trademark Information

 

FLI Charge and the FLI Charge logo are trademarks of FLI Charge. All other FLI Charge trademarks, service marks, domain names, logos, and company names referred to on the Website are either trademarks, service marks, domain names, logos, or company names are otherwise the property of FLI Charge or its affiliates or licensors. In countries where any of the FLI Charge trademarks, service marks, domain names, logos, or company names are not registered, FLI Charge claims other rights associated with unregistered trademarks, service marks, domain names, logos, trade name, and company names. Other product or company names referred to on the Website may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, or trade name without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, or trade name. You may contact FLI Charge by sending an email to legal@flicharge.com to request written permission to use trademarks and materials on the Website for purposes other than stated in these Terms of Use, or for all other questions relating to the Website.

 

All rights not expressly granted are reserved.

 

 

Restrictions on Use

 

The Website may include interactive areas in which you or other registered users may create, post, send, or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links, or other items or materials on the Website (“User Content”). By using the Website, you agree not to post, upload, transmit, distribute, store, create, or otherwise publish through the Website any of the following:

 

  1. Unless specifically requested by FLI Charge, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts, or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);

  2. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable, or which threatens our relationships with our employees, partners, customers, or suppliers;

  3. User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;

  4. User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity;

  5. Spam, direct marketing communications, or any unsolicited advertising, promotional materials, or other forms of solicitation or commercial content;

  6. User Content that constitutes, encourages, or provides instructions for a criminal offense, violates the rights of any party, or that creates liability or violates any applicable local, state, national, or international law;

  7. Viruses, spyware, Trojan horses, Easter eggs, or any other harmful, disruptive, or destructive files; and

  8. User Content that violates these Terms of Use, or, in the sole judgment or FLI Charge, is objectionable, restricts or inhibits any other person from using or enjoying the Website, or which damages the image or rights of FLI Charge, other users, or third parties;

You further agree not to (i) use technology or other means to access FLI Charge or the Website or Site Materials that is not authorized by FLI Charge, (ii) use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access FLI Charge or the Website or Site Materials, (iii) attempt to gain unauthorized access to FLI Charge computer networks or user accounts, or (iv) attempt to damage, disable, overburden, or impair FLI Charge servers or networks.

 

FLI Charge does not control, take responsibility for, or assume liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is FLI Charge liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. The interactive areas of the Website are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Website and agree to use the interactive areas at your own risk.

 

If you become aware of User Content that you believe violates these Terms of Use (with the exception of copyright infringement, which is addressed in the Digital Millennium Copyright Act Notice section of these Terms of Use), you may report it by emailing legal@flicharge.com. Enforcement of these Terms of Use, however, is solely in our discretion, and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms of Use in other instances. In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Website will not contain any content that is prohibited by these Terms of Use. Although FLI Charge has no obligation to screen, edit, or monitor any of the User Content posted on the Website, FLI Charge reserves the right, and has absolute discretion, to remove, screen, or edit any User Content on the Website at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any User Content you post or store on the Website at your sole cost and expense.

 

If you are viewing the Website on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Website and the computer system you are using to prevent unauthorized User Content.

 

 

License to User Content

 

You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content, have the lawful right to distribute and product such User Content, or otherwise have the right to grant the rights to FLI Charge that you grant herein. FLI Charge claims no ownership or control over any User Content, except as otherwise provided herein, on the Website or in a separate agreement. However, by submitting or posting User Content on the Website, you grant FLI Charge and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license, or sub-license the User Content, and your name and likeness provided in connection with such use of your User Content. By posting User Content, you hereby release FLI Charge and its agents and employees from any claims that such use, as authorized above, violates any of your rights, and you understand that you will not be entitled to any compensation for any of your User Content.

 

 

Submission of Ideas

 

Separate and apart from the User Content you provide, you may submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about FLI Charge, our Website and our products (collectively, “Ideas”). Ideas, whether posted to the Website or provided to FLI Charge by email or otherwise, are entirely voluntary, non-confidential, gratuitous, and non-committal. FLI Charge shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Please do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them.

 

 

Your Account

 

If you create an account on the Website, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and/or password. We will never ask you to send your Website password or other sensitive information to us in an e-mail. If you believe that someone else has obtained access to your Website password, please change it immediately. If you believe that an unauthorized access has already occurred or may occur, please report it immediately to legal@flicharge.com. If you are under the age of 18, you may use the Website only with involvement of a parent or guardian. FLI Charge reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

If you are viewing the Website on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Website and the computer system you are using to prevent unauthorized access to your account.

 

 

Links to Website

 

You are granted a limited, non-exclusive right to create text hyperlinks to the Website for noncommercial purposes, provided that such links do not portray FLI Charge in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any obscene, pornographic, sexually explicit, or illegal material, or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use FLI Charge’s logo or other proprietary graphics to link to our Website without or express written permission. Further, you may not use, frame, or utilize framing techniques to enclose any FLI Charge trademark, logo, or other proprietary information, including the images found at the Website, the content of any text, or the layout/design of any page or form contained on a page on the Website, without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of FLI Charge or any third party. FLI Charge makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of websites linking to the Website. Such websites are not under the control of FLI Charge, and FLI Charge is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such website.

 

 

Third Party Content, Products, and Services (including Advertising and Promotions)

 

FLI Charge may provide third party content on the Website (including embedded content) and links to web pages and content of third parties, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse, or adopt any Third Party Content, and the inclusion of any link does not imply affiliation, endorsement, or adoption by FLI Charge of any site or any information contained therein, and FLI Charge can make no guarantee as to its accuracy or completeness. You acknowledge and agree that FLI Charge is not responsible or liable in any manner for any Third Party Content, and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk. When you visit other websites via Third Party Content, or participate in promotions or business dealings with third parties, you should understand that our terms and policies no longer govern, and that the terms and policies of those third party websites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Website.

 

 

Privacy

 

All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Additionally, by using the Website, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

 

 

Limited Warranty

 

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FLI CHARGE NOR ANY PERSON ASSOCIATED WITH FLI CHARGE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER FLI CHARGE NOR ANYONE ASSOCIATED WITH FLI CHARGE REPRESENTS OR WARRANTS THAT THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

FLI CHARGE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

 

Limitation on Liability

 

To the maximum extent permitted by applicable law, FLI Charge and its officers, directors, employees, shareholders, or agents shall not be liable for any direct, indirect, punitive, or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss of damage arising from or connected in any way to business interruption, whether in tort (including, without limitation, negligence), contract or otherwise, arising out of or in connection with the use of or inability to use the Website, the content or the materials contained in or accessed through the Website, including without limitation any damages caused by or resulting from reliance on a user on any information obtained from FLI Charge, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to FLI Charge’s records, programs, or services. In no event shall the aggregate liability of FLI Charge, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of or inability to use the Website, exceed any compensation you pay, if any, to FLI Charge for access to or use of the Website. Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not apply to you.

 

 

Indemnification

 

You agree to defend, indemnify, and hold harmless FLI Charge, its independent contractors, service providers, and consultants, and their respective directors, officers, employees, agents, parents, subsidiaries, and other affiliates, from and against all claims, suits, damages, costs, liabilities, penalties, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or relating to (a) your use of the Website; (b) any User Content or Ideas that you provide to FLI Charge, (c) your violation of these Terms of Use, (d) your violation of any rights of any third party, or (e) your conduct in connection with the Website. FLI Charge reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.

 

 

Modifications to the Website

 

FLI Charge reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. You agree that FLI Charge will not be liable for any modification, suspension, or discontinuance of the Website or any part thereof.

 

 

Dispute Resolution and Binding Arbitration

 

YOU AND FLI CHARGE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

 

Any claim, dispute, or controversy, whether in contract, tort or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims, between you and either FLI Charge, its agents, employees, successors, assigns, direct and indirect subsidiaries, or any third party providing any products or services to you in connection with your purchase arising from or relating in any way to your purchase of products, these Terms of Use, their interpretation, or the breach, termination, or validity thereof, the relationships which result from these Terms of Use (including relationships with third parties who are not signatories to these Terms of Use), FLI Charge’s advertising, or any related purchase, shall be resolved exclusively and finally by binding arbitration. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision of the Terms of Use is void, voidable, or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or a substitute forum if both are unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Notwithstanding the foregoing, you may assert claims in a small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use.

 

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR FLI CHARGE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration clause is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).

 

The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Information on AAA or JAMS and their applicable rules are available at the following numbers and URLs: American Arbitration Association, (800) 778-7879, www.adr.org; JAMS, (800) 352-5267, www.jamsadr.com.

 

 

Applicable Law and Jurisdiction

 

Access to and use of this Website and these Terms of Use are governed the Federal Arbitration Act, U.S. federal law and/or the laws of the State of New York, without resort to conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

 

FLI Charge controls and operates this Website from its headquarters in the United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws.

 

 

Termination

 

Notwithstanding any of these Terms of Use, FLI Charge reserves the right, without notice and in its sole discretion, to terminate your license to use the Website and to block or prevent your future access to and use of the Website. FLI Charge’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

 

 

Severability

 

If any provision of these Terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

 

 

Notice to California Residents

 

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

 

The provider of the Website is FLI Charge, Inc., 780 Third Avenue, 12th Floor, New York, NY 10017.

 

To file a complaint regarding the Website or to receive further information regarding use of the Website, send a letter to the above address, or contact FLI Charge via e-mail (legal@flicharge.com, with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

 

 

Contact Us

 

Please feel free to contact us with any comments, questions, or suggestions you might have regarding the information described in the Website.

 

You may contact us at:

 

FLI Charge, Inc.

780 Third Avenue, 12th Floor

New York, NY 10017

(212) 309-7549

legal@flicharge.com