Terms & Conditions

Terms & Conditions

These are the Terms and Conditions (the “Terms”) for the Ampure Charging Systems, Inc. (“Ampure”) website found at ampure.comampure.com and charging.ampure.com/int (the “Sites”).

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 set forth herein.  Your continued use of our Site or continued interactions with us after the date of any such changes become effective constitutes your acceptance of these Terms.

Please be aware that these Terms constitute a binding legal agreement between you and Ampure. You agree you are responsible for your use of our Site and any resulting consequences. You may use our Site and interact with us only in compliance with these Terms and all applicable laws.

Ampure reserves the right to modify these Terms at any time without prior notice and as such recommends that the User reads the Terms 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, the User should not access or use the Site. Any updates to these Terms will be posted on our Site.

1.Representations & Warranties to Ampure

By using our Site, you represent, warrant, and agree:

• You meet all age and eligibility requirements expressed in these Terms;

• You are solely responsible for the accuracy, legality, and appropriateness of your use of the Sites, including all data, files, and communications entered into the Site, as well as the use of downloadable assets generated from the Sites; and

• You will only use our Site for lawful purposes.

2. Site Usage

You agree not to use our Site:

1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise;

3. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;

4. To violate the intellectual property rights of others, including copyright, patent, or trademark rights;

5. To impersonate or attempt to impersonate Ampure, an Ampure employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or

6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Ampure or users of the Site, or expose them to liability.

Additionally, you agree not to:

1. Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;

2. Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;

3. Use any device, software, or routine that interferes with the proper working of the Site;

4. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

5. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, or any server, computer, or database connected to the Site or attack the Site in any way; or

6. Otherwise attempt to interfere with the proper working of the Site.

3. Copyrights

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, Ampure and/or one or more of its affiliated or associated companies or other third party entities with which Ampure 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 Ampure or, for Material not owned or licensed by Ampure, 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 Ampure (“Ampure 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 Ampure Materials for any commercial purposes.  Unauthorized use, reproduction, copying, posting, reposting, publishing, modification, display, performance, and/or distribution of the Ampure Materials is a violation of Ampure’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 Ampure 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 Ampure in accordance with the procedure set forth below.  Ampure 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 Ampure’s agent:

Corporate Counsel

Ampure Charging Systems, Inc.

800 Royal Oaks Drive

Monrovia, CA 91016

According to 17 U.S.C. S 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.

4. Trademarks

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 Ampure, an Associated Entity, and/or others, whether such Trademarks are registered or unregistered, nothing within this Site or these Terms 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.  Ampure shall enforce all of its intellectual property rights, including but not limited to rights in its Trademarks, to the fullest extent permitted by law. Ampure shall, to the fullest extent available under the law, seek civil and criminal actions against anyone infringing, misusing, copying, and/or misappropriating Ampure’s Trademarks.

Ampure Charging Systems, Inc., Ampure, the Ampure logo, EV Solutions, PosiCharge, PosiNet, are all trademarks of Ampure Charging Systems, Inc.  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.

5. 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.

Ampure, 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.  Ampure, 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 Ampure, 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 AMPURE 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 Ampure or any Associated Entity (such as product reviews or ratings) (collectively “Third Party Submitted Content”).  While Ampure will make reasonable efforts to review and monitor the Third Party Submitted Content, however, the User agrees that Ampure 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.  Ampure 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 Ampure 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 Ampure, 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.  Ampure 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.  Ampure 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.

6. Off-Site and/or Linked Content

Ampure 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”).  Ampure 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.  Ampure 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.

7. 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 Ampure 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.  Ampure 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 Ampure 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 Ampure 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 Ampure 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 Ampure 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 Ampure 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 Ampure’s or an Associated Entities’ use of the User Provided Material.  Ampure and each Associated Entity assumes no responsibility or liability that may arise from use of the User Provided Material.

The User agrees to provide Ampure 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 Ampure or any Associated Entity only for legitimate purposes and shall not be done for any purposes that are in any way inappropriate or unlawful.

8. Communications

As part of your use of our Services, you consent to receive electronic notifications from Ampure. You may opt-out of receiving certain notifications from Ampure by completing the opt-out process provided in each email message. By opting-out, you understand that we may not be able to communicate certain information to you. Please note we may still contact you regarding certain transactional announcements or notifications even if you have opted-out from other messages.

9. Purchases

You may make purchases on our Sites. Orders are subject to verification and acceptance before shipping. All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and may result in cancellation of your order. Prior to accepting an order, reserves the right to request additional information from you to verify your identity and validate the billing information to process your order.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the merchandise. You will not be charged for most orders until the order has shipped, however, you will be charged at the time your order is placed for orders paid for with PayPal or Amazon account.

Please note that while we have tried to accurately display the colors of merchandise, the actual colors you see will depend on your monitor and may not be accurate.

We reserve the right to refuse or cancel any order for any reason, including, but not limited to, the following situations:

• Errors in Billing, Payment or Shipping information: Some orders cannot be processed due to an error in information you have provided, which includes, but is not limited to:

• an incorrect credit card or debit card number, expiration date and/or card security value, or information regarding other payment types;

• incorrect billing information (for example, if the billing information you provide is different from information your financial institution has on record);

• an insufficient or incorrect shipping address (including street address, city, state, zip or postal code); or

• any suspected fraudulent information.

• Errors, inaccuracies, and Omissions: Occasionally, there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order). In the event that merchandise is listed at an incorrect price, we have the right to refuse or cancel orders for merchandise listed at the incorrect price.

• Merchandise Shipping Delay or Unavailability: If any merchandise is delayed out of our distribution center or becomes unavailable, or if there is an error on our Sites relating to the order (for example, an error relating to the price or description of merchandise), Ampure may cancel the order in its sole discretion. If this occurs, we will contact you so you are aware.

• Previous Fraudulent Order History: Ampure may refuse to accept any order, or inquire about such order, for merchandise if fraudulent activity is suspected and may refuse to process subsequent orders from customers with a previous fraudulent order history. We also may refuse any orders connected with a previous credit card dispute. If Ampure rejects your order because of an error in pricing or other information about the merchandise, we will notify you at the email address you provided and ask you whether you would like to resubmit your order to purchase the merchandise once the information in the order is validated. If we do not receive a response from you within seven (7) days, Ampure may cancel the order.

• Pricing and Payment Policy: The merchandise and pricing on our Sites may differ from the product assortment and prices available through our wholesale partners. merchandise displayed on our Sites is available while supplies last. Ampure reserves the right to update and make corrections to information on our Sites at any time and without warning and will not be held liable for any inaccurate information or for any information that has been omitted from our Sites. Price and availability information are subject to change without notice. Sales tax is collected on total merchandise orders delivered to those states requiring sales tax. Some states also require us to collect sales tax on shipping charges.

Promotional Codes: Occasionally, Ampure offers promotions through e-mails, catalogs, mailings and advertisements. Once you sign up and agree to receive promotional materials from Ampure, you will receive e-mail promotions and other offers that may include special codes for free shipping or other discount offer. Once you sign up, you may opt out at any time.

By using our Sites, you acknowledge and agree that excessive abuse or misuse of promotional codes and other promotions may result in cancellation of any order. Ampure may restrict redemption of promotional offers to one per person, per household, per email, per IP address or per order for any reason. Promotional codes are limited in nature and may be deleted or expire without notice depending on stock availability. Promotional codes may not be copied, sold, or otherwise shared. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.

Out of Stock Items: If your item is out of stock, we will contact you to discuss how you would like the order handled. Ampure does not back order merchandise.

10. Returns

Ampure will accept the return of unopened Products in its original packaging within thirty (30) days of receipt, subject to a twenty percent (20%) restocking fee.  Payment of any applicable shipping costs for returns are the responsibility of the Customer.

11. Affiliate Marketing

Some of our products or services may be promoted by affiliate marketers, influencers, or brand partners who receive compensation for their endorsements. These individuals are required to comply with applicable laws and disclose any material connections they have with us. However, we do not control guarantee the accuracy of their statements, and their opinions are their own.

12. Termination of Access

Failure to abide by the above section constitutes a breach of these Terms, which may result in immediate termination of your Account or other access to the Site.

Ampure maintains the right to suspend or disable your access to the Site and any Account you may have created, or terminate these Terms, at our sole discretion and without prior notice to you if you breach the Terms, or if Ampure otherwise determines such action is warranted. Ampure reserves the right to revoke your access to and use of the Site at any time, with or without cause.

You are responsible for both:

1. Making all arrangements necessary for you to have access to the Site; and

2. Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

Ampure reserves the right to investigate and take appropriate legal action against anyone who violates these Terms.

13. Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

Our Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting Site. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Ampure, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Ampure. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

14. Governing Law

The validity, interpretation, construction, and performance of these Terms shall be governed by the laws of the United States, where applicable, and otherwise by the laws of the State of Delaware, without regard to its principles of conflicts of laws. Any dispute arising out of these Terms shall be heard in a court of competent jurisdiction over cases and controversies arising in Delaware.

15. No Waiver

The failure of Ampure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

16. Severability

In case any provision of these Terms is found by a court of competent jurisdiction to be invalid, the validity, legality, and enforceability of the remaining provisions will not be affected and remain in full effect. The parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.

17. Claim Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of the use of the Sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

18. Contact Information

hello@ampure.com

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