Swing Electric Terms of Service
Last Updated: December 20, 2018
IMPORTANT: The section below titled “Dispute Resolution & Arbitration” requires you to arbitrate claims you may have against Nanogrid Technologies, PBC. ("Nanogrid", "Swing Electric", "Swing" or "we") meaning you cannot bring claims against Nanogrid in court, and confirms your agreement to a class action waiver in arbitration. It affects your legal rights. Please read it carefully.
Welcome to swingelectric.com. These Terms of Service (the "Terms") are a binding legal agreement between you and Nanogrid, regarding your use of our websites (including www.swingelectric.com and app.swingelectric.com), and our services, including our services available through our online tools (the website and services are collectively referred to as the "Service"). Please read these Terms carefully.
In addition, when using certain features of the Service, such as any downloadable software applications, you also will be subject to any additional guidelines, terms, or agreements applicable to such features ("Policies"). All such Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the terms in the Policy will control.
We may periodically make changes to these Terms. By accessing or using the Service or downloading and installing the application, you accept these Terms and any modifications that we may make to these Terms. It is your responsibility to review the most recent version of the Terms frequently and remain informed of any changes to it. If you continue to use the Service after we modify these Terms, you will be deemed to have consented to terms of the modified Agreement for your use of the Service as of the date of the modification. If you do not agree with any provision of these Terms, you must not use the Service.
- The Service. Swing Electric provides a service to help people adopt electric vehicles and related technologies like electric vehicle supply equipment (EVSE) and rooftop solar. Customers can receive test drives and estimates of charger installation costs. Swing Electric partners with car dealerships, utilities, electricians, EVSE manufacturers, car charger networks and solar installers. Swing Electric analyzes and monitors your electricity use to suggest optimal electric rates. Swing Electric provides suggestions of available incentives related to EVs and EVSEs.
- Eligibility. You must be 18 years of age or older to use the Service. You must have valid drivers license to participate in test drives. Use of the Service is void where prohibited. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into and abide by these Terms. The Services are not intended for those under the age of 18.
- Account Registration. You must register for an online account to use certain features of the Service. You may be required to provide billing or additional information. When you register, you agree to (a) provide accurate, current, and complete information about you as may be prompted by registration forms on the Service ("Registration Data"); (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Service; and (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep all such information accurate, current, and complete. You will notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at email@example.com.
- Payments by Swing Electric Customers. You may use the Service to pay invoices from Swing Electric. Swing Electric reserves the right to implement fees or change the fees for certain Services at any time by providing you notice on the Service or otherwise. If you elect to use the Service to pay invoices from Swing Electric, you authorize Swing Electric to charge or to direct its third party payment processors to charge the credit card, debit card, or bank account identified by you (which you represent and warrant that you are authorized to use) for the amount of the selected invoice in US dollars, including all applicable taxes. If you choose to use the Service to make recurring payments, you agree that your credit card, debit card, or bank account will automatically be charged by Swing Electric or its third party payment processors. If you wish to terminate a recurring payment and avoid a charge for a subsequent time period, you must do so at least 7 days before the next recurring payment. You may cancel a recurring payment by emailing Swing Electric at firstname.lastname@example.org. If Swing Electric does not receive payment from your credit card provider or bank, you agree to pay all amounts due upon demand, and Swing Electric may suspend your access to the Service in addition to any other remedies Swing Electric may have under this Agreement. Swing Electric reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. All sales are final and Swing Electric will not issue refunds.
- Promotions. As a part of the Service, we may email or provide you offers and other specials from Swing Electric or from third parties (collectively "Promotions"). Promotions may expire, and are otherwise subject to change without notice. We have no control over their legality or the ability of any third-party to conduct or honor a Promotion (including the sale in accordance with the offer).
- Use of Data. Depending on your user settings and what information you provide us, Swing Electric may help you monitor your home energy usage by providing you with data, including statistics about your energy use or projections about future usage ("Data"). While the Data may represent how your EV, EVSE, or home energy system is functioning, the Data is not strictly used in the calculation of any invoices. Any Data on the Service is for informational purposes only. Swing Electric does not confirm the accuracy of any Data posted to the Service. Swing Electric is not responsible for your use of the Data.
- Use Restrictions. You will not: (a) use the Service for any commercial purpose (unless you have entered into a separate agreement with Swing Electric expressly permitting commercial use); (b) use the Service to "stalk" or harass any person; (c) access, monitor, or copy any content or information on the Service using any robot, spider, scraper, or other automated means or any manual process, including phishing, for any purpose without our express written permission; (d) violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service; (e) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (f) "frame", "mirror", or otherwise incorporate any part of the Service into any other website without our prior written authorization; or (g) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation.
- Modifications to the Service. Swing Electric reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service without notice in our sole discretion. Neither we nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Service.
- Term and Termination. Your online account remains in effect unless you cancel it or unless Swing Electric terminates your account as provided by these Terms. To terminate your online account, please email Swing Electric at email@example.com. Notwithstanding any provision of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your account and to block, restrict, and prevent your future access to, and use of, the Service.
- Feedback. Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to us (collectively "Feedback"), are non-confidential and you hereby grant to us and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use your Feedback for any purpose without compensation or attribution to you.
- Ownership. We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.
- Third-Party Content. The Service may contain links to Web pages and content of third parties ("Third-Party Content") as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness. Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk. The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
- Indemnification. You will defend, indemnify and hold harmless Swing Electric, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
- Disclaimer of Warranties. YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE SERVICE AND YOUR INTERACTIONS AND DEALINGS WITH ANY SERVICE USERS, IS AT YOUR SOLE RISK. THE SERVICE, AND ALL CONTENT AVAILABLE ON AND THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, SWING ELECTRIC AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SWING ELECTRIC DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF IMPLIED WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. WITHOUT LIMITING THIS SECTION, SWING ELECTRIC MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION CONTAINED OR REFERENCED IN THE SERVICE, INCLUDING ANY DATA. TECHNOLOGY CHANGES FREQUENTLY AND THEREFORE INFORMATION CONTAINED ON THE SERVICE MAY BE OUTDATED, INCOMPLETE OR INCORRECT. SWING ELECTRIC DOES NOT ASSUME ANY RISK WHATSOEVER FOR YOUR USE OF THE SERVICE OR THE DATA CONTAINED ON THE SERVICE.
- Limitation of Liability.TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, NEITHER SWING ELECTRIC NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SWING ELECTRIC OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, THE MAXIMUM TOTAL LIABILITY OF SWING ELECTRIC AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS ONE HUNDRED DOLLARS ($100). EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Consent to Electronic Communications. By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- General Legal Notices. Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination. These Terms, including all Policies, constitute the entire agreement between you and Swing Electric concerning the Service. These Terms supersede all prior agreements or communications between you and Swing Electric regarding the subject matter of these Terms.
- Dispute Resolution & Arbitration. Please read this section carefully. It may significantly affect your legal rights, including your right to file a lawsuit in court. These Terms are governed by the laws of the State of California, excluding conflict of laws principles. YOU AND SWING ELECTRIC AGREE TO RESOLVE ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS BY BINDING, BILATERAL ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY JURY. YOU AND SWING ELECTRIC AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
You and Swing Electric agree that the arbitration will be conducted in Alameda County, California and judgment on the arbitration award may be entered into any court of competent jurisdiction. he award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by California law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. Notwithstanding any of the foregoing, nothing in these Terms of Service will preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
- Questions & Contact Information. If you have any questions or concerns about the Service, or these Terms, you may email us at firstname.lastname@example.org or write us at: Nanogrid Technologies, PBC, Attn: Web Site Administrator, 438 61st St, Oakland, CA 94609.