{"id":80,"date":"2022-10-05T16:18:44","date_gmt":"2022-10-05T21:18:44","guid":{"rendered":"https:\/\/evthing.com\/?page_id=80"},"modified":"2023-12-19T18:52:35","modified_gmt":"2023-12-20T00:52:35","slug":"terms-of-use","status":"publish","type":"page","link":"https:\/\/evthing.com\/terms-of-use\/","title":{"rendered":"Terms of Use"},"content":{"rendered":"<style>.kb-row-layout-id80_0452ba-8a > .kt-row-column-wrap{align-content:start;}:where(.kb-row-layout-id80_0452ba-8a > .kt-row-column-wrap) > .wp-block-kadence-column{justify-content:start;}.kb-row-layout-id80_0452ba-8a > .kt-row-column-wrap{column-gap:var(--global-kb-gap-md, 2rem);row-gap:var(--global-kb-gap-md, 2rem);max-width:var( --global-content-width, 1290px );padding-left:var(--global-content-edge-padding);padding-right:var(--global-content-edge-padding);padding-top:25px;padding-bottom:75px;grid-template-columns:minmax(0, 1fr);}.kb-row-layout-id80_0452ba-8a > .kt-row-layout-overlay{opacity:0.30;}@media all and (max-width: 1024px){.kb-row-layout-id80_0452ba-8a > .kt-row-column-wrap{grid-template-columns:minmax(0, 1fr);}}@media all and (max-width: 767px){.kb-row-layout-id80_0452ba-8a > .kt-row-column-wrap{grid-template-columns:minmax(0, 1fr);}}<\/style><div class=\"kb-row-layout-wrap kb-row-layout-id80_0452ba-8a alignnone wp-block-kadence-rowlayout\"><div class=\"kt-row-column-wrap kt-has-1-columns kt-row-layout-equal kt-tab-layout-inherit kt-mobile-layout-row kt-row-valign-top kb-theme-content-width\">\n<style>.kadence-column80_f1ed0b-e2 > .kt-inside-inner-col{padding-right:55px;padding-left:55px;}.kadence-column80_f1ed0b-e2 > .kt-inside-inner-col,.kadence-column80_f1ed0b-e2 > .kt-inside-inner-col:before{border-top-left-radius:0px;border-top-right-radius:0px;border-bottom-right-radius:0px;border-bottom-left-radius:0px;}.kadence-column80_f1ed0b-e2 > .kt-inside-inner-col{column-gap:var(--global-kb-gap-sm, 1rem);}.kadence-column80_f1ed0b-e2 > .kt-inside-inner-col{flex-direction:column;}.kadence-column80_f1ed0b-e2 > .kt-inside-inner-col > .aligncenter{width:100%;}.kadence-column80_f1ed0b-e2 > .kt-inside-inner-col:before{opacity:0.3;}.kadence-column80_f1ed0b-e2{position:relative;}@media all and (max-width: 1024px){.kadence-column80_f1ed0b-e2 > .kt-inside-inner-col{flex-direction:column;}}@media all and (max-width: 767px){.kadence-column80_f1ed0b-e2 > .kt-inside-inner-col{padding-right:25px;padding-left:25px;flex-direction:column;}}<\/style>\n<div class=\"wp-block-kadence-column kadence-column80_f1ed0b-e2 inner-column-1\"><div class=\"kt-inside-inner-col\"><style>.wp-block-kadence-advancedheading.kt-adv-heading80_9f03f8-1b, .wp-block-kadence-advancedheading.kt-adv-heading80_9f03f8-1b[data-kb-block=\"kb-adv-heading80_9f03f8-1b\"]{text-align:center;font-style:normal;}.wp-block-kadence-advancedheading.kt-adv-heading80_9f03f8-1b mark, .wp-block-kadence-advancedheading.kt-adv-heading80_9f03f8-1b[data-kb-block=\"kb-adv-heading80_9f03f8-1b\"] mark{font-style:normal;color:#f76a0c;padding-top:0px;padding-right:0px;padding-bottom:0px;padding-left:0px;}<\/style>\n<h2 class=\"kt-adv-heading80_9f03f8-1b wp-block-kadence-advancedheading\" data-kb-block=\"kb-adv-heading80_9f03f8-1b\">Terms of Use<\/h2>\n\n\n\n<p>Last updated: October 4, 2023<\/p>\n\n\n\n<p>IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS Property, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with any of the terms that follow or do not agree to be bound by all such terms, do not use this Service.<\/p>\n\n\n\n<p>Welcome and thank you for using this Service provided by The EVThing. or its subsidiaries or affiliates (\u201cCompany,\u201d \u201cwe,\u201d \u201cus,\u201d or \u201cour\u201d). These Terms of Use are a legally binding agreement between you and The EVThing and govern your use of our online, digital, or mobile services, including our websites, software, applications, games, and any of our other products and services in connection with which these Terms of Use are posted or from which they are linked (collectively, the \u201cService\u201d).<\/p>\n\n\n\n<p>Certain aspects of the Service may be subject to additional terms and conditions, which may include, among other things, particularized age requirements, codes of conduct, sweepstakes and contest rules, and payment or subscription terms (collectively, \u201cAdditional Terms\u201d). When Additional Terms are made available in connection with any aspect of the Service, those Additional Terms also apply to your use of that aspect of the Service and control in the event of a conflict with these Terms.<\/p>\n\n\n\n<p>By accessing or using the Service, you agree to be bound by these Terms and any applicable Additional Terms (which are incorporated herein by reference) and acknowledge our collection and use of your information as described in the Privacy Policy(ies) applicable to the Service (\u201cPrivacy Policy\u201d). If you do not wish to be bound by these Terms or Additional Terms, do not access or use the Service.<\/p>\n\n\n\n<ol>\n<li><strong>Changes to these Terms<\/strong><br>We reserve the right, in our sole discretion, to modify these Terms (including applicable Additional Terms) from time to time. You agree that we may notify you of modified terms or policies by posting them on the Service, and agree that your continued use of the Service after such notice constitutes your agreement to the modified terms, which will govern your ongoing use of the Service. Thus, you should review the posted Terms of Use and applicable Additional Terms each time you use the Service. Any modifications to these Terms will supersede the prior version for all activity occurring after the revised version has been made available.<br><\/li>\n\n\n\n<li><strong>Your Representations<\/strong><br>By accessing, previewing, or otherwise using the Service in any manner, you represent and warrant that you have sufficient legal capacity to enter into this Agreement or, if you lack such capacity (for instance, if you are a minor), that you have obtained parental or guardian consent to do so. You represent and warrant that you have read, understand, and agree to abide by these Terms and any applicable Additional Terms, and that you have read, understand the data collection and use practices set forth in the Privacy Policy.<br><\/li>\n\n\n\n<li><strong>User Accounts<\/strong><\/li>\n<\/ol>\n\n\n\n<ul>\n<li>Account Creation<br>You may be required or permitted to create user accounts (each an \u201cAccount\u201d) in order to access or use certain aspects of the Service. If you open an Account or otherwise access the Service on behalf of a company, organization, or other entity (a \u201cBusiness User\u201d), then you represent and warrant that you have the authority to also bind the Business User to these Terms, and hereby do so, and both you and the Business User will be responsible for any breach of this Agreement. You acknowledge and agree that you have no ownership or other proprietary interest in any Account. You agree that all of the details you provide in connection with your Account are about yourself or an applicable Business User and not about another individual or entity (whether real or fictitious), and that such details will be maintained by you as correct, current, and complete.<br><\/li>\n\n\n\n<li>Investigations, Suspensions, and Termination<br>You agree that The EVThing has the right, in our sole discretion, to investigate any actual or suspected violation of these Terms and to suspend or terminate your Account and refuse you access to your Account, the Service, or the Content (or any portion thereof) for any reason, including if The EVThing believes the information you provide is not correct, current, or complete, or that you have otherwise violated this Agreement or any applicable law. You agree that The EVThing may report your conduct, activity, or identity to law enforcement or other appropriate authorities, take appropriate legal action against you, respond to subpoenas or other requests for information regarding your Account or use of the Service, or otherwise take action to protect our rights and the rights of any third party. BY ACCEPTING THESE TERMS, YOU WAIVE ANY CLAIMS RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN BY THE EVThing DURING OR AS A RESULT OF THESE INVESTIGATIONS.<br><\/li>\n\n\n\n<li>Account Security<br>You may not use anyone else\u2019s Account at any time and you may not allow anyone else to use your Account at any time. You are responsible for all activity occurring under your Account, including all activities or transactions conducted through the use of your Account. You are responsible for maintaining the confidentiality of your Account username and password, and agree not to disclose your username and password to anyone. You agree not to transfer, resell, or otherwise convey your Account or the right to use your Account to anyone. You agree that The EVThing will not be liable for any loss you may incur as a result of someone else using your Account, either with or without your knowledge. You also agree that any information you provide is offered at your own risk, and that The EVThing cannot guarantee its protection from unauthorized access. If you have reason to believe that your Account is no longer secure, you must: (i) promptly change your password; and (ii) immediately notify us of the problem through our contact page. The EVThing may require you to change your Account username and password.<\/li>\n<\/ul>\n\n\n\n<ol start=\"4\">\n<li><strong>Mobile Devices<\/strong><br>Wireless Charges: You are solely responsible for all charges from your wireless provider including any data and messaging fees that you may incur if you use mobile devices to interact with the Service or to receive communications from The EVThing.<br><\/li>\n\n\n\n<li><strong>Paid Services<\/strong><br>Certain aspects of the Service may require payments. If you use those aspects of the Service, you agree to the applicable pricing and payment terms. Such terms will be displayed in connection with that aspect of the Service requiring payment. The EVThing may update pricing and payment terms at any time and in its sole discretion, with any changes to subscription fees taking effect upon the conclusion of your current subscription term unless otherwise specified. The transaction is with the specific The EVThing entity identified by the aspect of the Service used to make the purchase.<br><br>All payment transactions are administered by a third-party payment processor or third-party store (for example, Stripe). The EVThing expressly disclaims any liability for the processing of any transactions by a third party, including any errors in invoicing or payment processing or any breach in security with respect to your payment information associated with the third-party\u2019s handling of the transaction. The EVThing is not responsible or liable to you for any credit card, bank-related, or other financial service charges and fees related to your transactions. You represent and warrant that all payment information you provide is correct, current, and complete. You agree to pay all applicable charges (including any applicable taxes) billed to your chosen payment method. We reserve the right to refuse or cancel transactions, including due to pricing or other typographical errors.<br><br>All purchases are final and no refunds are available unless otherwise specified in applicable Additional Terms, including where your account is terminated or suspended preventing your access to paid aspects of the Service, such as any remaining subscription terms. Subscriptions have no monetary value and are purchases of only a limited, personal, non-transferrable, non-exclusive, non-sublicensable, non-assignable, and fully revocable license to access portions of the Service. Unless otherwise specified (at initial sign-up or subsequently), subscriptions may renew automatically for up to the initial subscription term at a rate not exceeding the rate for the prior subscription period. If you sign up for a free trial subscription (if available), you will be automatically billed at the then-current rate at the conclusion of the free trial. You may cancel any automatically renewing subscription by using that aspect of the Service you used to set up your subscription, unless another cancellation method is specified in applicable Additional Terms.<br><br>The name and contact information of the service provider is set forth herein in conformance with Cal. Civ. Code \u00a7 1789.3. If you are a California resident, you may report any complaints to the Consumer Information Division of the California Department of Consumer Affairs.<\/li>\n\n\n\n<li><strong>Third-Party Services<\/strong><br>The Service may link to, integrate with, or incorporate third party content, sites, services, or platforms, including advertisers, online merchants, and social networks (collectively, \u201cThird Party Services\u201d). The EVThing does not endorse and is not responsible for Third Party Services, whether in terms of their correctness, accuracy, validity, propriety, reliability, legality, security, or otherwise, and The EVThing disclaims all liability in connection therewith. References to Third Party Services do not imply endorsement of any Third Party Services by The EVThing or any association with its operators. Your dealings with Third Party Services are solely between you and the applicable Third Party Services. To learn more about Third Party Services, consult the Third Party Services\u2019 respective terms of use and privacy policies.<\/li>\n\n\n\n<li><strong>User Content<\/strong><br>From time to time, certain aspects of the Service may invite or otherwise allow you to submit or post a variety of content to the Service, such as text (including comments and reviews), images, videos, music, and other information, either directly to the Service or through a Third Party Service (collectively, \u201cUser Content\u201d). Your User Content remains your own, unless as otherwise may be provided in Additional Terms. Please be aware, however, that User Content is not confidential and may be accessible by other users and the public. Moreover, by submitting or posting User Content to the Service (either directly or through a Third Party Service) you grant The EVThing a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, assignable, unrestricted, worldwide license to use the User Content, together with all consents or waivers including a publicity rights waiver and a waiver of moral rights (if any) in favor of The EVThing necessary to reproduce, distribute, publicly perform, publicly display, transmit, communicate to the public, modify and make derivative works of the User Content, by any means and in all media formats and channels now known or hereafter devised in perpetuity, and to advertise and promote such use, without further notice to, or permission from, you or any other person, and without compensation or reference to you or any other person.<br><br>Please retain copies of all User Content as The EVThing is under no obligation to store or return any User Content to you. Your submission of User Content will not be subject to any obligation of confidentiality, attribution, or otherwise. You are solely responsible for your User Content. The EVThing only acts as a passive conduit for User Content, and will not be liable for any use, disclosure, or exposure of any User Content, including possibly objectionable or offensive User Content, to you, any other user, or any third party. The EVThing is under no obligation to monitor User Content or use of the Service. However, The EVThing has the right to monitor or moderate User Content, in our sole discretion, and to enforce our or a third party\u2019s intellectual property rights in any User Content. The EVThing reserves the right to discard or remove User Content from the Service in its sole discretion and without any liability whatsoever.<br><br>You represent and warrant the following as to your User Content:<\/li>\n<\/ol>\n\n\n\n<ul>\n<li>You have obtained the written consent of every identifiable individual featured in your User Content (or, in the case of minors, consent of the minor\u2019s parent or guardian) to use that person\u2019s name, and\/or likeness (as applicable) in connection with the Service and pursuant to these Terms.<\/li>\n\n\n\n<li>Your User Content does not infringe, violate, or misappropriate any third-party intellectual property rights, including copyrights, trade secrets, or trademarks.<\/li>\n\n\n\n<li>Your User Content, as used in connection with the Service, will not violate any applicable laws or regulations or infringe or violate any rights of a third party, including third-party publicity or privacy rights.<\/li>\n<\/ul>\n\n\n\n<ol start=\"10\">\n<li><strong>Code of Conduct<\/strong><br>You agree that you will not use the Service to upload, post, or otherwise distribute any User Content that:<\/li>\n<\/ol>\n\n\n\n<ul>\n<li>constitutes or promotes illegal activity;<\/li>\n\n\n\n<li>is infringing, libelous, defamatory, abusing, harassing, or threatening;<\/li>\n\n\n\n<li>contains any obscene, pornographic, racist, or otherwise offensive material;<\/li>\n\n\n\n<li>exploits or harms children, directly or indirectly, including by exposing them to inappropriate material or asking them for any personal information;<\/li>\n\n\n\n<li>promotes any commercial activity, including promoting goods or services or soliciting donations, except as may be specifically authorized by applicable Additional Terms;<\/li>\n\n\n\n<li>is subject to confidentiality or non-disclosure obligations;<\/li>\n\n\n\n<li>includes any visible logos or trademarks that belong to third parties;<\/li>\n\n\n\n<li>disguises its source or origin, or misrepresent its author, by modifying metadata or other identifiers; or<\/li>\n\n\n\n<li>links to any third-party sites or services that would violate the standards contained in this list.<\/li>\n<\/ul>\n\n\n\n<p>In using the Service you also agree not to:<\/p>\n\n\n\n<ul>\n<li>attempt to interfere with the operation of the Service in any way;<\/li>\n\n\n\n<li>copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, display, perform publicly, modify, create derivative works of, upload, edit, post, link to, frame, transmit, rent, lease, lend or sublicense, scrape, crawl, or in any way exploit any part of the Service (except: (a) as authorized herein; or (b) in the case of public search engines, which are granted a revocable right to crawl publicly accessible portions of the Service in compliance with instructions posted on applicable \u201crobots.txt\u201d files and without circumventing any technical barriers, for the sole purpose of creating public searchable indexes, but not caches or archives);<\/li>\n\n\n\n<li>use any viruses, worms, bug exploits, or similar data-gathering and extraction tools on the Service, or frame any portion of the Service, or attempt to tamper, hack, corrupt, or impair the administration or security of the Service;<\/li>\n\n\n\n<li>assign, sublicense, pledge or transfer any of your rights or obligations under this Agreement to any person or entity without The EVThing\u2019 prior written consent which may be withheld in The EVThing\u2019 sole discretion (and any such purported assignment, pledge, or transfer without such prior written consent will be null and void);<\/li>\n\n\n\n<li>use any tools designed to compromise security or digital rights management technology (including password guessing programs, cracking tools, or network probing tools) in connection with the Service;<\/li>\n\n\n\n<li>use the Service for any commercial purposes, including sending \u201cspam\u201d or any malicious or disruptive communications;<\/li>\n\n\n\n<li>decompile, reverse engineer, disassemble, or otherwise reduce the code used on the site, other software, or digital rights management feature on the Service into a readable form in order to examine the construction of such software or to copy or create other products based (in whole or in part) on such software or any feature of the Service or piece of Content available on the Service; or<\/li>\n\n\n\n<li>intercept, record, or modify network communications transmitted between the site, software, or digital rights management features and The EVThing\u2019 networks or systems.<\/li>\n<\/ul>\n\n\n\n<ol start=\"12\">\n<li><strong>Unsolicited Submissions and Feedback<\/strong><br>Please be aware that The EVThing does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, scripts, or other potential creative content (\u201cUnsolicited Submissions\u201d). This is to avoid the possibility of future misunderstanding when projects developed by The EVThing staff or representatives might seem to others to be similar to their submitted concepts, creative ideas, suggestions, stories, scripts, or other potential creative content. Therefore, please do not send The EVThing any Unsolicited Submissions. In the event you do send us an Unsolicited Submission, you understand and agree that your Unsolicited Submission does not create any fiduciary relationship between you and The EVThing and that we are under no obligation to refrain from using the Unsolicited Submission (in whole or in part), to keep it confidential, or to compensate you for our use of it.<\/li>\n\n\n\n<li><strong>Indemnity<\/strong><br>You agree to indemnify and hold harmless The EVThing and its directors, officers, shareholders, parents, subsidiaries, affiliates, partners, agents, and licensors (collectively, the \u201cIndemnified Parties\u201d) from and against all losses, expenses, damages and costs, including reasonable attorney fees and costs, resulting from: (i) your breach of any of the representations, warranties, and agreements made hereunder; (ii) your use of the Service; (iii) your placement or transmission of any User Content onto the Service; (iv) any use of your Account in violation of this Agreement or your failure to fulfill any obligations incurred through the use of your Account by you or a third party; or (v) your willful misconduct.<\/li>\n\n\n\n<li><strong>Accessibility<\/strong><br>We strive to make the content on this website usable by all visitors, including those with disabilities. If you are having difficulty using this website, with or without assistive technology, please contact us at howdy@evthing.com. To enable us to respond in a manner most helpful to you, please indicate the nature of your difficulty using the website, the specific web address (URL link) at issue, and your full contact information, including email address and phone number. Thank you for helping us make your online experience more enjoyable.<\/li>\n\n\n\n<li><strong>Contact Us<\/strong><br>You may contact us at howdy@evthing.com for specific requests, or with general inquiries. Please do not send us any Unsolicited Submissions. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICE.<\/li>\n<\/ol>\n<\/div><\/div>\n\n<\/div><\/div>","protected":false},"excerpt":{"rendered":"<p>Terms of Use Last updated: October 4, 2023 IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. 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