EV UNIVERSE, INC.
TERMS OF SERVICE AGREEMENT
Effective Date: May 24th, 2022
Thank you for your interest in EV Universe. In this Terms of Service Agreement (the “Agreement”), the terms “EV Universe,” “we,” “us,” and “our” refer to EV Universe Inc., and the terms “you” and “your” refer to you as a user of our websites, mobile, and other online applications and products and services (collectively, the “EV Universe Sites”).
- The material that appears on the EV Universe Sites is for general informational purposes only. While we aim to provide a site that is useful, be mindful that the EV Universe Sites may, from time to time, contain errors. The EV Universe Sites includes materials and information collected from and provided by third parties that we may not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on the EV Universe Sites, and you should not rely on it without independent verification.
- We invite you to bring to our attention any materials or information on the EV Universe Sites that you believe to be inaccurate. Please forward a copy of the materials or information to [email protected], along with an explanation of the inaccuracies.
Buying and Selling Vehicles
- The EV Universe Sites is a vehicle listing and information service that brings together buyers and sellers. EV Universe is not a party to any transaction between vehicle buyers and sellers that originates on or through the EV Universe Sites. Information about a particular vehicle is supplied by the seller and may include data from third parties and/or machine learning. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller.
- Though we hope that all who come to the EV Universe Sites will act honorably and treat each other fairly, we cannot verify the information about vehicles or guarantee the vehicles offered by sellers. Nor can we assure the seller of a vehicle that the payment he or she receives from the buyer is legitimate. When using the EV Universe Sites to find a buyer for your vehicle or a vehicle to purchase, we urge you to use the same common sense and good judgment you would use in selling a vehicle through, or responding to, a classified ad in the newspaper or on any other online marketplace.
Buying a Vehicle
- We may screen some email messages sent through the EV Universe Sites to sellers about vehicles listed on the EV Universe Sites. If it appears that your email message has not reached the seller of the vehicle you are inquiring about, you might try inquiring by telephone if the seller has provided a telephone number.
- EV Universe may provide a “Payment Calculator” that will estimate monthly payments based on a vehicle’s advertised cost, your preferred term length, and general credit status. The Payment Calculator is intended for estimates only and is not linked to any bank or federal interest rate information, not does it confirm your actual credit status. For specific interest rate and loan information, including actual monthly payments, you must engage a lender qualified to extend such a loan to you.
- Our used car listings include vehicles that dealers have designated as “certified”, meaning these vehicles meet certain standards established by manufacturers and/or dealers in connection with their pre-owned vehicle programs. Private sellers cannot designate their vehicles as “certified,” however, private sellers might claim or represent in their vehicle listing that a vehicle is certified. The decision to certify any particular vehicle is made by the certifying manufacturer or dealer, and the vehicle information included in the EV Universe Sites’ certified vehicle listing is provided by the listing seller and not by EV Universe. Neither EV Universe nor the manufacturer is responsible for the accuracy of any information contained in a certified vehicle listing. Only the party that certifies a vehicle is responsible for the decision to certify that vehicle, and only a seller is responsible for ensuring that a vehicle’s designation or representation as certified is accurate. Before buying a certified vehicle, you should familiarize yourself with the terms of the applicable certification program and ensure you have received all appropriate documentation to verify the accuracy of the certification.
- Certain dealers who participate in an anonymous chat or anonymous texting service provided by EV Universe or its affiliates may offer you an option to inquire about a listed vehicle without disclosing your personal information (such as your name, e-mail address or telephone number). If you contact a dealer via an anonymous text, the dealer will be able to respond to that text and contact you without having access to your mobile number. Both you and the dealer have the option to end such chat or text conversation at any time. If, in the course of such chat or text conversation, you supply to the dealer your email address and/or telephone number, you consent to receive e-mail communications to such e-mail address and calls and texts at that number, whether manually or automatically generated. You are under no obligation to provide your name or contact information over the course of such chat or text conversation.
- Anonymous chat and text service rely on infrastructure and services furnished by third-party providers. Neither EV Universe, nor its affiliates, nor participating dealers warrant the continuous availability or error-free operation of the anonymous chat and text services.
Listing Your Vehicle
- By offering a vehicle for sale through our marketplace service, in addition to the terms and conditions herein, you agree to our Sales Agreement. The Sales Agreement requires, among other things, that you be prepared to sell your vehicle at the price at which, and on the terms on which, you have listed it. You must have possession of the actual vehicle listed, the ability to transfer title, and be legally authorized to sell the vehicle. To list a vehicle for sale on the EV Universe Sites, sellers also are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not charge any potential buyer for information about any vehicle listed for sale on the EV Universe Sites, nor may you use the EV Universe Sites to promote, without our prior written permission, any other website, product, or service.
- By using the EV Universe Sites to sell your vehicle as a private seller, through a Private Seller Ad, you represent that you are at least 18 years of age, that you are not a motor vehicle dealer, that you are not listing a vehicle for sale in your capacity as an owner, employee or representative of a dealer, and that neither you nor anyone acting on your behalf will list more than the number of vehicles you are legally permitted to sell without first obtaining a vehicle dealer’s license or equivalent registration in your applicable state(s) or jurisdiction(s). If you are legally required to obtain a vehicle dealer license, permit, or equivalent registration in order to utilize the EV Universe Sites as a seller, regardless of whether or not you have obtained such license, permit, or equivalent registration, or if you are a commercial dealer wishing to list any vehicle, must abide by the dealer terms below. EV Universe is in no way responsible for your compliance with any applicable law related to the issuance, oversight, or compliance of dealer licenses, permits, or equivalent registrations, and you agree to indemnify and hold harmless EV Universe and its owners, shareholders, subsidiaries, affiliates, officers, employees, partners, and licensors from any and all claims and expenses, including attorney’s fees, arising from or related in any way to your compliance with (or failure to comply with) any related laws, regulations, orders, or other governmental decrees related to your status as a dealer in your applicable state(s) or jurisdiction(s).
- By using the EV Universe Sites to sell your vehicle as a dealer, through a Dealer Ad, you agree to the applicable representations and warrants including in the Sales Agreement.
- When you list a vehicle for sale through our marketplace service, we may obtain additional distribution for your listing through our relationships with other websites. We also may promote your listing on or through third-party websites or services as an added value. Those providers may contact you about your ad on their website and may try to sell additional services to you, but you are not obligated or required to purchase any additional services and may be able to opt out of displaying your ad on their website. If other third parties contact you without your permission offering to sell you services, they have likely misused the EV Universe Sites and violated this Agreement to exploit your listing information. If you receive any such solicitations that you did not authorize, please bring them to our attention by using our [email protected] email.
- Listings are not to be used to advertise more than one vehicle, regardless of a listing’s duration. For this reason, you cannot edit your vehicle’s year, make, model, or VIN once you have purchased a listing. Always double-check this information before purchasing a listing. Listing fees are not refundable, so if you enter incorrect information in the year, make, model, or VIN fields, you will have to delete the listing and purchase a new one to create an accurate listing. By using the EV Universe Sites to sell your vehicle, you agree to pay the price of the package you select and the prices of any advertising upgrades, regardless of whether your vehicle sells as a result of the listing. You also agree to pay any applicable taxes relating to your use of the Seller Ad service.
- Responsibility for the information contained in each listing lies with each seller. You alone are responsible for the material you post, including listing information and photos of your vehicle, and for the content of all messages you transmit through the EV Universe Sites. Nothing will undermine a user’s confidence in the vehicle you are looking to sell faster than inaccurate statements or misleading representations about the vehicle. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat other users of the EV Universe Sites fairly and honorably.
- In connection with our efforts to combat internet fraud, some listings may be screened before being posted publicly. This process may delay the publication of your listing. Though we cannot monitor every transaction that originates through a listing on the EV Universe Sites, we may, from time to time, perform random quality assurance tests to confirm that those who offer vehicles for sale over the EV Universe Sites are prepared to sell those vehicles at the prices and on the terms which such vehicles are advertised. By using the EV Universe Sites, you agree to cooperate in these quality assurance tests. If our tests reveal, or we otherwise learn, that a seller may be violating the terms of this Agreement, we reserve the right to deny that seller use of services offered on the EV Universe Sites and any affiliated websites and remove that seller’s listings from each site.
- By listing a vehicle for sale on the EV Universe Sites, you agree to use the phone numbers and email addresses of those responding to your listing only to communicate with them about the potential sale of that vehicle.
- By listing a vehicle for sale on the EV Universe sites, you represent and warrant that: you are the sole author and owner of the intellectual property rights in any data, information, text, image, or other material (“Content”) that you submit to EV Universe; you voluntarily waive all “moral rights” that you may have in such Content; the Content you submit is accurate and not false or misleading, does not infringe any third party’s copyright, patent, trademark, trade secret or other intellectual or proprietary rights or rights of publicity or privacy, and does not display any personal information of prior owners, lessees, or other parties. You further agree that you shall not: submit any Content that is, or may reasonably be considered to be, defamatory, libelous, obscene, pornographic, indecent, lewd, suggestive, threatening, abusive, inflammatory, hateful, racially or religiously biased or offensive, harassing, fraudulent, or otherwise objectionable to any individual, partnership or corporation; or impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
- By listing a vehicle for sale on the EV Universe Sites, you grant to EV Universe and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised.
Phone and SMS Message Contact.
- You may elect to receive phone calls and SMS messages to your provided phone numbers from EV Universe or its employees, contractors, affiliates, or other representatives or agents for certain EV Universe Sites solutions and/or notifications. Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling or messaging on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling or sending SMS messages on our behalf for any and all purposes arising out of your use and of the EV Universes Sites or notifications you elect to receive.
- You agree we may contact you in any way, including SMS messages (including text messages) and calls, included messages delivered using an automatic texting system. You consent to receive SMS messages (including text messages) from us, our agents, representatives, affiliates or anyone on our behalf at the specific number(s) you have provided to us, with information or questions included but not limited to your listing(s), listings you’re interested in, account information, subscription renewals. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.
- You certify, warrant, and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls and messages at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number.
- Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that we may contact you by e-mail, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes.
Purchases Through the EV Universe Sites.
- You may have the ability to purchase parts and accessories related to electronic vehicles (collectively “Products”) directly through the EV Universe Sites. The Products are not in the possession of EV Universe, and instead are located at the pertinent manufacturer’s and/or distributor’s warehouse. All Products will be distributed from the manufacturer or distributor upon the completion of the payment process as described below.
- EV UNIVERSE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PRODUCTS SOLD ON EV UNIVERSE SITES AND DELIVERED BY THIRD PARTY MANUFACTURERS AND DISTRIBUTORS, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
- All payments facilitated by us through the EV Universe Sites will be paid by providing your valid credit/debit card information to us. You hereby authorize us to charge your credit/debit card for all charges due related to the Products you purchased. The amount owed shall be paid in full prior to the order and shipment of any products. If you believe that any fees have been incorrectly debited, please contact EV Universe at [email protected] or via mail at EV Universe Inc 13200 Strickland Rd., Suite 114.305 Raleigh, NC 27613.
- Payment processing services used to purchase the Products are facilitated by Stripe, Inc. (“Stripe”), and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this Agreement, or continuing to purchase the Products, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of us enabling payment processing services through Stripe, you agree to provide us accurate and complete information about you, and you authorize us to share such information and transaction information related to your use of the payment processing services provided by Stripe.
- Disputes may only be initiated through Stripe and pursuant to the Stripe Services Agreement. EV Universe is not responsible for or liable to you for authorized and completed charges that are later the subject of a dispute, refund, or reversal, are submitted without authorization or in error, or violate any laws.
- You shall pay any and all sales, use, property, and other taxes, fees, and other assessments and governmental charges, together with any penalties or interest thereon, levied on or associated with this Agreement.
- For your convenience, we make available via pop-up windows within EV Universe Sites with embedded information from other providers, and by a variety of links to other websites that we do not operate, automotive-related products and services, including insurance, warranties, automotive history, financing, and inspection services.
Vehicle Inspection Services.
- Certain ad packages available through the Service may offer you the ability to purchase a vehicle inspection from a third-party service provider for the vehicle you are buying or selling. These services are not provided, facilitated, or validated by EV Universe, and EVU Universe does not provide vehicle inspection services. EV Universe is not responsible or liable in any way for any claims, representations, statements, opinions, or other information provided by the third-party service provider in connection with any vehicle inspection or other services. The inspection report reflects the subjective observations and opinions of the vehicle inspector and is not a warranty or guarantee of the vehicle’s condition. When the inspection is completed, you will have the opportunity to review the inspection report and decide how to utilize the report moving forward.
- BY ORDERING AN INSPECTION, YOU AGREE TO RELEASE AND DISCHARGE EV UNIVERSE, THE SERVICE PROVIDER PERFORMING THE INSPECTION SERVICE, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND INSPECTION CONTRACTORS FROM ALL LIABILITY ARISING FROM THE INSPECTION OF YOUR VEHICLE OR YOUR DECISION REGARDING YOUR USE OF THE RESULTING INSPECTION REPORT.
- Without limiting Section 4B(ii), above, if you purchase a vehicle inspection that is provided by our service provider, you agree that, in addition to this Agreement, the inspection services, and use of any inspection report resulting from such services, may be subject to additional terms and conditions from that service provider.
- Although we make available embedded information in pop-up windows and links to the websites of third-party providers of products and services, we are not responsible for the prices, terms, quality, reliability, or performance of the products or services provided by them. Your correspondence or business dealings with, or participation in the promotions of, vendors or other third parties found on or through the EV Universe Sites, including payment and delivery of goods or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage incurred as the result of such dealings with or the presence of such third parties on the EV Universe Sites.
- For your convenience, we make available embedded information in pop-up windows and links to websites operated by dealers that list their vehicles on the EV Universe Sites. We are not responsible for any of the content that appears on these websites, including, without limitation, promotional contests and sweepstakes offers. We do not co-sponsor, operate, endorse, or guarantee any advertiser sweepstakes or contest offer that may be promoted from time to time on the EV Universe Sites, or that may be accessible through a link from the EV Universe Sites, and you release EV Universe and our affiliates from any damages that you may incur, and agree not to assert any claims against any of them, arising from your entry, participation, or acceptance of any prize in any such sweepstakes or contest offer.
Ownership and Permissions
- The EV Universe Sites are provided to our end users for their personal, non-commercial use only. The materials on the EV Universe Sites are the property of EV Universe or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this Agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on the EV Universe Sites. You may display and occasionally print a single copy of any page of the EV Universe Sites for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the EV Universe Sites without the prior written consent of the owner of such materials. You may not store any significant portion of, nor distribute copies of, materials found on the EV Universe Sites, in any form (including electronic form), without prior written permission from the owner of such materials. Requests for permission to reproduce or distribute materials found on the EV Universe Sites should be sent to Media Request at EV Universe Inc 13200 Strickland Rd., Suite 114.305 Raleigh, NC 27613 or to [email protected]
- You are free to establish a hypertext link to the EV Universe Sites so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your website by EV Universe or any of our affiliates, nor does the link accompany any disparaging remarks concerning EV Universe, any EV Universe representative, agent, employee, or contractor, any of EV Universe’s Sites, or any of the services available through EV Universe. However, without our prior written permission, you may not frame any of the content of the EV Universe Sites, nor incorporate into another website or service any intellectual property of EV Universe or its licensors. Requests for permission to frame our content or use our content in any way that is not expressly described in this Agreement should be sent to our media director, either by [email protected] or to the mailing address above.
- EV Universe and the EV Universe logo are all trademarks owned by us or our licensors. The names of other products and services referred to on the EV Universe Sites may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on the EV Universe Sites without the prior written consent of the owner of the mark.
- You acknowledge that by transmitting or posting any material on or through the EV Universe Sites, you grant us, or anyone authorized by us, an unrestricted, non-exclusive, worldwide, royalty-free, perpetual, irrevocable, license to use, modify, perform, display, broadcast, reproduce, create derivative works from, transmit, sell or otherwise use, exploit or distribute, at no cost whatsoever, all such material (including, without limitation, all intellectual property rights embodied therein), in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose. The foregoing license includes the right to exploit any proprietary rights in such material, including, but not limited to, rights under copyright, trademark, or patent laws that exist in any applicable jurisdiction. Also, in connection with the exercise of these rights, you grant us and anyone authorized by us, the right to identify you as the author of such material by name, email address or user name, and to use your image and likeness if provided, in connection with such material. You will not receive any compensation of any kind for the use of any material you transmit or post via the EV Universe Sites. Among other uses of user materials, the EV Universe Sites uses listings data to derive useful information (such as vehicle valuation information) for display, sale and distribution.
- The EV Universe Sites allows users to publish listings, ratings, and reviews, including reviews of sellers, and to access social media tools where users may post material accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and your use of them is subject to both the terms of this Agreement and to the policies of their third-party providers.
- You assume total responsibility and risk for your use of any interactive areas of the EV Universe Sites. You acknowledge that any of the user-generated content posted or transmitted through the EV Universe Sites represents the views of the author, and not of EV Universe. You also acknowledge that your use of or reliance on such content is at your own risk.
- When publishing anything to the EV Universe Sites or using any social media tools or interactive features, you agree that you will not post or transmit:
- any copyrighted material unless you own or control the copyright in and to such material;
- material that is: knowingly false and/or defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, invasive of a person’s privacy, or is otherwise objectionable or in violation of any applicable law, rule, or regulation;
- material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights;
- profanity in subject lines, messages, or signatures;
- any material containing viruses, Trojan horses, worms, or any other disruptive or harmful component;
- material that breaches another’s privacy, i.e., containing phone numbers, addresses, or other personal information;
- spam, including, but not limited to, junk mail, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, and material that is unrelated to the forum in which it is posted;
- material that contains advertisements or commercial solicitations; or
- material discussing illegal activities or linking to websites that deal with such activities.
- You further agree that you will not attempt or do any of the following:
- interfere with or disrupt the EV Universe Sites or our computer systems, servers, or networks;
- attempt to gain unauthorized access to any part of the EV Universe Sites, to accounts that belong to other users, or to computer systems or networks connected to the EV Universe Sites;
- engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers, or spiders or otherwise;
- collect information about others without their consent;
- interfere with the use of the EV Universe Sites by any other individual or party;
- impersonate any person, or otherwise attempt to mislead others about your identity, or post material under secondary user names or other aliases; or
- share any user name and/or password you have on the EV Universe Sites with any other persons.
- Without limiting any of EV Universe’s other rights or remedies, a violation of any of the above may result in the removal of any content you have transmitted or posted, revocation of any accounts you have on the EV Universe Sites or on our affiliated websites and services, and/or a ban from creating new accounts.
- Although EV Universe cannot monitor all of the listings and content posted to the EV Universe Sites, we reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this Agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce this Agreement, or to protect the rights, property or safety of visitors to the EV Universe Sites, our advertisers, the public, us or our affiliates. Notwithstanding the foregoing, EV Universe takes no responsibility and assumes no liability for any content posted to the EV Universe Sites by you or by third parties.
- Termination You agree that we may, under some circumstances and without prior notice to you, terminate your use of and access to any of the parts of the EV Universe Sites to which we restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of this Agreement or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the EV Universe Sites, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the EV Universe Sites or any part of the EV Universe Sites.
DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER
- ARBITRATION AGREEMENT. YOU AND EV UNIVERSE AGREE THAT ANY CLAIMS OR DISPUTES (“Claims”) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE TERMS OF THE AGREEMENT, THE EV UNIVERSE SITES, OR ANY SERVICE (INCLUDING BUT NOT LIMITED TO BILLING DISPUTES) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT. In arbitration, there is no judge and no jury. Instead, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in the courts is very limited.
- CLASS ACTION WAIVER: YOU AND EV UNIVERSE AGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS IN ARBITRATION. In addition, neither you nor EV Universe may participate in a class or representative action in court as a class member if the claims asserted in the litigation would fall within the scope of this arbitration agreement if asserted directly by you or EV Universe. To be clear, you and EV Universe both waive any right to participate in any class action involving disputes between us. This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial Waiver set forth in Section 8 of the Agreement will remain in full force and effect.
- ARBITRATOR AUTHORITY: The arbitrator’s authority is governed by this arbitration agreement. You and EV Universe agree that the arbitrator may award the same relief that a court of competent jurisdiction could award – consistent with and limited by the Agreement (including the limitations of liability set forth in Section 9), but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with EV Universe. An arbitrator may award attorneys’ fees and costs to the prevailing party if a court would be authorized to do so under the applicable law.
- ARBITRATION PROCEDURES: You and EV Universe agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by JAMS under its Streamlined Arbitration Rules and Procedures (“JAMS”). These Rules are available on the JAMS website at http://www.jamsadr.com or by calling 1.800.352.5267. If there is a conflict between the JAMS Rules and this arbitration agreement, then this arbitration agreement shall control. EV Universe will pay all filing fees and costs associated with commencing an arbitration, but you will be responsible for paying your own attorneys’ fees (if you chose to use an attorney in arbitration) unless you prevail in the arbitration and the arbitrator finds that you are entitled to recover your fees under the law. Except for claims determined to be frivolous, EV Universe agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. If you bring an arbitration against EV Universe, the arbitration hearing will be held in your hometown area, unless we both agree on a different location.
- SURVIVAL: This arbitration agreement survives the termination of this Agreement between you and EV Universe.
- JURY TRIAL WAIVER. YOU AND EV UNIVERSE EXPRESSLY AND KNOWINGLY WAIVE THE RIGHT TO TRIAL BY JURY. THIS MEANS THAT IF FOR ANY REASON THE ARBITRATION AGREEMENT CONTAINED IN SECTION 7 IS NOT ENFORCED OR IS FOUND INAPPLICABLE, OUR CLAIMS AGAINST EACH OTHER WILL BE RESOLVED BY A JUDGE RATHER THAN A JURY.
Disclaimer of Warranties, Limitation of Liability, and Indemnification
- IF YOU RELY ON THE EV UNIVERSE SITES OR ANY INFORMATION, PRODUCT, OR SERVICE MADE AVAILABLE THROUGH THE EV UNIVERSE SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THE EV UNIVERSE SITES. THE EV UNIVERSE SITES ARE PROVIDED TO YOU “AS IS.” EV UNIVERSE AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE EV UNIVERSE SITES (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED, OR PROMOTED ON, OR SOLD THROUGH THE EV UNIVERSE SITES), INCLUDING INSIGHTS OR INFORMATION OFFERED TO OR SHARED WITH YOU BY AN EV UNIVERSE REPRESENTATIVE. NEITHER WE NOR THEY GUARANTEE THAT THE EV UNIVERSE SITES WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE EV UNIVERSE SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EV UNIVERSE AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE EV UNIVERSE SITES BY YOU OR ANY THIRD PARTY.
- UNDER NO CIRCUMSTANCES WILL EV UNIVERSE OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE EV UNIVERSE SITES OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE EV UNIVERSE SITES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF EV UNIVERSE AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THE EV UNIVERSE SITES WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE EV UNIVERSE SITES OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER’S RIGHTS ARISING FROM OR IN CONNECTION WITH THE EV UNIVERSE SITES.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.
- YOU AGREE TO INDEMNIFY EV UNIVERSE AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE EV UNIVERSE SITES OR ANY BREACH OF THIS AGREEMENT.
- To obtain access to certain services from the EV Universe Sites (for instance, to manage your seller listing on the EV Universe Sites), you may be required to register on the EV Universe Sites. As part of the registration process, you will be required to select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete, and that you will not register under the name of another person. Failure to provide accurate and timely information may result in your account being closed and/or your access to content provided through your account being suspended, discontinued, or removed. We reserve the right to disallow use of a user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the EV Universe Sites through any username/password assigned to you. You will notify EV Universe’s Security Officer of any known or suspected unauthorized use of your account via [email protected]
- You are responsible for keeping your user name and password credentials protected and confidential. You are solely responsible for any login, use, or activities, whether authorized or not, that occur under your account, including activities resulting from any failure to maintain the confidentiality of such user name and password.
- Notice of Copyright Infringement. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via the EV Universe Sites, please notify us by sending an email to [email protected] or by sending a notice by U.S. Mail to: EV Universe Inc 13200 Strickland Rd., Suite 114-305, Raleigh, NC 27613 Attn: Mike Dull. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the EV Universe Sites the allegedly infringing material appears that will allow us to locate the material; (4) your contact information, including your address, telephone number, and, if available, email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
- We want potential buyers visiting the EV Universe Sites to feel free to share their email addresses with those listing vehicles for sale on the EV Universe Sites. By accessing the EV Universe Sites, you agree not to use information concerning other users of the EV Universe Sites, or the vehicles they have listed or searched for on the EV Universe Sites (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed vehicle.
- This Agreement has been made in, and will be construed in accordance with the laws of, the State of Delaware, without regard to its choice of laws rules.
- Please report any violations of this Agreement to [email protected] or by sending a notice by U.S. Mail to: EV Universe Inc 13200 Strickland Rd., Suite 114-305, Raleigh, NC 27613
END OF AGREEMENT