Effective Date: December 15, 2019
Welcome to the Charging Essentials website (the “Site”)! This website is operated by Charging Essentials (“we,” “us,” or “ our”). The following terms and conditions (together with any documents referred to in them) (collectively, these “ Terms”) apply to your use of our website and our other services offered at http://www.cesmarthome.com and the Charging Essentials Smart Device software application CE Smart by Charging Essentials (the “App”) (collectively, our “System”).
You are granted a non-exclusive, non-transferable, revocable license to access and use the System. Through use of the App, you consent to automatic software updates of the App. Upon termination by Charging Essentials, for any reason, your access to the App may be terminated. The App is only licensed for your use for the purposes for which you are authorized and on the devices for which you are authorized to administer. You may uninstall and deactivate the App at any time by using the standard uninstall and deactivation procedures offered with your mobile device or computer system’s operating system.
As a condition of your use of the System, you warrant that you will not use the System for any purpose that is unlawful or prohibited by these Terms. You may not use the System in any manner which could damage, disable, overburden, or impair the System, or interfere with any other party's use and enjoyment of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System.
All content included as part of the System, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the System, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the System. Our content is not for resale. Your use of the System does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors, except as expressly authorized by these Terms.
Links to Other Websites and Connecting through Social Media
The System may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content, or for any breach of contract, or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay, or injury to you or your companions. Inclusion of any linked website on the System does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the System to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
You agree to indemnify, defend, and hold harmless Charging Essentials, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the System, your violation of these Terms, or your violation of any rights of a third party or your violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
Visiting or using the System, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the System, satisfy any legal requirement that such communications be in writing. We process your personal data to send you important information regarding the services, changes to our Terms, Conditions, and Policies and/or other administrative information. Because this information may be important, you may not opt-out of receiving such communications without deactivating your account.
Warranty and Limitation of Liability
CHARGING ESSENTIALS AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SYSTEM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CHARGING ESSENTIALS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SYSTEM AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Limited One Year Product Warranty and Claims for Loss
CHARGING ESSENTIALS WARRANTS THAT ANT CHARGING ESSENTIALS PRODUCT DELIVERED HEREUNDER WILL AT THE TIME OF DELIVERY BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP AND WILL CORRESPOND WITH THE SPECIFICATIONS ISSUED BY CHARGING ESSENTIALS AND PERFORM UNDER NORMAL USE AND SERVICE. SUBJECT TO THE FOREGOING ALL WARRANTIES, REPRESENTATIONS, GUARANTEES, CONDITIONS AND TERMS, OTHER THAN THOSE EXPRESSLY SET OUT IN THE AGREEMENT WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, TRADE USAGE OR OTHERWISE AND WHETHER WRITTEN OR ORAL ARE HEREBY EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
ALL CHARGING ESSENTIALS PRODUCTS MUST BE INSTALLED AND USED IN ACCORDANCE WITH THEIR INSTRUCTIONS, INCLUDING INSTRUCTIONS PROVIDED WITH THE CHARGING ESSENTIALS PRODUCT PACKAGING OR PROVIDED ON THE PRODUCT ITSELF. CHARGING ESSENTIAL SURGE SUPPRESSION PRODUCTS WILL NOT PREVENT DAMAGE FROM ALL SURGES, AND SPECIFICALLY ARE NOT DESIGNED OR WARRANTED TO PROTECT AGAINST LIGHTNING STRIKES. CHARGING ESSENTIAL SURGE SUPPRESSION PRODUCTS MUST BE INSTALLED ON A PROPERLY GROUNDED OUTLET WITH A CIRCUIT BREAKER APPROPRIATE FOR ELECTRONIC PRODUCTS, TYPICALLY 15 AMPS.
AT THE DISCRETION OF CHARGING ESSENTIALS ANY DEFECTIVE PRODUCT WILL BE REPLACED OR THE PURCHASE PRICE REFUNDED. THIS WARRANTY SHALL IN NO EVENT EXCEED AMOUNTS PAID BY CUSTOMER TO CHARGING ESSENTIALS OR ITS AFFILIATES FOR THE CHARGING ESSENTIALS PRODUCTS INVOLVED, AND EXPRESSLY EXCLUDES COVERAGE OF ANY DAMAGE TO THIRD PARTY PRODUCTS OR ELECRONICS.
ANY ACTION BROUGHT BY CUSTOMER IN CONNECTION WITH SUCH NONCOMPLIANCE HEREUNDER MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER SUCH CAUSE OF ACTION ACCRUES OR IT WILL BE DEEMED WAIVED. CHARGING ESSENTIALS'S TOTAL AGGREGATE LIABILITY TO CUSTOMER UNDER, ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY) BREACH OF STATUTORY DUTY, MISREPRESENTATION OR OTHERWISE, SHALL IN NO EVENT EXCEED AMOUNTS PAID BY CUSTOMER TO CHARGING ESSENTIALS OR ITS AFFILIATES FOR THE CHARGING ESSENTIALS PRODUCTS INVOLVED; AND CUSTOMER RELEASES CHARGING ESSENTIALS FROM ALL CLAIMS AND LIABILITIES IN EXCESS OF THIS LIMITATION AND WAIVES ALL OTHER REMEDIES, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE REMEDY OF SPECIFIC PERFORMANCE AS WELL AS ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL CHARGING ESSENTIALS BE LIABLE TO CUSTOMER FOR ANY CLAIM (WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), BREACH OF STATUTORY DUTY, MISREPRESENTATION OR OTHERWISE) FOR (A) ANY LOSS OF PROFIT, REVENUE, ANTICIPATED SAVINGS, BUSINESS OR CONTRACT, AND (B) ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS.
CUSTOMER ACCEPTS THAT THE LIMITATIONS AND EXCLUSIONS SET OUT IN THE AGREEMENT ARE REASONABLE HAVING REGARD TO ALL THE CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, THE CONSIDERATION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT IN ANY WAY CHARGING ESSENTIALS'S LIABILITY FOR DEATH OR PERSONAL INJURY, FRAUDULENT MISREPRESENTATION OR FOR BREACH OF ITS OBLIGATIONS TO THE EXTENT THAT ANY RELEVANT JURISDICTION DOES NOT ALLOW CHARGING ESSENTIALS TO DISCLAIM LIABILITY FOR CERTAIN DAMAGES OUTLINED ABOVE, SUCH SPECIFIC LIMITATIONS OR EXCLUSIONS SHALL NOT APPLY.
Governing Law, Venue and Jurisdiction
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