Terms of Service
WEBSITE TERMS OF SERVICE
Effective date: June 1, 2022
- Acceptance of Terms of Service. Accessing any website, application, API, or service (“Site”) offered by us constitutes your agreement to the following Terms and Conditions (“Terms”). If you do not agree with these Terms, you may not access the Site.
- Ownership of the Site; Changes to These Terms. The Site is operated by NeoCharge Inc. (“NeoCharge”, “we” or “us” herein). You should check these Terms periodically. Changes will not apply to any orders we have already accepted unless the law requires otherwise.
- Violations of Terms of Service. If you violate any of the terms of these Terms you will have your access canceled and you may be permanently banned from accessing the Site. If you access the Site after we have posted changes to these Terms, such access shall constitute your acceptance of those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date these Terms were last updated.
- Purchasing Process. After placing an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”). This does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”). A contract with us will only be formed when we send you the Shipping Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it.
- All prices posted on the Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email.
- Authorized Payments are Final. Your use of the Site, Service, or Payment Service constitutes your agreement to pay for any amounts, which you authorize us to retain from transactions and, as appropriate, charge to your credit card, bank account, or PayPal account. Such payments, once authorized, are final. When you accept the Service: (a) you shall have no further liability to any party with respect to payment for such services, (b) you acknowledge that we have provided a complete service with respect to the payment made by you for the assumed payment liability or Invoice, as applicable; and (c) you hereby release us from any and all liability with respect to such payment.
- Copyright Ownership. You acknowledge that the Site contains information, data, software, photographs, videos, graphics, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to “fair dealing” under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
- Copyright. All contents of Site or Service are Copyright © 2022 NeoCharge Inc. All rights reserved.
Intellectual Property Infringement. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed;
- A description of where the material that you claim is infringing is located or identified on the Site;
- Your name, address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
75 Higuera St, Ste. 120
San Luis Obispo, CA 93401
- Trademarks. “NEOCHARGE”, “GET NEOCHARGE”, “SMART SPLITTER”, and other marks which may or may not be designated on the Site by a “™” “®” or other similar designation, are registered, pending or unregistered trademarks or service marks of NeoCharge. Our graphics, logos, page headers, button icons, scripts and service names are protectable under applicable trademark and trade dress law. Our trademarks and trade dress may not be used in connection with any product or service that is not authorized by us in writing, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
- Site Access. You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.
- Your Account. If you use the Site, you are responsible for maintaining the confidentiality of the information you submit through the any feature on the Site which enables you to create an account and corresponding password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you related to your account.
- Links. We are not responsible for the content of any sites that may be linked to or from the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site is independent from us, and we have no control over the content of that other website. In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website. In no event shall any link or reference to any third party or third-party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
Disclaimers And Limitations Of Liability. THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. We do not warrant the accuracy, integrity, or completeness of the Content provided on the Site, or the products or services offered for sale on the Site. We make no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. We specifically disclaim warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by us shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. FURTHER, WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST OPPORTUNITY COSTS, PURCHASE OF REPLACEMENT PRODUCT/S, AND/OR TIME OF ASSEMBLY) ARISING OR RESULTING FROM YOUR RECEIPT OF INCORRECT OR INCOMPLETE PRODUCT/S THAT YOU RECEIVED AS A RESULT OF A PURCHASE ON THE SITE.
The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if one of our authorized representatives have been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise, and services available through the Site.
If you are a California resident, you waive California civil code section 1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
- Indemnity. You agree to indemnify, defend, and hold harmless NeoCharge, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) directly or indirectly arising from your access to or use of the Site, including your negligent use of the Site; your violation of these Terms; your violation of the representations, warranties, or covenants set forth in these Terms; any misrepresentations, defective products, or breach of any warranties or agreements made by you in connection with your use of the Site; or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- Online Conduct. You agree to use the Site only for lawful purposes. You agree not 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 NeoCharge or users of the Site, or expose them to liability. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law.
You agree not to harass, advocate harassment, or to engage in any conduct that is abusive to any person or entity. You are prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the Site. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site.
You are also prohibited from violating or attempting to violate any security features of the Site, including, without limitation:
- Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
- Attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
- Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
- Using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
- Forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or
- Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by NeoCharge in providing the Site.
We may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property, our users and customers and/or you.
We reserve the right, but not the obligation, to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers, our rights or any third party. We assume no liability for any action or inaction with respect to conduct, communication, or Content on the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
- Your User Content. For any information, data, software, photographs, videos, and other material (collectively “User Content”), sent, transmitted, or uploaded by you on the Site, you agree to grant us and our respective contractors and business partners a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license in perpetuity to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution. You understand that all your User Content may be visible to, sent to, and viewed by all other users of the Site, and you expressly waive any privacy rights you may otherwise have to your User Content. You agree to allow us, if we elect in our sole discretion, to email your User Content to other users.
You are solely responsible for your User Content and for the resolution of any disputes that arise between you and any other entity or individual because of your User Content. You agree not to post, upload, or transmit any User Content that violates the intellectual property rights of any third-party, including, without limitation, copyright, patent, trademark, trade secret, publicity or privacy rights, or any other proprietary right of any party.
You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including but not limited to User Content that, in our sole discretion, (i) violates these Terms, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
- Your Consent to Notices. You agree that we have the right to send you certain information in connection with the Site. We may send you this and any other information in electronic form to any e-mail address you provide to us through the Site. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to access the Site. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Site.
- Termination Of Usage. We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
Billing and Payment. NeoCharge uses third-party payment service(s), including Shopify Payments, Paypal, SplitIt, and Google Pay (collectively a “Payment Service”) to facilitate orders and payments made by users. These payment services are made available on the Site via an integrated application owned and operated by the third-party Payment Services, not us.
To learn more about Shopify Payments, please visit: https://www.shopify.com/legal/terms-payments-us.
To learn more about Paypal, please visit: https://www.paypal.com/us/webapps/mpp/ua/useragreement-full
To learn more about Google Pay, please visit: https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=buyertos
To learn more about SplitIt, please visit: https://www.splitit.com/legals/splitit-shopper-terms-conditions/united-states/
- Returns and Refunds. All purchased items and sales are final, and are not eligible for a refund, exchange, or store credit. If the product is damaged upon receipt, you must notify NeoCharge via email at [email protected] within two (2) days of receipt. In order to process your exchange, requests must include photographs of the damaged product. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
- Applicable Law. If you access the Site from anywhere in the United States or Canada, you agree that the laws of the State of California, USA, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us.
- Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
- Acknowledgment. By using this Site, you acknowledge that you have read these Terms of Service and agree to be bound by them.