Use and access to this website maintained by or on behalf of Smart Charge America, LLC (the ‘Site’) is subject to all the following terms and conditions (‘Terms and Conditions’) and all applicable laws. Smart Charge America, LLC (SCA) is also affiliated with Smart Charge Residential, LLC (SCR), thus all applicable Terms and Conditions under SCA also apply to SCR’s property, logos, language, applications, photos and Terms & conditions. By using, accessing, browsing or viewing this Site, and/or any features of this Site, the user of the Site (‘User’ or ‘You’) accepts, without limitation or qualification, all of the Terms and Conditions set forth herein. Smart Charge America, LLC (‘SCA’) reserves the right to modify these Terms and Conditions at any time without prior notice and as such recommends that the User reads the Terms and Conditions carefully and completely each time this Site is visited or used. If a User of this Site is unwilling or unable to be fully bound by these Terms and Conditions, the User should not access or use the Site.
Unless otherwise explicitly stated, all material including text, images, graphics, drawings, audio recordings, photos and videos (collectively ‘Material’) contained in or displayed on this Site is copyrighted and the Material and the copyrights thereto are either the property of, licensed by, or used with the permission of, SCA and/or one or more of its affiliated or associated companies or other third party entities with which SCA has a contractual business relationship (collectively ‘Associated Entity’). No Material on this Site may be reproduced, copied, published, modified, posted, reposted, performed or distributed in any way without the express written permission of either SCA, for Material not owned or licensed by SCA, the particular Associated Entity owning or licensing such Material.
The User of this Site may use and browse this Site and the Materials owned by SCA (‘SCA Materials’) for his/her own personal information, education, understanding and knowledge, provided all such use is for non-commercial and personal purposes. No permission is given nor are any rights granted to the SCA Materials for any commercial purposes. Unauthorized use, reproduction, copying, posting, reposting, publishing, modification, display, performance and/or distribution of the SCA Materials is a violation of SCA’s copyrights. The use of any Material owned by an Associated Entity (‘Associated Entity Material’) for commercial purposes is expressly prohibited and may be a violation of that entity’s copyright(s). Except for any limited permission as expressly stated and provided herein, nothing contained or stated herein, or within the Site shall be construed, interpreted or read as granting any right or license to anyone to, and/or under, any patent, trademark, copyright, publicity right or other intellectual property right of SCA and/or any Associated Entity.
The User of this Site agrees not to remove, edit or otherwise alter any copyright or other proprietary rights notice contained in or on the Site.
In the event that any material contained on this Site is alleged to infringe a third-party copyright, notification of such allegation should be made directly to SCA in accordance with the procedure set forth below. SCA will process any notices of alleged infringement and take appropriate action as required by the Digital Millennium Copyright Act (DMCA), as well as by all applicable intellectual property laws. As set forth by the DMCA, any notice of alleged copyright infringement is to be sent to SCA’s agent:
Corporate Counsel Smart Charge America, LLC 11417 Glen Falloch Ct. Austin, TX 78754
According to 17 U.S.C. § 512(c)(3), to be effective a notification of claimed infringement must be a written communication provided to the above agent that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that 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 permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has 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.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
To the extent that Site contains, shows or otherwise presents the trademarks, trade dress, trade names, logos, symbols and/or service marks (collectively ‘Trademarks’) of SCA, an Associated Entity, and/or others, whether such Trademarks are registered or unregistered, nothing within this Site or these Terms and Conditions shall be construed, interpreted or read as granting any right or license to anyone under, or to, any such Trademarks. Unauthorized use of the Trademarks by the User of this Site or any third party is strictly prohibited. SCA shall enforce all of its intellectual property rights, including but not limited to rights in its Trademarks, to the fullest extent permitted by law. SCA shall, to the fullest extent available under the law, seek civil and criminal actions against anyone infringing, misusing, copying and/or misappropriating SCA’s Trademarks.
Smart Charge America, LLC, SCA, the SCA logo, Smart Charge Labs (SCL), Smart Charge Solar (SCS), Smart Charge Energy (SCE), Smart Charge Manufacturing (SCM) and Smart Charge Residential (SCR), are all trademarks of Smart Charge America, LLC. Any and all third party trademarks are the property of their respective owners.
The User of this Site agrees not to remove, edit or otherwise alter any trademark, service mark or other proprietary rights notice contained in or on the Site.
*3. Site Use and Content*
This Site is not intended for use by, anyone under the age of 13. The User of this site hereby represents and warrants that he or she is 18 years of age or older. If the User is not at least 13 years of age, the User must not access or use this Site.
SCA, and/or any Associated Entity, separately or collectively, do not warrant or represent in any way that the use of the Site and/or the Materials will not infringe any rights of any third party, and do not warrant or represent in any way the accuracy or correctness of any information provided by, or contained on, the Site. SCA, and/or any Associated Entity, separately or collectively, assumes no liability or responsibility for any errors or omissions in the content, or information presented, in the Site or the Materials. The User of this Site and the Materials assumes and fully accepts all liability and risk for the use and browsing of this Site and/or the Materials. Neither SCA, and/or any Associated Entity, separately or collectively, is in any manner liable for any direct, incidental, consequential, indirect, or punitive damages arising out of the User’s use and/or browsing of this Site and/or the Materials.
THIS SITE IS PROVIDED TO THE USER “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND FROM EITHER AV AND/OR ANY ASSOCIATED ENTITY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF DESIGN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Site may contain information or data that is generated by third parties (such as by Site Users) separately and independent from SCA or any Associated Entity (such as product reviews or ratings) (collectively ‘Third Party Submitted Content’). While SCA will make reasonable efforts to review and monitor the Third Party Submitted Content, however, the User agrees that SCA and any Associated Entity are not in any manner responsible for any Third Party Submitted Content or for any injury, harm, liability, cause of action, including but not limited to libel, slander, defamation, fraud, and/or any other action based on or arising from any omission, error, misrepresentation, inaccuracy, misstatement, misdirection, obscenity, profanity, pornography, resulting from and/or related to any Third Party Submitted Content. SCR and/or any Associated Entity make no endorsement, representation, guarantee and/or warranty as to the authenticity, accuracy, integrity, quality, completeness or correctness of any Third Party Submitted Content. The User of this Site uses all Third Party Submitted Content at his or her own risk.
All information and/or data, including but not limited to pricing, terms, conditions, schedules, descriptions, specifications, images, product and service information and the like, set forth on this Site are subject to change without prior notice. All sales, lease and service commitments for products and services by SCA are subject to the written terms and conditions of the applicable sales, lease, service or other agreement.
This Site may contain information regarding products, services and/or promotions of SCA, and/or its Associated Entities. All the specifications, descriptions and images related to such products, services and/or promotions are based on the relevant information available at the time of posting and may be subject to change without notice. Some products, services and/or promotions shown or described may include optional, limited availability, prototype, pre-production, custom, special order, under development, not commercially available or discontinued equipment or services, and production products, services and promotions may vary. SCA and Associated Entities reserve the right to make changes at any time, without notice, to any and all information related to products, services, and/or promotions, and to the products, services, and/or promotions themselves, set forth on this Site. SCA and Associated Entities reserve the right to introduce or discontinue at any time, without notice, any and all products, services, and/or promotions. Specifications, availability and delivery time of products, services and promotions may vary, including variations by geographic location and local requirements.
*4. Off-Site and/or Linked Content*
SCA and/or any Associated Entity is/are not in any manner responsible for any content, material, images or information contained in, or set forth, displayed or otherwise presented on, any site, page, file, document, or the like that this Site links to (by hypertext links or other means), lists, references or directs the User to (collectively ‘Off-Site Content’). SCA and/or any Associated Entity is/are not in any manner responsible for any injury, harm, liability, cause of action, including but not limited to libel, slander, defamation, fraud, and/or any other action based on or arising from any omission, error, misrepresentation, inaccuracy, misstatement, misdirection, obscenity, profanity, pornography, resulting from and/or related to any Off-Site Content, and/or from the use or viewing of any site, page, file, document, or the like containing Off-Site Content. SCA and/or any Associated Entity make no endorsement, representation, guarantee and/or warranty as to the authenticity, accuracy, integrity, quality, completeness or correctness of the Off-Site Content. The User of this Site uses all Off-Site Content at his or her own risk.
*5. User Actions and Provided Materials*
The User is prohibited from, and agrees not to, submit, send, post, provide, transmit, upload to, and/or display, present, perform on, this Site any materials that are in any manner inappropriate, obscene, lewd, offensive, threatening, unlawful, libelous, slanderous, defamatory, fraudulent, obscene, inflammatory, pornographic and/or profane. The User is prohibited from, and agrees not to, engage in any activity related to the use of this Site that constitutes, may constitute, results in, may result in, supports, aides or in any way encourages or facilitates any criminal offense, unlawful action and/or any civil cause of action. The User agrees to fully indemnify, hold harmless and defend SCA and every Associated Entity and their respective directors, officers, board members, shareholders, managers, employees, contractors, agents and the like from any and all causes of action arising from any of the User’s actions or inactions related to the User’s use of this Site. SCA and each Associated Entity assumes no responsibility or liability that may arise from any unlawful content of the User’s submissions, postings, transmissions, uploads or the like, the entirety of any such liability rests solely and completely with the User.
While SCA and its Associated Entities may solicit User responses to questions or requests set forth on this Site, as well as User comments or feedback on our products or services, please do not submit any ideas, concepts, know-how, inventions, methods, processes, techniques or unsolicited information or data. However, in the event that any submission is made, the User agrees that SCA and/or any Associated Entity is/are free to use and fully disclose, in any manner and for any purpose whatsoever (including, but not limited to, advertisement, marketing, licensing, manufacturing, product and/or service development, and giving or selling to third parties), any and all ideas, concepts, know-how, inventions, information, data, methods, processes, descriptions, techniques, drawings, charts, images, video, audio, statements, testimonials, suggestions, communications, or the like, that the User submits, sends, posts, provides, transmits, uploads to, and/or displays, presents, performs on, this Site (collectively ‘User Provided Material’). The User agrees to grant to SCA and any and all Associated Entities a paid-up, royalty-free, world-wide, non-exclusive, perpetual license, with sub-license rights, to any and all intellectual property rights of the User Provided Material. Any and all User Provided Material will be non-confidential and SCA and/or its Associated Entities shall not be liable for any disclosure thereof. User warrants that it has all right, power, permission and/or authority to grant the herein license(s) to the User Provided Material. The User agrees to fully indemnify, hold harmless and defend SCA and every Associated Entity and their respective directors, officers, board members, shareholders, managers, employees, contractors, agents and the like from any and all causes of action arising from SCA’s or an Associated Entities’ use of the User Provided Material. SCA and each Associated Entity assumes no responsibility or liability that may arise from use of the User Provided Material.
The User agrees to provide SCA and any Associated Entity with legitimate, accurate, correct, factual and complete information and/or data in response to any questions or requests set forth on this Site. The User agrees to request information from SCA or any Associated Entity only for legitimate purposes and shall not be done for any purposes that are in any way inappropriate or unlawful.
The User agrees not to: (1) use any site search/retrieval application (or other such devices) to retrieve or index any portion of this Site; (2) collect any information about other Users (including usernames and/or email addresses) for any purpose; (3) create fake or automated user accounts; (4) send unsolicited communications (i.e., “spam”); (5) transmit or upload any virus, worm, Trojan horse, software bomb or other item designed to damage or degrade the Site, or any computer or system operating or related to the Site; (6) violate the security of or gain unauthorized access to the Site or any computer or system operating or related to the Site; and/or (7) impose an unreasonable or disproportionately large processing load on the Site.
*6. Payment Terms for Services
These Terms of Service describe your agreement to pay for future services and charges. Smart Charge America (SCA) may amend these terms and any changes are effective when posted to this page.
Information We May Collect
We collect three main types of information related to you or your use of our products and services: (1) information from or about you or your devices; (2) information from or about your Electric Vehicle (EV); and (3) information from or about your homestead. Depending on the SCA products and services you request, own, or use, not all of these types of information may be applicable to you.
From or about you or your devices
We may collect information from or about you (such as your name, address, phone number, e-mail, payment information, etc.) or your devices in a variety of ways, including:
Through the Services: We may collect information from or about you through our websites, software applications, social media pages, e-mail messages, or other digital services (the “Services”), e.g., when you sign up for a newsletter, make a purchase, or register your services or product with us.
From other sources: We also may receive information about you from other sources, such as public databases, joint marketing partners, certified installers, third-party vehicle repair or service centers, and social media platforms.
SCA Account: Customers who purchase certain SCA products will receive a SCA account, which is hosted on our website. We may collect and process the following types of data for your SCA account that you elect to provide to us: your customer registration information; the status of your order; warranty and other documentation for your SCA products; and general information about your SCA products (including, for example, vehicle identification number or other product serial number, service plan information, or connectivity package), insurance forms, driver’s licenses, financing agreements, and similar information. You can access your SCA account to update the information from or about you in that account at any time.
Offline: We may collect information from or about you offline, such as when you visit a SCA store or repair facility, attend one of our events, sign up for a ride and drive or test drive, place an order over the phone, or contact our customer services or sales department.
Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the Services you are using. We use this information to ensure that the services function properly.
Pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some services to, among other things, track the actions of users of the services (including e-mail recipients), measure the success of our marketing campaigns, and compile statistics about usage of the services and response rates.
You can learn about Google’s practices in connection with this information collection and how to opt out of it by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
How We May Use Information We Collect
We may use information we collect to communicate with you, to provide and improve our products and services, and for other purposes. Examples of how we use information for these purposes are provided below.
To communicate with you
We may use information we collect to communicate with you, such as:
To respond to your inquiries and fulfill your requests, such as to send you newsletters or product information, information alerts, or brochures.
To set up, evaluate, and provide feedback regarding your ride and drive or test drive.
To advise you of important safety-related information or to notify first responders in the event of an accident involving your vehicle.
To send administrative information to you, for example, information regarding the services and changes to our terms, conditions, and policies.
To present products and offers tailored to you and to enhance our lists with information from other sources.
To allow you to participate in contests and similar promotions and to administer these activities.
To facilitate social sharing and communications functionality.
Your communication choices:
Receiving electronic communications from us or our affiliates: If you no longer want to receive marketing-related e-mails from us or our affiliates, you may opt out of receiving them by following the opt-out instructions in any e-mail received from us or by contacting us at the address below. Please note that we may still send you important administrative and safety messages even if you opt out of receiving marketing e-mails.
Receiving marketing-related calls from us: If you receive a marketing-related call from us and do not want to receive similar calls in the future, simply ask to be placed on our “do not call” list. Please note that we may still call you regarding administrative, safety, or product service issues even if you opt out of receiving marketing calls.
To provide and improve our products and services we may use information we collect to provide and improve our products and services, such as:
To complete and fulfill your purchase, e.g., to process your payments, have your order delivered to you, communicate with you regarding your purchase, and provide you with related customer service.
To provide service to your SCA product, such as to contact you with service recommendations and to deliver over-the-air updates to your product.
To monitor your SCA product’s performance and provide services related to your product.
To develop and promote new products and services, and to improve or modify our existing products and services.
To analyze and improve the safety and security of our products and services.
To deliver any other services you have requested.
For other purposes
We also may use information we collect for other purposes, such as:
For our business purposes, such as: data analysis; audits; fraud monitoring and prevention; identifying usage trends; determining the effectiveness of our promotional campaigns; and operating and expanding our business activities.
Except as described above and below, SCA may use or share information that does not personally identify you for any purpose, such as for operational or research purposes, for industry analysis, to improve or modify our products and services, to better tailor our products and services to your needs, and where legally required.
How We May Share Information We Collect
We may share information we collect with our service providers and business partners, with other third parties you authorize, with other third parties when required by law, and in other circumstances. Examples of how we share information with these parties and under these circumstances are provided below.
With our service providers and business partners
We may share information with our service providers and business partners when necessary to perform services on our or on your behalf, such as in the following circumstances:
With our third party service providers and channel partners to provide services such as website hosting, data analysis and storage, payment processing, order fulfillment and product installation, wireless connectivity to SCA products, information technology and related infrastructure, customer service, product maintenance or related services, e-mail delivery, credit card processing, auditing, marketing, voice command processing, and other similar services.
With other third party business partners to the extent that they are involved in your purchase or the service of your SCA products. We share limited information from or about you to allow you to take advantage of those services if you elect to utilize them, with such partners as finance, leasing, registration, and title companies.
With other third parties you authorize
We may share information with other third parties you authorize, such as in the following circumstances:
With our certified installers to facilitate the provision of charging and/or energy products to you that you have requested.
With third party service centers or providers, if you choose to utilize them. Note that some information about you is stored on certain SCA products and may be accessible directly to the third party service centers or providers that you choose to utilize to diagnose or service your SCA product.
With third-party sponsors of contests and similar promotions, if you elect to participate.
With other third parties when required by law
SCA may transfer and disclose information, including information that may or may not personally identify you, to third parties to comply with a legal obligation (including, but not limited to, subpoenas); when we believe in good faith that the law requires it; in response to a lawful request by governmental authorities conducting an investigation, including to comply with law enforcement requirements; to verify or enforce our policies and procedures; to respond to an emergency; to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable; or to protect the rights, property, safety, or security of the services, SCA, third parties, visitors to our services, or the public, as determined by us in our sole discretion.
In other circumstances
We may share information in other circumstances, such as:
With your employer or other fleet operator or the owner of the SCA product, if you do not directly own it and as authorized under applicable law.
With a third party in connection with any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
We do not share information that personally identifies you with unaffiliated third parties for their marketing purposes unless you opt in to that sharing.
If you wish to opt out of any processing of information for which you have provided your prior explicit opt-in consent, you may do so by contacting us as indicated in the “Contact Us” section below.
Cross Border Transfers
If you are located in the EEA or Switzerland, we comply with applicable legal requirements providing adequate protection for the transfer of personal information to countries outside of the EEA or Switzerland. SCA has certified its adherence to the EU-U.S. Privacy Shield Framework as set forth by the Department of Commerce and the European Commission with respect to the processing of certain personal information transferred from the EEA to SCA and its wholly-owned U.S. subsidiaries.
Rights and Choices
As detailed in the sections above, we give you many choices regarding our collection, use, and sharing of information from or about you or your use of our products or the services. Subject to applicable law, in certain jurisdictions you may also have the rights to request access to and receive information about certain information we maintain about you, update and correct inaccuracies in that information, and have the information blocked or deleted, as appropriate. These rights may be limited in some circumstances by local law. We give you several methods to access, correct, update, or request blocking or deletion of information from or about you including:
You can access your SCA account to update the information from or about you in that account at any time.
If you would like to review, correct, update, suppress, or delete information from or about you that has been previously provided to us by you, you may contact us at the address below. In your request, please make clear what information you would like to have changed, whether you would like to have the information that you have provided to us suppressed from our database, or otherwise let us know what limitations you would like to put on our use of the information that you have provided to us. For your protection, we may only implement requests with respect to the information associated with the particular e-mail address that you use to send us your request, and we may need to verify your identity before implementing your request.
We will comply with your request(s) to exercise these rights and choices as soon as reasonably practicable.
Please note that we may need to retain certain information for record-keeping or legal compliance purposes and/or to complete any transactions that you began prior to requesting such change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the information provided until after the completion of such purchase or promotion). There may also be residual information that will remain within our databases and other records, which will not be removed.
We seek to use reasonable organizational, technical, and administrative measures to protect information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contact Us” section below.
If you sell or transfer your SCA product to another person, please notify us so that we can determine whether additional steps are required to help safeguard information from or about you from disclosure to the purchaser or transferee of the SCA product.
The services are not directed to individuals under the age of sixteen (16), and we request that these individuals not provide any information to SCA.
Please note that we are not responsible for the collection, use, or disclosure policies and practices (including the data security practices) of other organizations, such as any other app developer, app provider, social media platform provider, operating system provider, or wireless service provider, including any information you disclose to other organizations through or in connection with our software applications or social media pages.
Updates to this Policy
How to Contact Us
To contact us with a question or comment or to opt out from certain services, please contact us:
via e‐mail at firstname.lastname@example.org;
via mail at Smart Charge America, LLC, Attn: Legal, 2112 Rutland Dr., Ste. 160, Austin, TX 78758 United States.
Please note that e-mail communications are not always secure, so please do not include credit card information or sensitive information in your e-mails to us.
If you are located in the EEA or Switzerland, your local SCA affiliate may be the entity responsible for processing your personal information.
Last Updated: February 2017
Copyright © 2017, Smart Charge America, LLC, All Rights Reserved.