Terms and Conditions

Welcome to www.electriqpower.com (the “Site”) which is operated by ElectrIQ Power, Inc. (hereafter, “ElectrIQ Power”) on behalf of itself and its affiliates and subsidiaries.  These terms of use are entered into by and between all visitors to the Site (“you” or “your”) and ElectrIQ Power, and together with any documents they expressly incorporate by reference collectively (these “Terms”), govern your access to and use of the Site, including any content, functionality and services offered on or through the Site, regardless of your level of interaction with the Site.

Please read the Terms carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms and the Privacy Policy incorporated herein by reference.  This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the ElectrIQ Power.  If you are not or do not agree to these terms, you must not access or use the Site.

Changes to the Terms

ElectrIQ Power may revise and update these Terms from time to time in its sole discretion and without notice to you. All changes are effective immediately when they are posted to the Site, and apply to all access to and use of the Site thereafter.  Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Site

ElectrIQ Power reserves the right to withdraw or amend this Site, and any service or material provided on the Site, in ElectrIQ Power’s sole discretion without notice. ElectrIQ Power will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period and make no representation on the retention or return of any materials posted to the Site. From time to time, ElectrIQ Power may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. If required, it is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by the Privacy Policy, and you consent to all actions ElectrIQ Power takes with respect to your information consistent with the Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify ElectrIQ Power immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

ElectrIQ Power has the right to disable any user name, password or other identifier, whether chosen by you or provided by ElectrIQ Power, at any time in ElectrIQ Power’s sole discretion for any or no reason, including if, in the opinion of ElectrIQ Power, you have violated any provision of these Terms.

Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the ElectrIQ Power, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use the Site for your personal, non-commercial use only unless you have express permission from ElectrIQ Power. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except as follows:

  • Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If ElectrIQ Power provides desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If ElectrIQ Power provides social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this Site.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.

If you wish to make any use of material on the Site other than that set out in this section, please address your request to: info@electriqpower.com.

Trademarks

ElectrIQ Power name and logo and all related names, logos, product and service names, designs and slogans are trademarks of the ElectrIQ Power or its affiliates or licensors. You must not use such marks without the prior written permission of the ElectrIQ Power. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate ElectrIQ Power, an ElectrIQ Power employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by ElectrIQ Power, may harm the ElectrIQ Power or users of the Site or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any device, software or routine that interferes with the proper working of the Site.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY THE SITE, TAMPER OTHERWISE UNDERMINE ELECTRIQ POWER’S BUSINESS OPERATIONS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, ELECTRIQ POWER RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
Email

By contacting ElectrIQ Power or subscribing to a newsletter, you are consenting to receive communications from ElectrIQ Power. To unsubscribe to emails at any time, please follow the instructions contained in the email footer to unsubscribe.

Copyright Infringement
If you believe that any content on this Site infringes your copyright rights, please contact ElectrIQ Power’s designated agent for receiving such notifications in writing as follows:
DMCA Agent
ElectrIQ Power, Inc.
233 Addison Avenue
Palo Alto, CA 94301
Email address: legal@electriqpower.com

In your communication, please include:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a representative list of such works.
  • Identification of the material that you claim to be infringing, and information reasonably sufficient to permit ElectrIQ Power to locate the material.
  • Information reasonably sufficient to permit ElectrIQ Power to contact you, such as an address, telephone number, and, if available, an email address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law.
  • A statement that the information your notification is accurate.

If the communication is submitted by someone on your behalf, the communication must also contain a statement that, under penalty of perjury, the submitter is authorized to act on your behalf.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. ElectrIQ Power does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. ElectrIQ Power disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the ElectrIQ Power, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the ElectrIQ Power. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Site

ElectrIQ Power may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and ElectrIQ Power is under no obligation to update such material.

Linking to the Site and Social Media Features

You may link to the homepage, provided you do so in a way that is fair and legal and does not damage ElectrIQ Power’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement by ElectrIQ Power without express written consent.  You agree to cooperate with ElectrIQ Power in causing any unauthorized framing or linking immediately to cease. ElectrIQ Power reserves the right to withdraw linking permission without notice.  We may disable all or any social media features and any links at any time without notice in ElectrIQ Power’s discretion.

Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. ElectrIQ Power has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.

Geographic Restrictions

ElectrIQ Power is based and administers the Site in the State of California in the United States. ElectrIQ Power provides this Site for use only by persons located in the United States. ElectrIQ Power makes no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data.

ELECTRIQ POWER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO THE DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

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

ELECTRIQ POWER 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

IN NO EVENT WILL ELECTRIQ POWER, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

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

Indemnity and Hold Harmless

You agree to defend, indemnify and hold harmless ElectrIQ Power, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any use of the Site’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Site.  ElectrIQ Power reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with ElectrIQ Power’s defense of such claim.

Governing Law and Jurisdiction

All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).  Any legal suit, action or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, city of San Francisco although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver of by the ElectrIQ Power of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the ElectrIQ Power to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.  If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

The Terms and the Privacy Policy constitute the sole and entire agreement between you and ElectrIQ Power with respect to the Site supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Comments and Concerns

All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: info@electriqpower.com.
Last Updated:  April 26, 2017