WEAVE GRID AND EVPULSE TERMS OF SERVICE

Last updated May 12, 2020

These Terms of Service (“Terms”) are a legal contract between You and Weave Grid, Inc. (“Weave Grid,” “Us” or “Our” or “We”; collectively with You, “Everyone”) and govern Your participation in (i) evPulse - a program offered by Weave Grid; (ii) any of Our websites (the “Website”); (iii) Our mobile application (the “App”); and (iv) all the text, data, information, software, graphics, photographs and more (the “Materials”; collectively with the evPulse, the Website and the App, the “Service” or “Services”) that We may make available to You. YOUR PARTICIPATION IN EVPULSE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THESE TERMS OF SERVICE (“TERMS OF SERVICE,” “TERMS,” OR THIS “AGREEMENT”). READ THESE TERMS CAREFULLY BEFORE USING ANY OF THE SERVICES. YOUR CHECKING THE TERMS OF SERVICE BOX AND/OR YOUR USE OF THE SERVICES INDICATES THAT YOU HAVE BOTH READ, UNDERSTAND AND ACCEPT THESE TERMS. YOU CANNOT USE THE SERVICES IF YOU DO NOT UNDERSTAND AND ACCEPT THESE TERMS.

1. “EVPULSE” DESCRIPTION OF SERVICES

Weave Grid has developed evPulse in order to help utility partners analyze and manage the charging behavior of battery electric vehicles and plug-in hybrid electric vehicles (“EVs”). evPulse is a website and smartphone app that allows you, as the “Participant,” to enroll in the “Service” by which you automatically share data about your EV charging behavior and EV charging equipment to be aggregated and used for research and electrical grid management by your local utility. Participants will be able to view certain data collected through personal log-in access to the evPulse portal (the “Portal” or the “evPulse Portal”). In order to log into the Portal, Participants must have access to a computer, smartphone or other mobile device with internet access.

2. VOLUNTARY PARTICIPATION

Once you register for a user account (“Account”), provide certain information about yourself as prompted by the applicable registration in the evPulse Portal, and accept these Terms and Conditions, you will be considered a “Participant” as referred to herein. “You” and “your” is a reference to you as a Participant. Your participation in evPulse is completely voluntary. Therefore, if you do not at any time agree with any of these Terms and Conditions, including the Privacy Policies referenced below, please do not participate in evPulse. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account.

We reserve the right to modify these Terms and Conditions at any time. Any modifications to these Terms and Conditions will be made available for viewing at the following web address: www.ev-pulse.com/terms. Please check this page periodically. Your continued participation in evPulse will constitute your acceptance of any modifications to these Terms and Conditions.

3. OUR SERVICES.

WE MAY DENY YOUR USE OF THE SERVICES IN OUR SOLE AND ABSOLUTE DISCRETION. NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO THE RESOLUTION OF THE DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

4. CHANGES.

We may alter the Service We offer You and/or choose to modify, suspend or discontinue the Service at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. We will inform You of any modifications to these Terms by sending you notification via email or text message, or posting them on the Website and App and if You have registered with Us, by presenting You with the modifications to the Terms when You log into Your Account (as defined herein).

If You object to any such modifications, Your sole recourse shall be to cease using the Service. Continued use of the Service following notice of any such modifications indicates that You acknowledge and agree to be bound by the modifications. Also, these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Website or App. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

5. GENERAL USE.

By using the Services, You agree that You are at least 18 years of age. In addition, Participants in evPulse must own or lease a supported battery electric vehicle (“EV”).

Subject to these Terms, We grant You a limited, personal, non-exclusive and non-transferable license to use the Service. You have no other rights in the Service and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Service in any manner. If You make copies of any part of the Service while engaging in Permitted Purposes then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on the Services.

If You breach any of these Terms, the above license will terminate automatically, and You must immediately destroy any downloaded or printed Materials (and any copies thereof).

6. ACCOUNT REGISTRATION

In order to use the Service, You must successfully register for an account with Us (the “Account”). To register for an Account, You must submit the following information, and potentially additional information, through the account registration page on the App:

  • A working email address;
  • First and last name;
  • Physical address;
  • Preferred password;

You may also provide additional, optional information so that We can provide You a more customized experience when using the Service. Once You submit the required registration information, We alone will determine whether or not to approve Your proposed account and may deny Your application and / or Your use of the Service (Your “Membership”) in Our sole and absolute discretion. If approved, You will be notified to complete Your registration. For so long as You use the Account, You agree to provide, and when necessary to update Your account with, true, accurate, current, and complete information which can be accomplished by logging into Your Account and updating the information. If You forget Your password, We will send a password update to Your provided email address upon request.

You are responsible for the security and strength of your own password and login credentials. Weave Grid will not be held responsible for unauthorized access to evPulse accounts due to password leaks from other sites or use of weak passwords by users of evPulse. It is also Your responsibility to maintain the confidentiality of Your password(s), including any password of a third-party site that We may allow You to use to access the Services. You agree to keep Your password and Your Account login details safe and secure and you are prohibited from providing those details to anyone else. Should You believe Your password or security information for access to the Services has been breached in any way, You must immediately notify Us. We reserve the right to terminate your membership, if you are found to have shared your membership credentials, with any third party.

7. DATA COLLECTED AND PRIVACY

In order to render evPulse services and to provide Participants with the products and services outlined in this Agreement and appropriate customer service, and to enhance and improve these products and services, Weave Grid may collect certain information, including:
  • Information About your EV – VIN or Vehicle Identification Number, and EV make, model and model year;
  • Information About your driving – drive observation date and time, odometer reading, GPS coordinates, and other related fields;
  • Information About your charging – for each charging observation, charging power level (kW), total charging energy (total electricity consumed in kWh for a contiguous session), battery state of charge, GPS coordinates of where the charging session occurred, and other related fields;

A subset of the collected data outlined above may be used to populate an online dashboard made available for Participants to view in the evPulse Portal so that Participants can monitor EV charging and driving history. Some data may also be available for download. The data collected is encrypted when transmitted to Weave Grid servers. Collected data will also be encrypted at rest.

Please see the Weave Grid Privacy Statement available here or at http://www.ev-pulse.com/privacy/ for further information on data collected by Weave Grid and how it may be used by Weave Grid. By accepting these Terms, you are hereby expressly agreeing to the terms of the Privacy Policy including the express permission for Weave Grid to provide certain categories of anonymized Personal Information (PI) and Personally Identifiable Information (PII) to third parties for permitted purposes as further set forth in the Privacy Policy.

8. EV OWNER CONSENT TO DATA COLLECTION AND USE

BY PARTICIPATING IN EVPULSE, YOU REPRESENT THAT YOU HAVE THE CONSENT OF THE REGISTERED OWNER AND THE USERS OF EACH EV TO CONNECT THE EV AS PART OF EVPULSE, AND (B) PERMIT YOU AND WEAVE GRID TO VIEW AND USE THE DATA AND INFORMATION COLLECTED, AS MORE PARTICULARLY DESCRIBED IN THE PREVIOUS SECTIONS OF THESE TERMS AND CONDITIONS AND THE WEAVE GRID PRIVACY POLICIES REFERENCED ABOVE.

YOU AGREE NOT TO PARTICIPATE IN EVPULSE OR THE EVPULSE PORTAL SERVICE IN ANY WAY THAT IS ILLEGAL, FRAUDULENT OR ABUSIVE, INCLUDING TO HARASS, THREATEN, ABUSE, DEFAME OR SLANDER ANY INDIVIDUAL

9. INTELLECTUAL PROPERTY OWNERSHIP

Any and all intellectual property developed by Weave Grid, including modifications, enhancements, or changes to its products is and will remain solely owned by Weave Grid. This includes technology developed that may be as a result of feedback provided by you as part of your involvement in evPulse.

10. PARTICIPANT INFORMATION AND SECURITY MEASURES

You represent and warrant that you have provided accurate information in your application to evPulse and that you will promptly notify Weave Grid of any changes to that information. You are responsible for ensuring that we have your current email address and telephone number on file. You should inform us of any changes to your email address or phone number by contacting support@ev-pulse.com. You must notify Weave Grid immediately about any breach of security or unauthorized use of your account for the evPulse Portal. You agree to charge your vehicle in accordance with the instructions and recommendations of the manufacturer. Weave Grid will not be liable for any losses resulting from the evPulse Portal or any other aspect of evPulse, and you may be liable to us or other parties due to any such unauthorized access or use.

11. UNAUTHORIZED ACTIVITIES

We authorize Your use of the Services only for the permitted purposes as described in Section 1 hereof (the “Permitted Purposes”). Any other use of the Service beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Service. This is because as between You and Us, all rights in and to the Service remain Our property.

Unauthorized use of the Services may result in violation of various United States and international laws, including copyright laws, and liability to Us. So, unless You have written permission from Us stating otherwise, You are not authorized to use the Services in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):

Falsely claim an identity other than Your own identity, impersonate any person, or otherwise misrepresent Yourself;

  • For any public or commercial purpose which includes use of the Services on another site or through a networked computer environment;
  • In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Services;
  • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
  • To stalk, harass, or harm another individual;
  • To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
  • To interfere with or disrupt the Services or servers or networks connected to the Services;
  • To use any data mining, robots, or similar data gathering or extraction methods in connection with the Services; or
  • Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means.

12. TERMINATION

We may terminate Your Membership and these Terms with immediate effect by giving You a written notice if (a) You materially breach any term or condition in these Terms; (b) if You engage in any activity or conduct that We, in Our reasonable opinion, determine to be inappropriate, negligent, unacceptable, offensive or abusive; (c) if You cease to fulfil any of the requirements for eligibility; (d) if You intentionally or recklessly make any false or misleading statement to Us; or (e) if You permit any other person to access your account, or disclose or share Your login information with a third-party. We may also, in Our sole discretion and with or without cause, terminate or suspend Your Membership or access to the evPulse Portal.

13. PROPRIETARY RIGHTS

“evPulse,” and “Weave Grid,” are trademarks that belongs to Us. Other trademarks, names and logos on the Services are the property of their respective owners. Unless otherwise specified in these Terms, all materials that comprise the Service, including the arrangement of them on the Services are Our sole property, Copyright © 2020. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

14. AGGREGATED STATISTICS

We may collect and use information in an aggregate and anonymous manner about the use of the Services (collectively, “Service Information”), including to compile statistical and performance information related to the provision and operation of the Services (“Aggregated Statistics”). As between You and Us, all right, title and interest in the Aggregated Statistics and all intellectual property rights therein, belong to and are retained solely by Us. You acknowledge that We will be compiling Aggregated Statistics based on Service Information, and You agree that We may (a) make such Aggregated Statistics publicly available, and (b) use such information to the extent and in the manner required by applicable law or regulation and for purposes of data gathering, analysis, service enhancement and marketing, provided that such data and information does not identify You. Additionally, We may, in Our sole discretion, sell the Aggregated Statistics.

15. DISCLAIMERS

NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEAVE GRID PROVIDES TO YOU, ACCESS TO THE APP, THE EVPULSE PORTAL AND ALL SOFTWARE INCORPORATED INTO THE FOREGOING AND ALL SERVICES RELATED TO EVPULSE ON AN “AS-IS” BASIS, WITH ALL FAULTS, ERRORS AND DEFECTS AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND BY WEAVE GRID OR ANY OF THEIR SUPPLIERS.

IN CONNECTION WITH THE FOREGOING, WEAVE GRID EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE OR APP ARE FREE OF PROBLEMS. Without limiting the generality of the foregoing, We make no warranty that the Services will meet Your requirements or that the Services will be uninterrupted, timely, secure, or error free or that defects in the Services will be corrected. We make no warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services. No advice or information, whether oral or written, obtained by You through the Services or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.

YOU AGREE AND ACKNOWLEDGE THAT WEAVE GRID DO NOT GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY ENERGY COST SAVINGS OR OTHER BENEFITS ARISING FROM EVPULSE OR THE PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE ANY AND ALL CLAIMS AGAINST EVPULSE, PERTAINING TO ANY ENERGY COST SAVINGS OR ANY BENEFITS ARISING OR CLAIMED FROM EVPULSE OR THE PROGRAM.

16. LIMITATION OF LIABILITY

WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SERVICES. WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF FIFTY DOLLARS ($50). THIS SECTION WILL SURVIVE TERMINATION OF THIS AGREEMENT.

17. INDEMNIFICATION

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL DEFEND, INDEMNIFY, HOLD HARMLESS AND REIMBURSE US AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS FROM AND FOR ALL DAMAGES, LOSSES, COSTS OR EXPENSES, INCLUDING ATTORNEYS’ FEES, INCURRED BY ANY OF SUCH PARTIES OR PAID BY ANY OF THEM TO ANY PERSON IN RESPECT TO ANY CLAIM OR LIABILITY ARISING FROM (I) YOUR VIOLATION OF THESE TERMS; (II) YOU PROVIDING US WITH FALSE, INACCURATE OR INCOMPLETE INFORMATION WHEN YOU CREATE AN ACCOUNT; OR (III) ANY CRIMINAL, WILLFUL OR NEGLIGENT CONDUCT BY YOU.

18. LOCAL LAWS; EXPORT CONTROL.

We control and operate the Services from Our headquarters in the United States of America and the entirety of the Services may not be appropriate or available for use in other locations. If You use the Services outside the United States of America, You are solely responsible for following applicable local laws.

19. FEEDBACK.

Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any type of communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.

20. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER

Please Read This Provision Carefully. It Affects Your Legal Rights.

This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided to You (such as Our licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding. This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means You would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute which is first done by emailing to Us at support@ev-pulse.com the following information: (1) Your name, (2) Your address, (3) A written description of Your Claim, and (4) A description of the specific relief You seek. If We do not resolve the Dispute within 45 days after receiving Your notification, than You may pursue Your Dispute in arbitration. You may pursue Your dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, Your or We may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing Us at support@ev-pulse.com the following information: (1) Your name; (2) Your address; (3) A clear statement that You do not wish to resolve disputes with Us through arbitration. Either way, We will not take any decision You make personally. In fact, We promise that Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with Us. But, We do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your dispute in arbitration or small claims court.

Arbitration Policy and Procedures

If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or We may initiate arbitration in the federal judicial district that includes Your billing address.

Payment of Arbitration Fees and Costs – So long as You place a request in writing prior to commencement of the arbitration, We will pay all arbitration fees and associated costs and expenses. But, You will still be responsible for all additional fees and costs that You incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if You provide notice and negotiate in good faith with Us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both You and We specifically agree to do so following initiation of the arbitration. If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You. Neither You, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Jury Waiver

You understand and agree that by accepting this Provision in these Terms, You and We are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, You and We might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

Continuation

This Provision shall survive the termination of Your account with Us or Our affiliates and Your discontinued use of the Services. Notwithstanding any provision in this Agreement to the contrary, We agree that if We make any change to this Provision (other than a change to the Notice Address), You may reject any such change and require Us to adhere to the language in this Provision if a dispute between Us arises.

21. GENERAL.

Certain violations of these Terms, as determined solely by Us, may justify immediate termination of Your access to the Services without prior notice to You. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or the Services will be heard in the courts located in San Francisco County, California. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing at any time not to enforce any of these Terms, We are not waiving Our rights. These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about the Services. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

22. CALIFORNIA CONSUMER NOTICE.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Services are provided by Weave Grid, Inc. If You have a question or complaint regarding the Website or Services, please contact Customer Service by emailing support@ev-pulse.com. You may also contact Us by writing c/o The Legal Department, Weave Grid at 222 7th St, 2nd Floor, San Francisco, CA 94107. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

23. CONTACT US.

If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us by emailing support@ev-pulse.com or by mail at Weave Grid 222 7th St, 2nd Floor, San Francisco, CA 94107.

24. Governing Law

These Terms and Conditions and any disputes related to them Weave Grid or evPulse shall be governed by applicable federal law and the laws of the state in which you reside, excluding its conflicts of law provisions.

25. Assignment

Weave Grid is permitted to assign this Agreement, in whole or in part, to any person, at any time, and without notice to you. You may not assign this Agreement.

26. Force Majeure

Without limiting any other provision of these Terms and Conditions, Weave Grid shall not be in default, and shall not be deemed to be in default, under these Terms and Conditions by reason of delay or the failure or inability to perform its obligations hereunder where the said delay, failure or inability is due solely to any cause which is unavoidable or beyond the reasonable control of Weave Grid, including without limitation any act of God or other cause which frustrates the performance of this Agreement.

28. Waiver/Severability

No waiver of any provision of these Terms and Conditions shall be deemed or constitute a waiver of any other provision of or any subsequent breach of these Terms and Conditions. No waiver shall be valid unless made in a writing signed by the party granting the waiver. If any provision in these Terms and Conditions is declared invalid or unenforceable, then such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.

29. No Third-Party Beneficiaries

These Terms are for the benefit of Weave Grid and their respective successors and assigns with respect to your obligations under these Terms and for your benefit with respect to your rights under these Terms. There are no third-party beneficiaries under these Terms and these Terms and Conditions will not be deemed to confer upon or give to any other person any claim or other right or remedy.