Terms 

What you can expect from us and what we expect from you 

 

Applicability

These General Terms and Conditions (“Elkington Electric Terms”) apply to the website owned, operated, and maintained by or on behalf of Elkington Electric, LLC and its affiliates (collectively, “Elkington Electric” or “we” or “us”) and the products (including Elkington Electric vehicles), content, services data, software, and tools accessed or sold through Elkington Electric’s website (the “Site”), applications (including mobile applications), vehicles, at Elkington Electric events, or at Elkington Electric’s physical locations (collectively the “Services”). In the event of a conflict between these Elkington Electric Terms and any signed contract between you and Elkington Electric, or its affiliates, the signed contract shall control to the extent of such conflict. 

THESE ELKINGTON ELECTRIC TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE ELKINGTON ELECTRIC TERMS CAREFULLY. 

THESE ELKINGTON ELECTRIC TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS (SEE THE SECTION ENTITLED “DISPUTE RESOLUTION – ARBITRATION AND CLASS ACTION WAIVER" BELOW).  

BY CREATING AN ELKINGTON ELECTRIC ACCOUNT, USING ELKINGTON ELECTRIC MOBILE APPLICATIONS OR ELKINGTON ELECTRIC WEBSITES, PLACING AN ORDER FOR AN ELKINGTON ELECTRIC VEHICLE OR OTHER PRODUCTS OR SERVICES, INCLUDING CHARGING AND VEHICLE SERVICE FROM ELKINGTON ELECTRIC YOU ACCEPT AND ARE BOUND BY THESE ELKINGTON ELECTRIC TERMS. 

YOU MAY NOT ORDER OR OBTAIN A ELKINGTON ELECTRIC VEHICLE OR PRODUCTS OR SERVICES FROM ELKINGTON ELECTRIC IF YOU (A) DO NOT AGREE TO THESE ELKINGTON ELECTRIC TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ELKINGTON ELECTRIC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. 

Dispute Resolution – Arbitration Agreement and Class Action Waiver  

Binding Arbitration

To the fullest extent permitted by applicable law and except for small claims or if you choose to opt-out as provided below, you and Elkington Electric agree to resolve any claims, demands, disagreements, or disputes between us whether based in contract, tort, statute or otherwise arising from or related to these Elkington Electric Terms or our relationship, including advertising and other communications between you and Elkington Electric, Elkington Electric Products or Services, and as applicable, your credit application, or the purchase or condition of a vehicle (a “Dispute”) by binding arbitration conducted by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules, unless you and we agree otherwise. For more information on arbitration and to access the AAA Consumer Arbitration Rules, please visit: www.adr.org.  If the AAA Consumer Arbitration Rules conflict with this Agreement, then this Agreement shall control. You and we understand that we are both waiving our rights to go to court (other than small claims court, as provided below), to present our claims to a jury and to have claims resolved by a jury trial, and also that judicial appeal rights, if any, are more limited in arbitration than they would be in court. 

Confidentiality

Unless otherwise prohibited by federal or state law or regulation, any arbitration, and any award issued in an arbitration, shall be kept confidential, except to the extent necessary to seek court intervention (such as to enforce an award). 

Initial Dispute Resolution Requirement

Most disputes can be resolved without resort to arbitration or small claims court. For any Dispute, you and we agree that before taking any formal action to initiate arbitration or a small claims suit we will contact the other in an attempt to resolve the Dispute. You will contact us at demands@Elkington Electric.com and provide a brief, written description of the Dispute and your contact information (including your Elkington Electric ID, if you have one). We will contact you at your contact information on file with Elkington Electric. You and Elkington Electric agree to use reasonable efforts to settle any Dispute directly and good faith negotiations shall be a pre-condition to either party initiating a small claims suit or arbitration.  

Filing a Demand for Arbitration

If the parties do not reach an agreed-upon solution within a period of 60 days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration. In order to initiate arbitration, you must file an arbitration demand with AAA. You can find information about AAA and file your arbitration demand at https://www.adr.org/support. You are also required to send a copy of the arbitration demand to us and you should send it by email to: arbitration@Elkington Electric.com. 

Fees & Costs

AAA’s Consumer Arbitration Rules will govern the allocation of arbitration fees and costs between you and Elkington Electric. However, if your arbitration case filing fee exceeds the filing fee you would pay to file the action in a court of law, Elkington Electric will pay the amount of your case filing fee in excess of the filing fee you would pay in a court of law. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if s/he finds that applicable law allows such reimbursement because your claims were frivolous or brought in bad faith. You are responsible for your own attorneys' fees unless applicable law provides otherwise.  

Arbitration Location and Procedure

Arbitration shall be initiated and take place in the city or county of your residence unless you and Elkington Electric agree otherwise, or, if you reside outside of the United States, in Orange County, California. If your claim does not exceed $25,000, then the arbitration will be conducted solely on the basis of documents you and Elkington Electric submit to the arbitrator. If your claim exceeds $25,000, you and Elkington Electric may agree to conduct arbitration by videoconference or teleconference or conduct a document-only arbitration without any hearing. 

Applicable Law

This Dispute Resolution – Arbitration and Class Action Waiver, its subject matter, formation and enforceability will be governed by the Federal Arbitration Act as interpreted by the federal courts, and not any state law regarding arbitration. The statute of limitations laws of the State in which Elkington Electric is licensed to sell motor vehicles that is nearest to your delivery address, without regard to choice or conflict of law principles, will apply to any claims brought in arbitration. 

Arbitrator’s Powers

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Section, including but not limited to any claim that all or any part of this Section is void or voidable, whether a claim is subject to arbitration or the question of waiver by litigation conduct. However, the parties agree that any issue concerning the validity of the class action waiver below must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver. The arbitrator shall be empowered to grant whatever relief would be available to you in your individual capacity in a court under law or in equity, including public injunctive relief. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. 

Class Action Waiver

The parties further agree that the arbitration shall be conducted in each party’s respective individual capacity only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND ELKINGTON ELECTRIC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, NEITHER YOU NOR ELKINGTON ELECTRIC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CONSUMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If a court or arbitrator finds this Class Action Waiver provision to be unenforceable as to a particular class or representative action, then this entire Dispute Resolution – Arbitration and Class Action Waiver Section shall be null and void as to that class or representative action, and the action may only be brought in court rather than in arbitration. 

Small Claims Court

Subject to the Initial Dispute Resolution Requirement, either party may bring an individual action in small claims court consistent with the jurisdictional limits that apply to that forum.  

Opt-Out Right

You may opt-out of this Dispute Resolution – Arbitration and Class Action Waiver Section within 30 days from the date you electronically sign this Agreement (your acceptance of these Elkington Electric Terms provides your electronic signature to this Agreement), by sending an email to optout@Elkington Electric.com from the email associated with your Elkington Electric ID with “Opt-Out of Arbitration” in the subject line and, in the body of the email, your full name and address.  You agree that any request will not apply to subsequent agreements between you and Elkington Electric unless the other agreement provides an option to opt out and you follow the requirements outlined in that agreement. 

 

Severability

Except as provided in the Class Action Waiver Section above, if any competent legal authority determines any part of this Dispute Resolution – Arbitration and Class Action Waiver Section is illegal or unenforceable, then such part will be eliminated and the remainder of this Dispute Resolution – Arbitration and Class Action Waiver Section will remain in force and effect and the unenforceable part shall be deemed to be modified solely to the extent necessary to make it enforceable. 

 

Survival

This Dispute Resolution – Arbitration and Class Action Waiver shall survive the end of this Agreement and/or your relationship with Elkington Electric, including the end of any promotion or contest, opt-out of communication or other use or participation in any Elkington Electric Product or Service. 

 

Elkington Electric Account

In order to use most of Elkington Electric’s products and Services, you are required to create and maintain a personal account (the “Elkington Electric Account”). Account creation requires you to submit certain personal and payment information which is subject to Elkington Electric’s Payment Terms. You agree to maintain complete, accurate, and up-to-date information in your Elkington Electric Account. You are responsible for all activity or transactions that occur under your Account, and you agree to maintain the security and secrecy of Your Elkington Electric Account username and password at all times. You agree to make any other users assigned access or roles, or provided access via a physical key, keycard, or other access device related to your Elkington Electric products, Services, or vehicles, aware of these Elkington Electric Terms and Elkington Electric’s Privacy Notice. 

Text Messages, Notifications, and Telephone Calls

By agreeing in writing to these Elkington Electric Terms, you understand that by providing your wireless telephone number(s) now or in the future, you consent to being contacted at those numbers or addresses using prerecorded artificial voice messages and/or automatic telephone dial devices. You understand and agree that providing your wireless telephone number and consenting to receive calls or texts at that number is not a condition of purchase. You also consent to receiving emails to any email address(es) you provide. You further understand and agree that these communications may contain your non-public information. You explicitly confirm that this consent covers the use of these contact methods to call or send text messages to the wireless telephone number(s) and to send text or email messages to the email address(es) you provide, for which you may incur a charge. You can control permission for calls or texts by contacting customerservice@Elkington Electric.com. 

When you opt-in to Elkington Electric Alerts by providing your number or asking us to contact you via text message Elkington Electric will send you a message to confirm your signup. The frequency of the Elkington Electric Alerts varies and is dependent on your requests and the related products and services from Elkington Electric. 

Elkington Electric uses this service to communicate with you and to send you notifications about our products and services including appointments or reminders you have requested. 

You may cancel at any time. Just text “STOP” in response to the message from your mobile phone number and Elkington Electric will send you a final message confirming your choice. If you text “HELP” we will provide instructions on our service and how to unsubscribe.  

Elkington Electric can deliver messages to the following major mobile phone carriers and most other U.S.-based carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, Virgin Mobile. Carriers are not liable for delayed or undelivered messages. 

Message and data rates may apply for any messages sent or received. Texting “STOP” will only control for that specific number and for this specific service. If you have other concerns, feedback, or want to exercise other rights you have under the law, such as certain other opt-out rights please email customerservice@Elkington Electric.com. 

Indemnity

You agree to defend, indemnify, and hold harmless Elkington Electric and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Elkington Electric arising out of or relating to your use of the Site and/or Services, your violation of these Elkington Electric Terms, or your violation of any rights of another. 

Limitation of Liability

No Consequential or Indirect Damages. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL ELKINGTON ELECTRIC OR ANY OF ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE ELKINGTON ELECTRIC TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT A PROPOSED DEFENDANT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. 

Maximum Liability. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL ELKINGTON ELECTRIC’S OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS THESE ELKINGTON ELECTRIC TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO ELKINGTON ELECTRIC PURSUANT TO THESE ELKINGTON ELECTRIC TERMS. 

This extends to your downloading, UPLOADING OR SUBMISSION of any materials, data, text, images, video or audio from OR TO this Site, including but not limited to any issues caused by viruses, bugs, or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections. In the event of any problem with this Site, you agree that your sole remedy is to cease using the Site. 

Force Majeure

Elkington Electric will not be liable or responsible to you, nor be deemed to have defaulted or breached these Elkington Electric Terms, and you will not be liable or responsible to Elkington Electric, nor be deemed to have defaulted or breached these Elkington Electric Terms (except for your failure to meet your payment obligations), for any failure or delay in performance under these Elkington Electric Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our or your reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. 

Severability

If any competent legal authority determines any part of these Elkington Electric Terms is illegal or unenforceable, then such part will be eliminated and the remainder of these Elkington Electric Terms will remain in force and effect and the unenforceable part shall be deemed to be modified solely to the extent necessary to make it enforceable. 

Vehicle Wireless Connectivity

Elkington Electric vehicles are internet connected vehicles that use third-party wireless carrier services to maintain a wireless internet connection for various purposes. You hereby acknowledge and agree that your access to or use (of any kind or for any purpose) of a Elkington Electric vehicle and/or any connectivity features of such vehicle is subject to these Elkington Electric Terms.  

Further, with respect to any use, purchase, lease, rental or other access to a Elkington Electric vehicle, you understand and agree that you: (1) have no contractual relationship with the underlying wireless service carrier; (2) are not a third party beneficiary of any agreement between Elkington Electric and the underlying carrier; (3) that the underlying carrier has no liability of any kind to you, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise; (4) that data transmissions and messages may be delayed, deleted or not delivered, and 911 or similar emergency calls may not be completed; and (5) the underlying carrier cannot guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of the services. 

Certain in-vehicle features or Services may require enhanced vehicle wireless connectivity at an additional cost to you. We will notify you of any additional costs associated with such in-vehicle features or Services. You hereby acknowledge and agree that your purchase and/or use of such in-vehicle features or Services is subject to the Elkington Electric Payment Terms and any other terms applicable to such in-vehicle features or Services. 

Other Applicable Elkington Electric Terms

 

In addition to these Elkington Electric Terms, your use and/or receipt of the Services may be governed by additional terms. The following additional terms governing vehicle charging, payments for Services, vehicle service, roadside assistance, vehicle and charger warranty information, your Elkington Electric Membership, and the FleetOS and Elkington Electric Energy Cloud business portals are incorporated into and made a part of these Elkington Electric Terms. 

Third Party Partner Terms and Conditions

 

Elkington Electric offers the ability to access third party services including roadside assistance, service, connectivity, charging, and other products and Services via Elkington Electric vehicles, the Elkington Electric Apps and the Site. These third-party partners may have their own terms and conditions, including payment terms and privacy policies. You agree that any use of these products, services, or functionality is subject to these additional legal agreements with those partners, where applicable. 

Termination 

 

Elkington Electric may permanently terminate or temporarily suspend all or part of your access and rights to Elkington Electric Services at any time without notice to You.  

Reservations and Orders

Elkington Electric has partnered with Classics and Customs to facilitate all reservations and orders. All reservations are fully refundable. All refund requests are to be requested from and processed through Classics and Customs, which may take up to 3 months to be refunded. The reservation deposit secures your place in line for purchasing a vehicle — vehicle options and pricing are subject to change.

Updates to the Terms and Conditions

 

Elkington Electric may modify these terms and conditions at any time with or without notice to You. Your continued use of the Site and/or Services will be deemed as acceptance of any such new terms and conditions.  

Choice of Law

 

These Elkington Electric Terms, its subject matter and its formation, and any related non-contractual disputes or claims, are governed by the laws of California, U.S.A., without regard to choice or conflict of law principles of any jurisdiction, except as otherwise provided in the Arbitration Agreement or the supplemental terms applicable to your region or a specific product or service. This Choice of Law provision applies only to the interpretation of these Elkington Electric Terms and is not intended to create any other substantive right to non-Californians to assert claims under California law or bring claims in California courts whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in the Arbitration Agreement, are only intended to specify the use of California law to interpret these Elkington Electric Terms, and these provisions shall not be interpreted as generally extending California law to you if you do not otherwise reside in California. With respect to Vehicle purchase or service, the law in the State in which Elkington Electric is licensed to sell motor vehicles that is nearest to your delivery address or the location where you actually purchased your vehicle, if different, shall apply to any transactions with that licensed dealership location. 

Elkington Electric’s Intellectual Property

 

Elkington Electric is the owner or the licensee of the Site, including the source code, and Elkington Electric Apps, all content of the Site, and all the material published on the Site, as well any newsletter, updates, emails, and/or social media or informational updates and/or postings (collectively “Content”). Elkington Electric owns or licenses various trademarks, graphics, logos, designs, page headers, button icons, scripts and service names.  

You acknowledge and agree that Elkington Electric’s (i) patents, copyrights, trademarks, service marks, trade secrets, Content and other intellectual property (collectively, “Intellectual Property”) are solely Elkington Electric’s property, and (ii) nothing in these Terms shall confer in you any right of ownership or license rights in our Intellectual Property or the Intellectual Property of Elkington Electric’s licensors or suppliers. In addition, you shall not now or in the future contest the validity of our Intellectual Property. Without limiting the previous sentence, the Services, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of Elkington Electric or its licensors or suppliers, and are protected by U.S. and international copyright, trademark and other laws, regulations or treaties. The compilation (meaning the collection, arrangement, and assembly) of all Content associated with the Services is the exclusive property of Elkington Electric and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content through our Services is strictly prohibited. 

Subject to your compliance with these Elkington Electric Terms, Elkington Electric grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Sites and the Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Sites, the Services, or any other content available via the Sites or the Services. All rights not expressly granted to you in these Elkington Electric Terms are reserved and retained by Elkington Electric. 

User Content and Standards

 

If you provide us with any text, graphics, photos or other materials or content (“User Content”), you grant us a non-exclusive, perpetual, transferable, irrevocable, assignable, royalty-free, fully paid up, sub-licensable right and license to use, reproduce, distribute, create derivative works from, publicly perform, display, store, digitally perform, make or deliver digital audio transmissions, encode, transcode, publish (online, through the Services, on any other website(s), as well as through mobile channels, and offline, in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize User Content, or any portion thereof, in any manner and context, in any way, in any and all media now known or hereinafter developed and on any device(s), whether or not portable, wired, or wireless, without limitation, throughout the universe. You further agree to waive your right to be identified as the author of User Content and your right to object to derogatory use or treatment of such User Content. If Elkington Electric does decide, in its sole discretion, to attribute User Content to you, you hereby grant Elkington Electric the right to use your name (and/or any user name), image, likeness, and/or photo with respect to such attribution, and you waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your name, image, likeness and/or photos. You hereby agree to waive all claims of moral rights associated with being the author of User Content, and to consent to Elkington Electric doing all acts that would otherwise constitute an infringement of your moral rights, as well as waive the right to inspect or approve the finished video, photograph, sound track, web site, advertising copy or printed matter that may be used in conjunction therewith or to the eventual use in any media that it might be applied. The rights you grant above are irrevocable during the entire period of the protection of your intellectual property rights associated with such User Content. You agree that Elkington Electric (i) is not under any obligation, whether of confidentiality, attribution or otherwise, and will not be liable for any use or disclosure of any User Content; (ii) is under no obligation to post, display or otherwise use any User Content; (iii) has no obligation whatsoever to provide you any compensation for the use or display of your User Content or otherwise from the exercise of the rights granted under this Section, even if Elkington Electric receives compensation therefrom; (iv) has the right (but not the obligation) to monitor the User Content that you or third parties post, and to alter or remove any such User Content; and (v) has the right to disclose User Content and the circumstances surrounding its transmission to any third party in order to operate the Services, to protect ourselves and third parties, and to comply with legal obligations or governmental requests. 

You are prohibited from posting any libelous, obscene, defamatory, offensive, hateful, sexually explicit/pornographic, violent, promoting of discrimination, misrepresentative of actual identity, or other materials that would violate any laws or be deemed inappropriate by Elkington Electric. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. Elkington Electric may take any action Elkington Electric reasonably deems necessary to cure or prevent any violation of these standards, including removal from this Site. In addition, Elkington Electric will fully cooperate with law enforcement authorities requesting us to disclose the identity of any such individuals. 

You represent and warrant that any information you provide to us, to other users, or to visitors, including but not limited to User Content, (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) doesn’t involve the sale of counterfeit or stolen items; (d) doesn’t infringe any third party’s copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) is yours or you have the necessary licenses, rights, consents, and permissions to such information and to grant the rights and licenses to Elkington Electric under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all such information in the manner contemplated in these Terms; (f) doesn’t violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (g) doesn’t contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (h) is not intended to circumvent or violate the letter and spirit of these Terms and the lawful functioning of Elkington Electric’s websites. 

You further represent and warrant that you have the written consent, release, and/or permission of each and every person identified in any information you provide, including but not limited to User Content, to use the name or likeness of such person or, if such persons are minors, the written consent, release, and/or permission of such minor’s parent or legal guardian. 

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Elkington Electric, you acknowledge and agree that: (a) your Contributions don’t contain confidential or proprietary information; (b) Elkington Electric isn’t under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Elkington Electric shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media now known or later developed and throughout the universe; (d) Elkington Electric may have something similar to the Contributions already under consideration or in development; (e) your Contributions, including any intellectual property rights therein, automatically become the property of Elkington Electric without any obligation of Elkington Electric to you; and (f) Elkington Electric is free to use any ideas, concepts, or techniques that you send Elkington Electric for any purpose, including but not limited to, developing and marketing products that incorporate such ideas, concepts or techniques; and (g) you aren’t entitled to any compensation or reimbursement of any kind from Elkington Electric under any circumstances. 

Elkington Electric Applications

License

Subject to your compliance with these Elkington Electric Terms, Elkington Electric grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to download, install, access and use the Elkington Electric Mobile Application and/or other applications offered by Elkington Electric (“Elkington Electric Apps”) and the content available on the Elkington Electric Apps on your personal or corporate-approved device solely in connection with your use of Elkington Electric’s products or services. Any rights not expressly granted herein are reserved by Elkington Electric and Elkington Electric’s licensors. 

Restrictions

You shall not (a) copy the Elkington Electric Apps, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Elkington Electric Apps; (c)reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Elkington Electric Apps or any part thereof; (d)remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Elkington Electric Apps, including any copy thereof; (e)rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Elkington Electric Apps, or any features or functionality of the Elkington Electric Apps, to any third party for any reason, including by making the Elkington Electric Apps available on a network where it is capable of being accessed by more than one device at any time; or (f)remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Elkington Electric Apps; or (g) use the Elkington Electric Apps in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.   

App Stores

You acknowledge and agree that the availability of the Elkington Electric Apps may be dependent on the third party from which you received the applicable Elkington Electric Apps’ license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that these Elkington Electric Terms are between you and Elkington Electric and not with the App Store and that Elkington Electric is responsible for the provision of products and services as described in these Elkington Electric Terms. However, if you downloaded the Elkington Electric Apps from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of this agreement. Upon your acceptance of these Elkington Electric Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Elkington Electric Terms against you as a third-party beneficiary thereof. These Elkington Electric Terms incorporate by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of Apple’s Licensed Application End User License Agreement and these Elkington Electric Terms, these Elkington Electric Terms will control. 

Updates/Features

Elkington Electric has no obligation to provide you with updates or upgrades to the Elkington Electric Apps and Services. Elkington Electric may remove or deprecate all or part of the features or functionality from the Elkington Electric Apps and/or Services at its sole discretion and without obligation or notice to you.  

Safety

Do not use the Elkington Electric Apps during the operation of an automobile or any activity which requires your full attention. You must observe all traffic laws and only use the Elkington Electric Apps while your automobile is stationary and parked. 

 

Ownership

You acknowledge and agree that the Elkington Electric Apps are provided under license, and not sold, to you. You do not acquire any ownership interest in the Elkington Electric Apps under these Elkington Electric Terms, or any other rights thereto other than to use the Elkington Electric Apps in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Elkington Electric Terms. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Elkington Electric Apps, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Elkington Electric Terms. 

  

Open Source Software

Software embedded or accessed by the Elkington Electric Mobile Application may utilize open source software. Please see the Elkington Electric Open Source pages for more information. 

 

Collection and Use of Your Information

You acknowledge that when you download, install, or use the Elkington Electric Apps, Elkington Electric may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device and about your use of the Elkington Electric Apps. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Elkington Electric Apps or certain of their features or functionalities. All information we collect through or in connection with the Elkington Electric Apps is subject to the privacy policy linked in the applicable app. By downloading, installing, using, and providing information to or through the Elkington Electric Apps, you consent to all actions taken by us with respect to your information in compliance with the applicable privacy policies. 

The Site

Third-Party Links

The Site may contain hyperlinks (“links”) to web sites operated by persons or entities other than Elkington Electric (“third-party Web Sites”) or to co-branded web sites operated by a third party, including affiliates (“co-branded web sites”). We provide such links for your reference and convenience only. A link from Elkington Electric to a third-party web site does not imply or mean that we endorse the content on that third-party or co-branded web site or the operator or operations of that web site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded web sites to which you might link from the Site. ELKINGTON ELECTRIC IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION. 

In addition, portions of the Site may be electronically hosted by other third-party service providers. Elkington Electric has, unless explicitly indicated otherwise, no control over the content or functionality of those sites and resources. Elkington Electric does not endorse, guarantee, or make any representations or warranties regarding any other website, content, or materials or information accessible from any other website. 

Children’s Online Privacy Protection Act

The Site is not designed or intended to collect information from children under the age of 13. Elkington Electric does not knowingly collect or maintain any information from children under the age of 13. The Site is not designed with the purpose of attracting any person under age 13. To respect the privacy of children and to comply with the Children's Online Privacy Protection Act, if you are under the age of 18, you should only use the Site with the involvement of a parent or guardian. 

No Reliance on Information

Elkington Electric’s Site provides no information which can be used for investment and/or transactional decisions. The Content is provided for information only and is of a general and approximate nature and it is not intended to amount to, nor is, information or advice on which you should rely. In particular, the Content does not constitute professional, financial or investment advice. Professional or specialist advice should be obtained before taking, or refraining from, any action on the basis of the Content. Elkington Electric is not acting, nor is it seeking to act, as a broker or dealer in respect of any securities of any companies or the information concerning such companies. 

Cautionary Statement Regarding Forward-Looking Statements

Elkington Electric’s web pages, blog posts, stories, news, updates, posts, press releases, presentations, audio and video files of events (whether live or recorded) and other documents, photographs and videos on our website and in our social media postings contain, among other things, forward-looking statements that reflect management's current expectations, intentions, assumptions, plans and beliefs with respect to future events or plans. The words "anticipate," "assume," "believe," “could,” "estimate," "expect," “going forward,” "intend," "may," "plan," "project," “seek,” "should," “will,” “would,” and similar expressions, identify forward-looking statements (though the absence of such words does not mean that a statement is not forward-looking). Such statements are subject to risks and uncertainties, and may change over time. These forward-looking statements reflect management’s views at the time such statements were made and are not guarantees of any outcome or result or any future performance, prospects or developments. Elkington Electric and its management do not intend to (and Elkington Electric expressly disclaims any obligation to) update or otherwise revise such forward-looking statements, whether as a result of new information, future events or otherwise. You are strongly cautioned that reliance on any forward-looking statements involves known and unknown risks and uncertainties, and any or all of our forward-looking statements may ultimately be inaccurate or incorrect. Accordingly, you should not place undue reliance on any forward-looking statements, which are current only as of the date such statements are made. All forward-looking statements on our website and in our social media postings are qualified by reference to this cautionary statement section. 

No Warranties

THE SITE IS PRESENTED “AS IS” AND NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE REGARDING THE CONTENT OF THE SITE OR ANY MATERIALS PUBLISHED ON THE SITE. 

Specifically, without limitation, Elkington Electric does not warrant that you will be able to use the Site or that any portion of this Site will be free of viruses, Trojan horses, or other technical defects. 

In addition, it is your responsibility to check that the Site’s content is accurate and/or complete. The Site may be updated from time to time and may change its content at any time. Although Elkington Electric makes reasonable efforts to update the information on the Site, it makes no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up-to-date. 

Local Regulatory Restrictions

The Site is not directed at any person in any jurisdiction where (by reason of nationality, residence or otherwise) the access to or availability of the Site is prohibited or which would be subject to any restriction, including registration or other requirements within such jurisdiction. Elkington Electric reserves the right to limit access to the Site to any such persons. Persons who access the Site do so on their own initiative and are responsible for compliance with applicable law. If in doubt, you should seek independent legal advice. 

Accessing and Using the Site

It is not guaranteed that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary “as is” basis. All or any part of the Site, without notice, may be suspended, withdrawn, discontinued, removed or changed. Elkington Electric will not be liable to you if for any reason the Site (or any portion thereof) is unavailable (temporarily or permanently) at any time or for any period. 

You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons to whom you provide access to the Site are made fully aware of these Elkington Electric Terms and other applicable terms and conditions, and that they comply fully with them. 

You may only use the Site for lawful purposes.  

Considerations for Non U.S. Customers

Elkington Electric’s headquarters are located in the United States, and the Site is based in the United States. Please be aware that information you provide to us, or that we obtain as a result of your use of the Site, may be processed and transferred to the United States and be subject to United States law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using the Site, or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in the United States. 

Digital Millennium Copyright Act Notice

Elkington Electric complies with the notice-and-takedown procedures set out in Section 512(c) of the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. If you are a copyright owner and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing Elkington Electric’s Copyright Agent with the following information in writing: 

• The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; 
• 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 permit Elkington Electric, the service provider, to locate the material; 
• Information reasonably sufficient to permit Elkington Electric to contact you, such as an address, telephone number, and, if available, an email address; 
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 

• A statement, under penalty of perjury, that the information in the notification is accurate that you’re authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

You must provide notice of claimed infringement to Elkington Electric’s designated Copyright Agent at: legal@Elkington Electric.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. 

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner to post and use the material in your User Content, you may send a counter-notice containing the following information to the Copyright Agent at the address(es) listed above: 

• Your physical or electronic signature; 
• Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled; 

• A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification; and 
• Your name, address, telephone number, and e-mail address. 

If a counter-notice is received by Elkington Electric’s Copyright Agent, Elkington Electric may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or user, the removed User Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Elkington Electric’s sole discretion.