Qmerit Terms of Use

Last Updated: May 1, 2019

USE OF THE QMERIT WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.

PLEASE READ THESE TERMS CAREFULLY

Please read the following Terms of Use carefully before using _______________ (the “Website”) and the services available through the Website (the “Services”). By accessing or using this Website or any of the Services, you agree to all of the terms and conditions set forth below. You should review these terms and conditions regularly as they may change at any time at our sole discretion. If you do not agree to any term or condition, you should not access or otherwise use this Website. Your continued use of the Website and any Services means you accept and agree to be bound by the modified Terms of Use.

  1. We Provide Our Website For Your Convenience Only

Our Website is provided to you 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 who has demonstrated certain competencies for the installation of specified consumer products in your home (anInstaller”).  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 (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 Installer featured on this website. 

By merely providing access to our Content, neither we nor the Program Sponsor warrant or represent that:

  • any particular Installer is the most qualified to perform installation services;
  • any statements made by Installer are true;
  • the pricing quoted by Installer is competitive;
  • the Content is accurate or complete;
  • the Content is up-to-date or current;
  • we have a duty to update any Content;
  • the Content is free from technical inaccuracies or errors;
  • your access to our Website will be free from interruptions, errors, computer viruses or other harmful components.

For purposes of this agreement, “Content” refers to documents, images, graphics, logos, design, audio, video and any other information provided from or on this website, including the identity, contact information and related content and/or links posted by any of the Installers presented on this Website.

  1. How You Can Access the Website

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.

Provided you comply with these terms and conditions, you are hereby granted a nonexclusive, nontransferable, nonsublicensable right to access and use the Website and any available Services for your personal use. You agree not to reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Website or Services or any of its Content for any purpose except for your personal use and as described in this Terms of Use. 

  1. You Are Responsible for the Installer You Hire

While we designate certain service providers as Installers once those service providers submit evidence of having met specific criteria set by us or our Program Sponsor, we do not endorse and are not 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, a Installer or any other third party.  We also may, at our option, conduct a background check on an Installer’s personnel, or request a statement from the Installer that they have recently conducted background checks on their personnel, 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 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 4.

  1. We Provide Our Website “As Is,” Disclaim All Warranties and Limit Our Liability

OUR CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT ASSUME ANY LIABILITY OF ANY KIND RELATED TO YOUR USE OF THE WEBSITE OR THE SERVICES.  IN OTHER WORDS, YOU USE OUR WEBSITE AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE OR OUR PROGRAM SPONSORS (“RELEASED PARTIES”) BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS INCLUDES DAMAGES CAUSED BY OR RELATED TO (A) ANY DELAY; (B) FAILURE OF ANY PARTY TO APPEAR; (C) SERVICES THAT NEED TO BE RESCHEDULED, OR WHICH EXTENDS FOR LONGER THAN ORIGINALLY QUOTED OR FOR A HIGHER AMOUNT THAN ORIGINALLY QUOTED OR CONTRACTED; (D) CLAIMS FOR 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 A 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. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF ANY USER, INCLUDING INSTALLERS.  IN NO EVENT WILL WE OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES OR PROGRAM SPONSORS (“RELEASED PARTIES”) BE HELD LIABLE FOR ANY NEGLIGENT, TORTUOUS OR ILLEGAL CONDUCT OF INSTALLERS OR OTHER USERS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.  WITH RESPECT TO DIRECT DAMAGES RELATED TO THESE TERMS OF USE, THE LIABILITY FOR SUCH DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE. 

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 INTERACTIONS OR DEALINGS WITH INSTALLERS. 

  1. About the Information You Provide

We do not want to receive confidential or proprietary information from you through our Website. You should only transmit information necessary for you to make contact with any Installer from whom you wish to receive a quotation, or whom you would like to have contact you directly. If you transmit to or post on our Website any material, data, information or idea by any means, it will be shared with Installers with whom you are interacting. This includes any Personally Identifiable Information (“PII”) you provide to us. For more information on how we handle PII, please see our Privacy Policy.  With regard to any content you submit to us which is not your PII (“User Content”), you agree that:

  • you grant to us a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, publicly display, create derivative works from, and incorporate into other works any User Content, and further acknowledge that this license cannot be terminated by you once such User Content is submitted to the Website;
  • you own or have secured all legal rights and consents necessary for the User Content;
  • if these features are enabled, you are solely responsible for your reviews and ratings, and that all of your reviews and ratings are based upon your actual first-hand experiences with the Installer(s) you are reviewing or;
  • if these features are enabled, all of your reviews and ratings of the Installer that you are rating will be accurate, honest, truthful, and complete in all respects;
  • you will not post or transmit from our Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law;
  • you have not received any form of compensation to post reviews and ratings; and
  • we may, in our sole discretion, determine whether any User Content complies with the Code of Conduct set forth below, and determine whether to remove or not to remove reviews and ratings once published in accordance with such Code of Conduct.

 

  1. Code of Conduct While Using the Website

With regard to your use of the Website, you agree not to:

  • intentionally or unintentionally violate these Terms of Use, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
  • use the Website in any manner that violates any relevant law or that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
  • use the Website or its Content for any purposes not authorized by this Terms of Use, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
  • harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
  • knowingly provide or submit false or misleading information;
  • attempt to gain unauthorized access to the Website, other user accounts, or other computer systems or networks connected to the Website, or any other systems or networks connected to hacking, password 'mining' or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other user;
  • transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines; or
  • probe, scan or test the vulnerability of the Website, nor breach the security or authentication measures on the Website. You may not reverse look-up, trace or seek to trace any information on any other user, or exploit the Website in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by this Terms of Use.
  1. We Do Not Have Responsibility for Links to Third Party Content

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.

  1. If We Provide a Link, We Do Not Necessarily Endorse Any Third Party

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.

  1. If a Third Party Links to Our Website, It is Not An Endorsement

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:

  • May link to, but not replicate, our Content
  • Should not create a browser, border environment or frame our Content
  • Should not imply that we are endorsing it or its products
  • Should not misrepresent its relationship with us
  • Should not present false information about our products or services
  • Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.

 

  1. Your Use of Our Website is Restricted

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, shall be exclusively owned by Qmerit.

No Content from www.qmerit.com, www.qmeritcharging.comor 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:

  • you obtain written permission from us to waive these restrictions;
  • you may download one copy of the content on a single computer for informational, non-commercial and personal use only, provided you keep intact all copyright and other proprietary notices and do not modify, and will not copy or post, the content on any network computer or broadcast in any media.

Violation of these restrictions is expressly prohibited by law. If you violate these restrictions, you may be subject to civil and criminal penalties. If we grant you permission to waive these restrictions, the permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded materials and printed materials.

The following is a non-exclusive list of registered and non-registered 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.

  1. By Providing Content, We Do Not Allow You to Use Our Servicemarks

The 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 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.

  1. You Must Obey Local Laws in Accessing Our Website

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.

  1. Handling of Copyright Claims

In accordance with Section 5, you are responsible for ensuring that User Content you post on our Website does not infringe on the rights of any copyright owned by any other person or entity.   We will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if we are properly notified that the Content infringes the copyright of any other person or entity in accordance with the procedures set forth in this section.  If you were the one who posted the Content, you will be notified and we shall take the other steps set forth in these Terms of Use, which can include termination of your account and/or a demand that you indemnify us for any claims that may arise from your infringing post. 

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: 

  • Identify in sufficient detail the copyrighted work(s) (“Work”) that you believe has been infringed upon (i.e., describe the work that you own).
  • Provide us with information reasonably sufficient to locate the Work, or describe where you saw it posted.
  • Provide a reasonably sufficient method of contacting you. A phone number and email address would be preferred.
  • Provide information that you have, if any, sufficient for us to notify the user(s) who posted the Content that allegedly contains the infringing Work. You may also provide screenshots or other materials that are helpful to identify the Work in question. This information is optional, but does help us to resolve issues addressed by your notification.
  • Include the following statement: "I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law."
  • Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." You must also sign the notification.

This notification must be mailed to our designated Copyright Agent at Qmerit:

            Qmerit, Inc.

            Attn: Copyright Agent

            111 Pacifica, Suite 200

            Irvine, California 92618

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: 

  • List any items, whether copyright or not (“Item”) that were removed by us, and the location(s) the Item appeared before it was removed. Please identify the object in sufficient detail for us to determine its prior location.
  • Provide your name, address, telephone number, email address (if available).
  • State that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside (or the Central District of California, if your address is outside of the United States).
  • State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.
  • State the following: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled." You must also sign the notification.

This notification must be mailed to our designated Copyright Agent at Qmerit, at the address above. On receiving a valid counter-notification, we generally restore the Content in question, unless it is Content that would normally have been deleted under these terms.  If we receive notice from the person providing the original notification that a legal action has been filed seeking a court order to restrain the alleged infringement, we will remove the Work until we receive notice of a dispositive resolution of the issue.

We will also provide counter-notifications to the person making the DMCA claim. Regardless of whether or not we reinstitute the Work in question, the person making the claim may elect to file a lawsuit against you for copyright infringement.

  1. You Agree to Indemnify Us for Using Our Website

By accessing this website, you agree to indemnify, defend and hold harmless Qmerit, its officers, directors, employees, agents, licensors, suppliers, Program Sponsors and any third party information providers (“Indemnified Parties”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees (“Claims”), resulting from or related to (a) any violation of these Terms of Use by you; (b) User Content submitted by you; and (c) the services you received from any Installer.  Qmerit shall have sole control of the defense of any such Claim. 

  1. Third Parties May Have Rights Under This Agreement

Some of the provisions of these Terms of Use are for the benefit of Qmerit and its officers, directors, employees, agents, licensors, and suppliers, as well as a Program Sponsors. You acknowledge that each of these individuals or entities, including any party designated as a Released Party or Indemnified Party, shall have the right to assert and enforce those provisions directly against you on its own behalf, and such parties shall be intended third party beneficiaries of these Terms of Use.

  1. How This Agreement May Be Terminated

These Terms of Use may be terminated by either party without notice at any time for any reason provided that you may no longer use our Website after you have terminated these Terms of Use. Provisions 3, 4, 7, 8, 9 and 12-19 of these Terms of Use shall survive any termination.

  1. Notices May Be Provided Electronically

By use of the Website, you consent to receive electronic communications from us via email or directly to your account, and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that we may communicate any notices to you under these Terms of Use, through electronic mail, regular mail or posting the notices on the Website. All notices to us will be provided by either sending: (i) an email to __________________; or (ii) a letter, first class certified mail, to Qmerit, Inc., 111 Pacifica, Suite 200, Irvine, California 92618; Attn: User Services. Notices sent by mail will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent. 

  1. Applicable Law

Any claims relating to our Website and its Content shall be governed by the laws of the State of California without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between us for any purpose concerning these Terms of Use or the parties’ obligations shall be brought exclusively in a federal or state court in Orange County, California, and you hereby agree and consent to such exclusive jurisdiction and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court; provided, however, that we may elect, in our sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.  If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.

  1. Miscellaneous

These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms of Use, including, without limitation, the Privacy Policy, constitutes the entire agreement between us and supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Qmerit regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers. These Terms of Use are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate this agreement and all rights and obligations hereunder without consent. No joint venture, partnership, employment or agency relationship exists between us as a result of these Terms of Use or use of the Website. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use.