Thank you for driving green! eCamion (“us,” “we” and “our”) is proud to help keep our air clean by making its Jule™ charging stations (the “Charging Stations”) and the website at https://www.ecamion.com/ (the “Site”) available for your (“you,” “your” and “User”) use.
These Terms contain a mandatory arbitration provision that, as further set forth in the “Governing Law and Arbitration” section below, requires the use of arbitration on an individual basis to resolve disputes. It does not allow jury trials or any other court proceedings or class actions of any kind.
Changes to these Terms
You must follow all of our directions when using any Charging Station, any other products or services provided by us, or any Peripherals. User acknowledges and understands that User may need to use Peripherals not supplied by us to charge certain vehicles and that our Charging Stations, including, without limitation, the safety features thereof, may not recognize or otherwise be compatible with vehicles that require the use of such Peripherals, the charging system or other software used in such vehicles, or the Peripherals themselves. User understands and agrees that not following our directions, supplying any incorrect responses or information or using any Peripheral not supplied by us could damage the Charging Station, User’s vehicle, or other property, and may cause a safety hazard or bodily injury. Further, User acknowledges and understands that use of the Charging Station, including any Peripherals, to charge User’s vehicle may void or otherwise impair any warranty with respect to such vehicle, and User is solely responsible for complying with any warranty-related or other requirements relating to User’s vehicle, including but not limited to keeping current the firmware/software of the User’s vehicle.
If you have used a Charging Station, you accepted these Terms, as well as the Jule™ Charging Station General Terms posted thereon (the “General Terms”). Notwithstanding any other provision hereof, these Terms do not supersede the General Terms, and the General Terms do not supersede these Terms. Rather, these Terms and the General Terms are intended to be read and operate together.
If you are interested in hosting or using a Charging Station(s), have other energy storage needs or are otherwise interested in our products or services, we may ask you to provide related information. You represent and warrant that all information you provide to us will be accurate and complete. If you provide information that is inaccurate or incomplete, we, you and others may incur damage to property and/or other harm as a result.
User acknowledges that, for certain purposes or under certain conditions, the Charging Station power rating will need to be reduced (which will increase the time required to charge User’s vehicle), the energy available for each vehicle will need to be limited (which may prevent a full charge of your vehicle’s battery), or both. Such purposes or conditions may include peak-load balancing adjustments to limit energy consumption at times of high power demand, the state of charge of (i.e., the amount of energy stored by) the Charging Station and the rate at which the Charging Station may be refilled, and to perform our commitments to provide services to the grid operator. User may not receive any notice of any of the foregoing.
We, our vendors or our licensors retain all of our or their intellectual property rights in our products and services, including the Site, the Charging Stations and Peripherals supplied by us. We grant you a limited, revocable, nonexclusive, non-transferable license under those intellectual property rights, without any right to grant sublicenses, to use the Site, the Charging Stations, any Peripherals supplied by us, and any of our other products and services, but only in accordance with these Terms, any other agreement between you and us, and any directions or instructions that we provide to you. You understand and agree that any use of the Site, the Charging Stations, any of our other products and services or any Peripherals in a way that violates these Terms, any other agreement between you and us, or any directions or instructions that we provide to you is not licensed or otherwise authorized and may be an infringement or other violation of our or our vendors’ or licensors’ intellectual property rights.
You agree that you will not do any of the following:
· Use any Charging Station, the Site, any of our other products or services or any Peripherals for any fraudulent purpose of otherwise in a way that violates any of the directions or instructions that we provide to you (including by entering incorrect information into any Charging Station, and including but not limited to incorrectly identifying your vehicle type and/or port type), any rights of any person, any law or regulation, these Terms;
· Reverse engineer or otherwise attempt to determine the trade secrets of any Charging Station, any Peripherals supplied by us, the Site or any other of our products or services;
· Violate or attempt to violate the security of any Charging Station, the Site or any other of our products or services;
· Use any charging station to test or verify the performance of any prototype vehicle or Peripheral or any component thereof, including any battery, chassis and/or drive train;
· Restrict or inhibit any other person from using any Charging Station, any Peripherals supplied by us, the Site or any other of our products or services, including by means of "hacking" or defacing any portion of any of the foregoing;
· Transmit or release through or in connection with any Charging Station, the Site, any of our other products or services or any Peripherals any software or other materials that contain any viruses, worms, Trojan horses, spyware, other computer code or any other item of a destructive nature or that is or is potentially harmful or invasive or intended to damage, impair or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”);
· "Frame" or "mirror" any part of the Site, or otherwise incorporate any portion of the Site into any product or service, without our prior written authorization; or
· Otherwise tamper with any Charging Station, any Peripherals supplied by us, the Site or any other of our other products or services, or use any of the foregoing for anything other than its reasonably intended purpose.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (i) THE CHARGING STATIONS, (ii) ANY PERIPHERALS SUPPLIED BY US, (iii) THE SITE, AND (iv) ANY OTHER OF OUR PRODUCTS OR SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND YOUR USE OF (i) ANY CHARGING STATION, (ii) THE SITE, (iii) ANY OF OUR OTHER PRODUCTS OR SERVICES or (iv) ANY PERIPHERALS IS IN EACH CASE AT YOUR SOLE RISK.
You will indemnify us and hold us harmless from any loss, damage, cost, expense (including reasonably attorneys’ fees), claim or action to the extent attributable to your willfulness, recklessness, negligence, and/or your failure to follow our directions or instructions, your use of any Peripherals not supplied by us, or your violation of any law or regulation or of these Terms or the General Terms, including in connection with your use of any (i) Charging Station, (ii) the Site, (iii) any other of our products or services, or (iv) any Peripherals.
We may provide to you via the Site or otherwise access or links to information, products, services and other material made available by third parties (“Third-Party Materials”). Nevertheless, we are not endorsing, nor are we responsible for, such third parties or Third‑Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third‑Party Materials, or any intellectual property rights therein. We are not responsible or liable for and make no representations or warranties with respect to any Third‑Party Materials or any further links contained there to other sites or materials. Certain Third Party Materials may, among other things, be inaccurate, misleading, or deceptive. If you use or access any Third‑Party Materials, you do so at your own risk; we are under no obligation to monitor Third‑Party Materials, nor are we responsible for assuring that the Third‑Party Materials are free from any Viruses. We may discontinue, block or disable access to Third‑Party Materials (in whole or in part) at any time without notice or obligation to you. Your use of Third‑Party Materials may be subject to any additional terms, conditions and privacy policies applicable to such third‑party materials (such as terms of service or privacy policies of the providers of such third‑party materials).
If you wish to provide a hyperlink to the Site, you may do so only under the following conditions: (i) any link to the Site must be a text-only link and clearly marked ["eCamion Web Site"]; (ii) the link must "point" to the URL: https://www.ecamion.com and not to other pages within the Site; (iii) when selected by a user, the link must display the Site on full-screen and not within a "frame" on the linking site; (iv) the appearance, position and other attributes of the link may not imply that you or any related organizations or entities are endorsed or sponsored by, affiliated with, or associated with us; (v) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trademarks; (vi) the linked site may not contain content that could be construed as distasteful, offensive or controversial or that is not appropriate for all age, racial, religious and other groups protected by law; and (vii) we reserve the right to revoke our consent to the link at any time in our sole discretion and you will remove the link immediately upon our request. By linking to the Site, you are agreeing to be bound by these Terms.
PLEASE READ THIS “GOVERNING LAW AND ARBITRATION” PROVISION VERY CAREFULLY. IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US, SUBJECT TO THESE TERMS AND OPT-OUT OPTION SET FORTH BELOW.
“Country of Residence” for purposes of this agreement to arbitrate means the country in which you hold citizenship or legal permanent residence; provided that if you have more than one country of citizenship or legal permanent residence, it shall be the country in which you hold citizenship or legal permanent residence with which you most closely are associated by permanent or most frequent residence.
We want to address your concerns without the need for a formal legal dispute. Before filing a claim against us, you agree to try to resolve the Dispute informally by contacting us in writing at: eCamion, Attn: Himanshu Sudan, 450 Midwest Road, Toronto, ON, Canada, M1P 3A9 or via e-mail at: firstname.lastname@example.org to notify us of the actual or potential Dispute. Similarly, we will undertake reasonable efforts to contact you to notify you of any actual or potential dispute to resolve any claim we may possess informally before taking any formal action. The party that provides the notice of the actual or potential Dispute (the “Notifying Party”) will include in that notice (a “Notice of Dispute”) your name (to the extent known), the Notifying Party’s contact information for any communications relating to such Dispute (including for the Notifying Party’s legal counsel if it is represented by counsel in connection with such Dispute), and sufficient details regarding such Dispute to enable the other party (the “Notified Party”) to understand the basis of and evaluate the concerns raised. If the Notified Party responds within ten (10) business days after receiving the Notice of Dispute that it is ready and willing to engage in good faith discussions in an effort to resolve the Dispute informally, then each party shall promptly participate in such discussions in good faith.
If, notwithstanding the Notifying Party’s compliance with all of its obligations under the preceding paragraph, a Dispute is not resolved within 30 days after the Notice of Dispute is sent (or if the Notified Party fails to respond to the Notice of Dispute within ten (10) business days), the Notifying Party may initiate an arbitration proceeding as described below. If either party purports to initiate arbitration without first providing a Notice of Dispute and otherwise complying with all of its obligations under the preceding paragraph, then, notwithstanding any other provision of these Terms, the arbitrator(s) will promptly dismiss the claim with prejudice and will award the other party all of its costs and expenses (including reasonable attorneys’ fees) incurred in connection with such Dispute.
We both agree to arbitrate (unless you opt out as described below). You and we each agree to resolve any Disputes that are not resolved informally as described above through final and binding arbitration as discussed herein, except as set forth under “Exceptions to Agreement To Arbitrate” below.
If you do not wish to be subject to this agreement to arbitrate, you may opt out of this arbitration provision by sending a written notice to us at eCamion, Attn: Himanshu Sudan, 450 Midwest Road, Toronto, ON, Canada, M1P 3A9 or via e-mail at: email@example.com, within thirty (30) days of first time you accept these Terms (or any prior version of these Terms) via your first use of a Charging Station, the Site or otherwise. You must date the written notice, and include your first and last name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration. If no written notice is submitted by the 30-day deadline, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except with regard to the exceptions set forth below. By opting out of the agreement to arbitrate, you will not be precluded from using any Charging Station or the Site, but you and we will not be permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.
The arbitration procedure depends on your Country of Residence.
You and we agree that the American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought (“AAA Rules”). Those rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration.) Arbitration will proceed on an individual basis and will be handled by a sole arbitrator. The single arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within fourteen (14) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. The arbitrator(s) shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit, other than remedies that you effectively waived pursuant to these Terms. Notwithstanding any language to the contrary in this paragraph, if a party seeks injunctive relief that would significantly impact other of our customers or users, as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators. Each party shall select one arbitrator, and the two party-selected arbitrators shall select the third, who shall serve as chair of the arbitral panel. That chairperson shall be a retired judge or an attorney licensed to practice law and with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this Section shall make that determination. If the arbitrator determines a three-person panel is appropriate, the arbitrator may – if selected by either party or as the chair by the two party-selected arbitrators – participate in the arbitral panel. Except as and to the extent otherwise may be required by law, the arbitration proceeding and any award shall be confidential.
You and we further agree that the arbitration will be held in the English language in Michigan or, if you so elect, all proceedings can be conducted via videoconference, telephonically or via other remote electronic means. If we elect arbitration, we shall pay all of the AAA filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the AAA Rules, or in accordance with countervailing law if contrary to the AAA Rules. However, if the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration, unless the arbitrator(s) finds that either the substance of your claim or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). In such circumstances, fees will be determined in accordance with the AAA Rules. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided herein or required by law. If your Country of Residence is the United States, this agreement to arbitrate shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms.
If your Country of Residence is Canada or if your Country of Residence is any other country other than the United States:
Arbitration shall be conducted by a single arbitrator at ADR Chambers pursuant to the general ADR Chambers Rules for Arbitration, and consistent and in accordance with the provisions of Arbitration Act, 1991 (Ontario). The arbitrator shall be appointed by agreement between the parties or, in default of such agreement, such arbitrator shall be appointed by a mediator jointly selected by the parties from the roster of arbitrators at ADR Chambers (https://adrchambers.com/). In the event the parties are unable to agree to a mediator from the roster of arbitrators at ADR Chambers, eCamion shall have the right to propose the three (3) mediators from the roster of arbitrators and you must choose one of the three (3) proposed mediators to appoint an arbitrator. Unless otherwise agreed to by the parties, arbitration shall be held in Toronto, in the Province of Ontario, Canada. The procedure to be followed shall be agreed to by the parties or, in default of such agreement, determined by the arbitrator. The arbitrator shall have the power to proceed with the arbitration and to deliver his or her decision notwithstanding the default by any party in respect of any procedural order made by the arbitrator. The decision arrived at by the arbitrator will be final and binding and is not appealable. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The costs of the arbitrator shall be divided equally between the parties.
Arbitration will take place in the English language in Ontario, Canada. You may choose to have the arbitration conducted via videoconference, telephonically or via other remote electronic means. Except as and to the extent otherwise may be required by law, the arbitration proceeding and any award shall be confidential. Arbitration fees may be paid in accordance with the countervailing law of your Country of Residence if contrary to the Rules outlined above.
Regardless of your County of Residence or the rules of a given arbitration forum, you and we agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor we may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a “Collective Arbitration”). Without limiting the generality of the foregoing, a claim to resolve any Dispute against us will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. “Concurrently” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR WE SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. Without limiting the foregoing, any challenge to the validity of this paragraph shall be determined exclusively by the arbitrator.
Notwithstanding your and our agreement to arbitrate Disputes, either you or we retain the following rights:
If your Country of Residence is the United States, you and we retain the right (A) to bring an individual action in small claims court; and (B) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
If your Country of Residence is not the United States, you and we may assert claims, if they qualify, through the small claims process in the courts of your Country of Residence. Further, as applicable, this agreement to arbitrate does not deprive you of the protection of the mandatory provisions of the consumer protection laws in your Country of Residence; you shall retain any such rights and this agreement to arbitrate shall be construed accordingly.
Except as otherwise required by applicable law or provided in these Terms, in the event that the agreement to arbitrate is found not to apply to you or your Dispute, you and we agree that any judicial proceeding may only be brought in a court of competent jurisdiction in Michigan. Both you and we consent to venue and personal jurisdiction in Michigan. Notwithstanding the foregoing, either party may bring any action to enforce its intellectual property rights or confirm an arbitral award in any court or administrative agency having jurisdiction.
This agreement to arbitrate shall survive the termination or expiration of these Terms. With the exception of the provisions of this agreement to arbitrate that prohibit Collective Arbitration, if a court decides that any part of this agreement to arbitrate is invalid or unenforceable, then the remaining portions of this agreement to arbitrate shall nevertheless remain valid and in force. If a court finds the prohibition of Collective Arbitration to be invalid or unenforceable, then the entirety of this agreement to arbitrate shall be deemed void (but no provisions of these Terms unrelated to arbitration shall be void), and any remaining Dispute must be litigated in court pursuant to the preceding paragraph.
If your Country of Residence is the United States, these Terms shall be governed by and construed in accordance with the laws of the state of Michigan applicable to contracts entered into and performed in Michigan by residents thereof; provided that, as provided above, all provisions hereof related to arbitration shall be governed by and construed in accordance with the Federal Arbitration Act (U.S. Code Title 9). If your Country of Residence is not the United States, this Agreement shall be governed by and construed in accordance with the laws of Ontario, Canada, applicable to contracts entered into and performed in Ontario by residents thereof.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms or the General Terms. Our failure to enforce any provision of these Terms or the General Terms will not constitute a waiver of such provision or of our legal or equitable rights. Further, no waiver shall be effective unless it is made in a writing signed by us, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
We welcome questions, comments and other feedback about these Terms, the Charging Stations, our other products and services, the Site or any Peripherals, including ideas, proposals, suggestions or other materials (“Feedback”). However, you hereby acknowledge and agree that we will treat all such Feedback as non-confidential and we may reproduce, use, commercialize, disclose, distribute and otherwise exploit such Feedback for any purpose, and authorize others to do so, without notice or obligation to you. You further acknowledge and agree that your provision of such Feedback is gratuitous, unsolicited and without restrictions, and does not place us under any fiduciary or other obligation. If you have any questions or comments, please send an e-mail through the Contact Us section of https://www.ecamion.com/ or via firstname.lastname@example.org.