You are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you may not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review information, for personal use, or to purchase merchandise, unless otherwise specifically authorized by Pace to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by Pace to do so. You will not transmit, offer, copy, publish, display, modify or sell, assign or sublicense any portion of the Site, its software code or any content on the Site. The content and software on this Site is the property of Pace and/or its suppliers and is protected by U.S. and international copyright and trademark laws. In addition to any content or information we may post various notices and credits on pages of the Site, which may not be removed. You may be asked to provide information during processes you engage in on the Site. You represent and warrant that all information you provide will be true, complete and correct, and that you will update all information as it changes. You also acknowledge that complying with laws is your responsibility, AND YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your purchase may be cancelled and you may be prohibited from using the Site.
User Contributions to the Site
We may provide you with opportunities to contribute to the Site, which may include, but not be limited to providing comments about our products or company. Anything that is contributed to the Site by you or other Site users will be referred to in these Terms as “User Content”. You are solely liable for any user content you post on the Site, and any material or information that you transmit to other users of the Site and for your interactions with other users. Please choose carefully any information that you post on the Site. We are not liable or responsible for any user content. The contributions of third parties do not necessarily represent the view or opinions of Pace nor do we endorse or control them. We may not preview User Content before it appears. Users can be held liable for any illegal or prohibited User Content they provide to the Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Site, please notify us at firstname.lastname@example.org. We may investigate your claim and take appropriate action in our sole discretion.
The Site may link to third party sites throughout the World Wide Web. We have no control over these sites or the content within them. We cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. We do not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to link to another site, you agree and understand that you may not make any claim against Pace for any damages or losses, whatsoever, resulting from your use of the Site using links to another site. If you have a problem with a link from the Site, please notify us at email@example.com and we will investigate your claim and take any actions we deem appropriate in our sole discretion.
Access and Interference
You will not:
• Use any manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission.
• Use any device, software or routine that interferes with the proper working of the Site nor shall you attempt to interfere with the proper working of the Site.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• Access, reload or “refresh” transactional pages, or make any other request to transactional servers, more than once during any three second interval.
• Use any robot, spider or other automatic device, process or means to access the Site.
Furthermore, you agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior expressed written permission of Pace or the permission of the owner of such proprietary content.
Unauthorized Use of the Site
We may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, users who submit User Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the User Content they upload does not infringe the copyrights or other rights of third parties (including, but not limited, to trademark, trade secret, privacy or publicity rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing user’s rights to use and/or access to this Site. We may, also in our sole discretion, decide to terminate a user’s rights to use or access to the Site prior to that time if we believe that an alleged infringement has occurred. If you are a copyright owner or agent thereof and believe that any Content or other posted information infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millenium Copyright Act (“DMCA”) containing the following information: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright interest that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple works on a single online site are covered by a single notification, a representative list of such works at the Site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to enable us to locate the material; (iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (v) A statement that you have a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and made under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is is allegedly infringed. Our Designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, email: firstname.lastname@example.org. Please send only DMCA notices to our Designated Copyright Agent. You acknowledge that if you fail to comply with all of the above requirements of this Section, your DMCA notice may not be valid.
PACE CHARGING GROUP, INC. DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES. Beam Charging LLC MAKES NO GUARANTEE OF ANY SPECIFIC RESULT FROM USE OF THIS SITE. PACE CHARGING GROUP, INC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE OR OTHERWISE RELATED TO YOUR USE OF THE SITE. WE ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY VENUE, PERFORMER, PROMOTER, USER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE. Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to email@example.com. We may investigate the claim and take appropriate action, in our sole discretion. Limitation on Liability IN NO EVENT WILL PACE CHARGING GROUP, INC BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, EVEN IF PACE CHARGING GROUP, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Disputes If you have a dispute then the dispute will be governed by the laws of the State of Delaware without regard to its conflict of law provisions and you consent to personal jurisdiction, and agree to bring all actions, exclusively in state and federal courts located in Delaware.
You agree to indemnify and hold Pace and its subsidiaries and affiliates, and Pace and its subsidiaries and affiliates’ respective officers, agents, employees, contractors and principals, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.
© 2015 PACE CHARGING GROUP, INC, and all related logos and designs are trademarks of PACE CHARGING GROUP, INC All rights reserved. Last Updated: February 20, 2015.