fbpx

Terms of Use

CHARGED ELECTRIC VEHICLES MAGAZINE TERMS OF USE

Last updated: May 8, 2020

These Terms of Use govern your use of and access to all of the products, services, and websites (the “Services”) provided by Electric Vehicles Magazine, LLC (“ChargedEVs,” “we,” “our,” or “us”), including, without limitation: the website (www.chargedevs.com) (the “Website”); the information, content, materials, products, and services, including but not limited to our digital magazine, made available on or through the Services; and events, offers, and communication forums, including webinars and virtual conferences.  

These Terms will remain in full force and effect as long as you use the Services. We encourage you to read these Terms carefully. By accessing or using the Services, you acknowledge that you have read and agree to be bound by these Terms and the Privacy Policy, which is incorporated herein by reference. Being exposed to advertising is a condition of accessing the Services. ChargedEVs reserves the right to update these Terms at any time without notice to you. Your continued access to and use of the Services after such updates are effective is your acknowledgment and agreement to such modifications.

1. Eligibility

In order to use and access the Services, you must be 18 years or older, and you must have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. You also represent that any information you submit to us or the Services is true, accurate, current, complete, and lawful.

You may not use or access the Services if we have previously suspended or removed you from the Services, or if your registration or your use of the Services is not in compliance with any and all applicable laws or these Terms. Also, you may not use the Services if your use would cause us to violate any applicable laws or regulations.

2. Personal and Non-Commercial Use

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, or other material obtained from or made available on the Services.

3. Prohibited Uses

You may not use the Services for any of the following:

  • reproducing, duplicating, copying, selling, reselling, publishing, performing, licensing, uploading, posting, transmitting, distributing or otherwise exploiting for any purpose, any portion of, functionality of, or access to the Services, except for your own, personal non-commercial use;
  • selling or renting any part of the Services, any derivative works based in whole or in part on the Services, or any collective work that includes any part of the Services;
  • using the Services in violation of any and all applicable laws, rules, and regulations;
  • reverse engineering, modifying, altering (including by removing or disabling any security or technological safeguards, disclaimers, or legends), any portion of, functionality of, or access to the Services;
  • deleting the copyright or other proprietary rights notices on the Services;
  • modifying, adapting, translating or creating derivative works based upon the Services, unless you have our prior written consent;
  • removing, circumventing, disabling, damaging or otherwise interfering with security-related features of the Services, features that prevent or restrict use or copying of any Services, or features that enforce limitations on the use of the Services; or
  • intentionally interfering with or damaging the operation of the Services or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

Any violation of these Terms may result in the immediate termination of your account, use, or access to the Services.

4. Communicating With Us and Other Users

We may allow you to communicate with us or other users or participants of the Services, such as through e-mail, webinars and virtual conferences, chat forums, other forums, and/or other message or communication facilities (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are consistent with these Terms.  Specifically, you agree that you will not:

  • publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
  • upload, or otherwise make available, content or information protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consent to do the same;
  • harvest, scrape, or otherwise collect information about other users or participants of the Services, including e-mail addresses;
  • create a false identity for the purpose of misleading others;
  • use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof; or
  • use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise), or to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

We have no obligation to monitor the Communication Services. However, we reserve the right to review and remove any content, material, or information you post to the Communication Services in our sole discretion, whether or not it violates these Terms. We reserve the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Always use caution when giving out any personally identifiable information about yourself or your children on any Communication Services. ChargedEVs does not control and does not endorse the content, messages or information found in any Communication Service and, therefore, ChargedEVs specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.

Your use of the Communications Services, and any information that you submit to the Communication Services, is subject to our Privacy Policy. We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion, with or without notice to you.

5. SPONSORED CONTENT / WEBINARS / VIRTUAL CONFERENCE / WHITEPAPERS

We may make available to you certain information, content, and materials (“Content”) via the Website, webinars or virtual conferences, or via sponsored whitepapers that we publish on the Services. We permit you to use the Content from the Services, provided that (1) you do not alter, remove, or modify any copyright or other intellectual property notices contained, printed on, or otherwise associated with such Content; (2) you use the Content solely for informational and non-commercial or personal use; and (3) you do not modify any of the Content. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.  

CHARGEDEVS AND/OR ITS SPONSORS, SUPPLIERS, OR CONTENT-PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICES, THE INFORMATION OR CONTENT CONTAINED IN THE SERVICES, AND RELATED INFORMATION PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CHARGEDEVS AND/OR ITS SPONSORS, SUPPLIERS, OR CONTENT-PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL CHARGEDEVS AND/OR ITS SPONSORS, SUPPLIERS, OR CONTENT-PROVIDERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOST PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OR INFORMATION AVAILABLE FROM THE SERVICES.

THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHARGEDEVS AND/OR ITS SPONSORS, SUPPLIERS, OR CONTENT-PROVIDERS WILL NOT BE LIABLE FOR ANY DELAYS, INACCURACIES, ERRORS, OR OMISSIONS IN OR ON THE SERVICES, OR IN THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF, OR FOR ANY DAMAGES ARISING THEREFROM. CHARGEDEVS AND/OR ITS SPONSORS, SUPPLIERS, OR CONTENT-PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES AT ANY TIME, WITHOUT PENALTY OR NOTICE TO YOU.

Webinars, virtual conferences, sponsored whitepapers, and certain other features or portions of the Services (each, a “Sponsored Service,” and collectively, the “Sponsored Services”) may be sponsored by third parties (“Sponsors”). In connection with this sponsorship, ChargedEVs provides a list of attendees, participants, or users of such Sponsored Services to the Sponsors. This list includes information such as names, titles, organizations, email addresses, and countries. If you do not wish for your information to be passed along to Sponsors, you should not register for, use, or access Sponsored Services.

6. PAYMENT POLICY

You are able to take advantage of many ChargedEVs products, services, and websites free of charge. However, ChargedEVs reserves the right to introduce or modify the fees for the Services or certain parts or features of the Services, including, but not limited to subscription fees, webinar registration fees, and downloadable content fees, at any time; provided, however, that we will notify you in advance if the price of a product or service changes from what was stated at the time of your order, and the price introduction or change will not go into effect until the expiration of your current billing cycle. If we change the price of a product or service, and you are currently paying for the product or service under different terms, you will not receive a refund or additional charge.

You will pay all fees and charges incurred through your account or registration at the rates in effect for the billing cycle or term in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service providers. Any fees and charges relating to your use of the Services through your account will be billed to and paid for by you. You will pay all applicable taxes relating to use of the Services, and recognize that any fees to third parties that may be required for you to receive the Services (such as mobile data plans and text-message charges) are not included in the cost of the Services.

Unless explicitly stated otherwise, all fees and charges are nonrefundable.

Unpaid Charges

If your payment method is otherwise invalid, your access to and use of the Services will not automatically be terminated. You will remain responsible for all charges.

You will be responsible for all costs we incur in connection with the collection of unpaid amounts, including court costs, attorneys’ fees, collection agency fees and any other associated costs.

7. SUBSCRIPTIONS

Your subscription will auto-renew at the end of the cycle stated at the time of your order (“Billing Period”) unless and until you cancel your subscription, or we terminate it.  You will not receive a notice from us that your subscription has auto-renewed. We will charge the subscription fee at the commencement of your subscription and automatically on the first calendar day of each Billing Period thereafter unless and until your subscription is cancelled.

By placing an order for a subscription, you authorize us to charge you the subscription fee then in effect at the beginning of each Billing Period, plus applicable taxes, to the payment method (“Payment Method”) you provide when you place your order. You acknowledge that the amount charged each Billing Period may vary for reasons that may include price changes, changing your subscription, or changes in applicable taxes, and you authorize us to charge your Payment Method for such varying amount each Billing Period.  If your Payment Method is declined for a recurring payment of your subscription fee, you have four (4) days to provide us a new Payment Method or your subscription will be canceled.

You may request to cancel your subscription at any time. When you cancel a subscription, you cancel only future charges associated with your subscription. The cancellation will become effective at the end of your current Billing Period. You will not receive a refund for the current billing cycle. You will continue to have the same access and benefits of your subscription for the remainder of the current Billing Period.

We reserve the right to suspend or terminate your subscription for any reason, with or without notice and without further obligation. You will not be entitled to a refund in these circumstances. If any part or all of our Services are temporarily unavailable, including but not limited to your subscription, you will not receive a refund. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

8. International Use

We operate the Services in the United States, which means that if you choose to access our Services from a location outside the United States, you acknowledge and consent to the collection, transmission, use, storage, and processing of your personal information in the United States. You agree you are solely responsible for complying with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Services to the extent such laws are applicable.

9. Privacy

Our Privacy Policy governs your use of and access to the Services.

10. Intellectual Property

Copyright

All content and functionality on the Services, including Content, visual interfaces, text, graphics, logos, design, information, icons, images, services, content, videos, downloadable or supplementary materials, and all other elements of the Services, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to, or selection, arrangement, or derivative works thereof (the “Services Materials”) is the exclusive property of ChargedEVs or its licensors and, to the extent applicable, is protected by U.S. and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights.

You may download or copy the Services Materials and other downloadable items available on or through the Services solely for your personal use, provided that you maintain all copyright and other notices contained therein.

Trademark

The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Services are the registered and unregistered Trademarks of ChargedEVs and its licensors. You agree that, except as expressly permitted by us or by our licensors, where applicable, you will not use ChargedEVs’s Trademarks for advertising or promotion purposes, and that you will not imply any endorsement by or relationship with ChargedEVs or its licensors.

Your Content

Unless you have a specific agreement with us stating otherwise, ChargedEVs does not claim ownership of the content or materials you provide to us or post, upload, input, or submit to the Services (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting (“Posting”) your Submission, you grant ChargedEVs, its affiliated companies and necessary sublicensees a worldwide, royalty-free, irrevocable, fully paid-up, transferable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, the Submission, including, without limitation, to promote, market and provision the Services and to contact you regarding the Services. You are solely responsible for your Submission(s) and the consequences of Posting, transmitting or distributing them. 

ChargedEVs has no obligation to pay you for the use of your Submission under these Terms. ChargedEVs has no obligation to post or use any Submission you may provide, and ChargedEVs may remove any Submission at any time in its sole discretion.

By Posting a Submission, you warrant and represent that (a) you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission, and (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms.  

11. Third-party Websites

The Services may include links or references to third-party web sites, products, or services solely as a convenience to you (“Third-Party Sites”). The inclusion of any link or references does not imply our endorsement of any such Third-Party Site. These links or references may let you leave the Website and visit a Third-Party Site. Third-Party Sites are not under our control, and we are not responsible for the contents, information, materials, products, or services of any Third-Party Site, or any link contained in a Third-Party Site, or any changes or updates to such Third-Party Sites. Your access to and use of Third-Party Sites, including the information, materials, products, or services on or available through those Third-Party Sites, is solely at your own risk and may be governed by different terms of use and privacy policies.

12. Third-Party Services and Promotions

We use third-party service providers (“Third-Party Service Providers”) to help us provide the Services to you. For example, when you register for, participate in, or access an event, webinar, or virtual conference; download a whitepaper or other Content on the Services; or sign up for or purchase a subscription to our print or digital magazine, you may be required to provide information to a Third-Party Service Provider. You understand and acknowledge that the information you provide to a Third-Party Service Provider is governed by that Third-Party Service Provider’s privacy policy and terms of use, and ChargedEVs is not responsible for the products or services that the Third-Party Service Provider provides to you. We may, in our sole discretion, for any or no reason and without penalty or notice to you, suspend or terminate our relationship with any Third-Party Service Provider.

We sometimes may offer contests, sweepstakes, or promotions (“Promotions”) that are sponsored by or co-sponsored with certain third parties.  By virtue of their sponsorship, these third parties may request personally-identifiable information from you in order for you to participate in a Promotion. ChargedEVs has no control over the third-party sponsors’ use of this information. For certain Promotions, only users who provide us with the requested information will be able to order products, programs, and services, or otherwise participate in a Promotion’s activities and offerings.

13. Account and Registration Information

Some of the Services may require you to create an account and/or password (“Login Credentials”). You are solely responsible for maintaining the accuracy, truthfulness, completeness, and confidentiality of, and you agree to accept responsibility for all activities that occur under, your Login Credentials. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you agree to immediately notify us. You may be liable for any losses we or others incur as a result of unauthorized use of your Login Credentials. We may, in our sole discretion, for any or no reason and without penalty or notice, suspend or terminate your account, or discontinue providing access to all or any part of the Services. If we terminate your account or your right to use the Services, you agree that we will not be liable to you or any third party for any such termination. You may terminate these Terms at any time going forward by deleting your account with the Services and discontinuing use of any and all parts of the Services.

14. Indemnification

You agree, to the extent permissible under your jurisdiction’s laws, to indemnify, defend, and hold harmless ChargedEVs and its parent, successors, affiliated companies, contractors, officers, directors, employees, agents and its third-party suppliers, licensors, and partners (the “ChargedEVs Parties”) from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand relating to or arising out of (i) your access to, use or misuse of the Services; (ii) your breach or alleged breach of these Terms, or any violation of the Terms, including any breach of the representations, warranties, and covenants made herein; or (iii) your failure to comply with applicable laws, including the infringement of any intellectual property, privacy, or other right of any person or entity by you or any third-party acting on your behalf. ChargedEVs reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding when we become aware of it.

15. Disclaimer

THE SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ACKNOWLEDGE THAT ANY RELIANCE UPON THE SERVICES ARE ENTIRELY AT YOUR SOLE OPTION AND RISK. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHARGEDEVS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR BE TO YOUR LIKING, OR THAT INFORMATION OFFERED ON OR THROUGH THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. CHARGEDEVS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON THIRD-PARTY SITES OR PROVIDED BY THIRD PARTIES. CHARGEDEVS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY. THE ABOVE EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

ChargedEVs does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider, or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information is at your sole risk.

16. Limitation of Liability

IN NO EVENT WILL CHARGEDEVS OR THE CHARGEDEVS PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, LOSS OF USE, DAMAGED EQUIPMENT OR MATERIALS, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER), LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES, OR YOUR INTERACTION WITH OTHER USERS OF THE SERVICES (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT, IF ANY, YOU PAID TO CHARGEDEVS FOR ACCESSING THE SERVICES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE CHARGEDEVS PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO CHARGED’S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU.

17. Miscellaneous

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any part of the Terms will be effective only with our written, signed consent. These Terms are governed by and construed in accordance with the laws of the State of Florida without reference to the principles of conflicts of laws thereof. Venue for any legal proceedings will be in Pinellas County, Florida.  If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. You will not transfer or assign any of these Terms, including any of the rights or licenses we grant to you. We may assign these Terms without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void. Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 3, 5, and 8 through 17. These Terms use heading references, which are not a part of the Terms and should not be deemed to limit or affect any of the provisions in these Terms. The Terms and the Privacy Policy constitute the entire agreement between you and ChargedEVs relating to the subject matter herein and will not be modified except by a change to the Terms or Privacy Policy made by us according to these Terms.