QMERIT Terms of Use

USE OF THE QMERIT WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.

PLEASE READ THESE TERMS CAREFULLY

Last Updated: October 19, 2016

Please read the following Terms of Use carefully before using www.BMWCharging.com (the "Website") and the services available through the Website (the "Services"). By accessing or using this Website or any of the Services, you agree to all of the terms and conditions set forth below. You should review these terms and conditions regularly as they may change at any time at our sole discretion. If you do not agree to any term or condition, you should not access or otherwise use this Website. Your continued use of the Website and any Services means you accept and agree to be bound by the modified Terms of Use.

  1. We Provide Our Website For Your Convenience Only
  2. Our Website is provided to you without charge as a convenience and for your information only. The purpose of this Website is to help you find a contractor who has demonstrated certain competencies for the installation of specified consumer products in your home (a "Service Provider"). We do not guarantee the qualifications or quality of any Service Provider and, in all cases, it remains your responsibility to negotiate, select and contract with any of the Service Providers featured on this website. By merely providing access to our Content, we do not warrant or represent that:

    For purposes of this agreement, "Content" refers to documents, images, graphics, logos, design, audio, video and any other information provided from or on this website, including the identity, contact information and related content and/or links posted by any of the Service Providers presented on this Website.

  3. How You Can Access the website
  4. You are required to create an account to access certain parts of the Website and any available Services. You will be required to provide login information such as a username and password to access and utilize your account. As a condition of your use of the Website, you agree to (a) provide us with with true, accurate, current and complete information when registering for or using the Website and any available Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password.

    Provided you comply with these terms and conditions, you are hereby granted a nonexclusive, nontransferable, nonsublicensable right to access and use the Website and any available Services for your personal use. You agree not to reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Website or Services or any of its Content for any purpose except for your personal use and as described in this Terms of Use.

  5. You Are Responsible for the Service Provider You Hire
  6. While we designate certain service providers as Certified Installers once those Service Providers submit evidence of having met specific criteria set by us or our Program Sponsor, we do not endorse and are not responsible or liable for any Service Provider, nor any of their related claims, Content, data, advertising, products, goods or services available or unavailable from, or through, a Service Provider or any other third party. We also may, at our option, conduct a background check on a Service Provider's personnel, or request a statement from the Service Provider that they have recently conducted background checks on their personnel, Notwithstanding any steps that we may take, your determination of which Certified Installer to select, as well as your dealings with, or participation in promotions with, any Service Provider and any other terms, conditions, representations or warranties associated with such dealings, are between you and the Service Provider exclusively. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging any Service Provider. Please carefully read our Disclaimers and Limits of Liability in Section 6.

  7. About the Information You Provide
  8. We do not want to receive confidential or proprietary information from you through our Website. You should only transmit information necessary for you to make contact with any Service Providers from whom you wish to receive a quotation, or whom you would like to have contact you directly. If you transmit to or post on our Website any material, data, information or idea by any means, it will be treated as non-confidential and non-proprietary and will be shared with Service Providers with whom you are interacting. This includes any Personally Identifiable Information ("PII") you provide to us. For more information on how we handle PII, please see our Privacy Policy. With regard to any content you submit to us which is not your PII, including reviews of any Service Provider ("User Content"), you agree that:

  9. Code of Conduct While Using the Website
  10. With regard to your use of the Website, you agree not to:

  11. We Provide Our Website "As Is," Disclaim All Warranties and Limit Our Liability
  12. OUR CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

    WE DO NOT ASSUME ANY LIABILITY OF ANY KIND RELATED TO YOUR USE OF THE WEBSITE OR THE SERVICES. IN OTHER WORDS, YOU USE OUR WEBSITE AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS INCLUDES DAMAGES CAUSED BY OR RELATED TO (A) ANY DELAY; (B) FAILURE OF ANY PARTY TO APPEAR; (C) SERVICES THAT NEED TO BE RESCHEDULED, OR WHICH EXTENDS FOR LONGER THAN ORIGINALLY QUOTED OR FOR A HIGHER AMOUNT THAN ORIGINALLY QUOTED OR CONTRACTED; (D) CLAIMS FOR LOSS OR DAMAGE TO PROPERTY, LOSS OF USE, LOSS OF DATA OR LOSS OF PROFIT ARISING OUT OF THE USE OF YOUR PROPERTY, OR ANY SYSTEM, OR THE INABILITY TO USE THIS WEBSITE OR THE SERVICES; (E) COSTS OF ANY EQUIPMENT DAMAGED BY A SERVICE PROVIDER; (F) THE CONDUCT OR STATEMENTS MADE BY ANY SERVICE PROVIDER; OR (G) ADHERENCE OR LACK OF ADHERENCE WITH ANY BUILDING CODES OR OTHER LAWS GOVERNING THE SERVICES, EVEN IF ONE OF OUR REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF YOUR DAMAGES. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF ANY USER, INCLUDING SERVICE PROVIDERS. IN NO EVENT WILL WE OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES OR PROGRAM SPONSORS ("RELEASED PARTIES") BE HELD LIABLE FOR ANY NEGLIGENT, TORTUOUS OR ILLEGAL CONDUCT OF SERVICE PROVIDERS OR OTHER USERS.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. WITH RESPECT TO DIRECT DAMAGES RELATED TO THESE TERMS OF USE, THE LIABILITY FOR SUCH DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE.

    IN ALL EVENTS, YOU WAIVE THE RIGHT TO BRING OR ASSERT ANY CLAIM AGAINST ANY RELEASED PARTY RELATING TO ANY INTERACTIONS OR DEALINGS WITH ANY SERVICE PROVIDER, AND YOU HEREBY RELEASE ALL RELEASED PARTIES FROM ANY AND ALL LIABILITY FOR OR RELATING TO ANY INTERACTIONS OR DEALINGS WITH SERVICE PROVIDERS.

  13. We Do Not Have Responsibility for Links to Third Party Content
  14. We may provide hyperlinks or pointers to other sites maintained by third parties or may provide third party content on our website by framing or other methods. The links to third party sites are provided for your convenience and information only. The content in any linked sites is not under our control so we are not responsible for the content, including any further links in a third party site. If you decide to access any of the third party sites linked to our website, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, Trojan horses and other items of a destructive nature.

  15. If We Provide a Link, We Do Not Necessarily Endorse Any Third Party
  16. We reserve the right to terminate a link to a third party site at any time. The fact that we provide a link to a third party site does not mean that we endorse, authorize or sponsor that site. It also does not mean that we are affiliated with the third party site's owners or sponsors.

  17. If a Third Party Links to Our Website, It is Not An Endorsement
  18. If a third party links to our site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to our site.

    A site that links to our website:

  19. Your Use of Our Website is Restricted
  20. Our Website and its Content are owned and operated by us. The Content is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, the content is protected by trademark laws, the laws of privacy and publicity, and communications regulations and statutes. All right, title and interest to these intellectual properties, including the QMerit Platform which is used to operate the Website, shall be exclusively owned by QMerit.

    No Content from www.qmerit.com, or any other website owned, operated, licensed or controlled by us may be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way. You also may not, without our permission, "mirror" any material contained on our Website on any other server. The sole exceptions to these restrictions are:

    Violation of these restrictions is expressly prohibited by law. If you violate these restrictions, you may be subject to civil and criminal penalties. If we grant you permission to waive these restrictions, the permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded materials and printed materials

    The following is a non-exclusive list of registered and non-registered service marks of QMERIT or its subsidiaries, in the United States and/or other countries or jurisdictions: QMERIT and the QMerit Logo. To the extent a name, logo or design does not appear on the above list, such lack of appearance does not constitute a waiver of any intellectual property rights that QMerit has established in its product or service names or logos, or in product configurations or designs, all of which rights are expressly reserved.

  21. By Providing Content, We Do Not Allow You to Use Our Servicemarks
  22. The service marks and logos of QMerit, along with those of our affiliates and Program Sponsors, which are used and displayed on our Website are our registered and unregistered trademarks, or those of our affiliates and Program Sponsors. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of these trademarks without our written permission. Requests to use trademarks owned by other companies which may be mentioned on this Website should be directed to such other companies. We aggressively enforce our intellectual property rights. The name of QMerit, our logo or any of the trademarks or service marks of our affiliates and Program Sponsors may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior written permission. You are not authorized to use our logo as a hyperlink to our Website unless you obtain our written permission in advance.

  23. You Must Obey Local Laws in Accessing Our Website
  24. The Website is controlled by us from our offices within the United States of America. We make no representation that content or materials in the site are appropriate or available for use in other jurisdictions. If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws, including but not limited to the export and import regulations. We are not responsible for any law violations. You may not use or export the materials in this Website in violation of U.S. export laws and regulations.

    The materials on the Website are subject to the United States Export Administration Laws and Regulations. Diversion of such materials contrary to United States law is prohibited. Neither the materials, nor any information acquired through the use of the Website, may be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor may it be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

  25. Handling of Copyright Claims
  26. In accordance with Section 5, you are responsible for ensuring that User Content you post on our Website does not infringe on the rights of any copyright owned by any other person or entity. We will promptly remove materials in accordance with the Digital Millennium Copyright Act ("DMCA") if we are properly notified that the Content infringes the copyright of any other person or entity in accordance with the procedures set forth in this section. If you were the one who posted the Content, you will be notified and we shall take the other steps set forth in these Terms of Use, which can include termination of your account and/or a demand that you indemnify us for any claims that may arise from your infringing post.

    Any party who believes that their copyrighted materials have been improperly posted or used on the Website in a manner which they believe constitutes copyright infringement should provide us with notification containing all of the following information:

    QMerit, Inc.
    Attn: Copyright Agent
    111 Pacifica, Suite 200
    Irvine, California 92618

    When a valid DMCA notification is received, we will respond under this process by taking down the offending Content, if it has not already been deleted.

    TO FILE A COUNTER-NOTIFICATION:

    If you believe that a complaint made against any Works posted by you is not the subject of a valid copyright Takedown Notice, and that such material was mistakenly removed, you can provide us with a notification containing all of the following information:

    We will also provide counter-notifications to the person making the DMCA claim. Regardless of whether or not we reinstitute the Work in question, the person making the claim may elect to file a lawsuit against you for copyright infringement.

  27. You Agree to Indemnify Us for Using Our Website
  28. By accessing this website, you agree to indemnify, defend and hold harmless QMerit, its officers, directors, employees, agents, licensors, suppliers and any third party Program Sponsors or information providers to us ("Indemnified Parties") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees ("Claims"), resulting from or related to (a) any violation of these Terms of Use by you; (b) User Content submitted by you; and (c) the services you received from any Service Provider. QMerit shall have sole control of the defense of any such Claim.

  29. Third Parties May Have Rights Under This Agreement
  30. Some of the provisions of these Terms of Use are for the benefit of QMerit and its officers, directors, employees, agents, licensors, and suppliers. You acknowledge that each of these individuals or entities, including any party designated as a Released Party or Indemnified Party, shall have the right to assert and enforce those provisions directly against you on its own behalf, and such parties shall be intended third party beneficiaries of these Terms of Use.

  31. How This Agreement May Be Terminated
  32. These Terms of Use may be terminated by either party without notice at any time for any reason provided that you may no longer use our Website after you have terminated these Terms of Use. Provisions 3, 4, 7, 8, 9 and 12-19 of these Terms of Use shall survive any termination.

  33. Notices May Be Provided Electronically
  34. By use of the Website, you consent to receive electronic communications from us via email or directly to your account, and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that we may communicate any notices to you under these Terms of Use, through electronic mail, regular mail or posting the notices on the Website. All notices to us will be provided by either sending: (i) an email to contactus@qmerit.com; or (ii) a letter, first class certified mail, to QMerit, Inc., 111 Pacifica, Suite 200, Irvine, California 92618; Attn: User Services. Notices sent by mail will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

  35. Applicable Law
  36. Any claims relating to our Website and its Content shall be governed by the laws of the State of California without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between us for any purpose concerning these Terms of Use or the parties' obligations shall be brought exclusively in a federal or state court in Orange County, California, and you hereby agree and consent to such exclusive jurisdiction and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court; provided, however, that we may elect, in our sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.

  37. Miscellaneous
  38. These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms of Use, including, without limitation, the Privacy Policy, constitutes the entire agreement between us and supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and QMerit regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers. These Terms of Use are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate this agreement and all rights and obligations hereunder without consent. No joint venture, partnership, employment or agency relationship exists between us as a result of these Terms of Use or use of the Website. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use.