Last updated: Nov 1, 2022
This is a binding agreement. By using the platform or any affiliated platform, or any software executed on the platform, including, without limitation, BatteryDB (also referred to as the "Platform") or any services provided by Rejoule, Inc. (the "Company," "us," "our," and "we") in connection with the Platform (the "Services"), you agree to abide by these Terms of Use, as they may be amended by the Company from time to time in its sole discretion. The Company will post a notice on the Platform any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Platform and cease all use of the Services and the Platform. IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE PLATFORM AND DO NOT USE ANY SERVICES OFFERED THROUGH THE PLATFORM.
The Platform is where data collected by the Company about devices tested by the company, and reports of data analyses conducted through the Company’s software are stored, and are accessible to customers according to their agreements with the Company.
The Platform, any content on the Platform and the infrastructure used to provide the Platform are proprietary to us, our affiliates, customers and other content providers. By using the Platform and accepting these Terms of Use: (a) the Company grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Platform pursuant to these Terms of Use and to any additional terms and policies set forth by the Company; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, software, products or services obtained from or through the Platform without the express permission of the Company.
As a condition of your use of the Platform, you agree that:
The Company retains the right, at our sole discretion, to deny service or use of the Platform or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Platform and your account accessible, the Platform and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Platform access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit or delete your personal information, including, without limitation, a valid credit card; and (b) opt-out of persistent login. You understand and agree that the Company shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Platform or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms of Use, including, without limitation, failure to maintain updated and correct information about your account (e.g., valid credit card information) will cause your account to fall out of good standing and we may cancel your account at our sole discretion. Upon termination, the provisions of these Terms of Use that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the Platform, including, without limitation, requirements for use.
All interactions on the Platform must comply with these Terms of Use. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Platform, we may limit or terminate your privileges on the Platform and seek other remedies, including, without limitation, cancellation of your account or forfeiture of any forms of unredeemed value in your account.
The following activities are prohibited on the Platform and constitute violations of these Terms of Use:
The Company reserves the right to terminate your use of the Services and/or the Platform. To ensure that the Company provides a high quality experience for you and for other users of the Platform and the Services, you agree that the Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Platform or the Service. The Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but the Company reserves the right to terminate your account or your access to the Platform immediately, with or without notice to you, and without liability to you, if the Company believes that you have violated any of the Terms of Use, furnished the Company with false or misleading information, or interfered with use of the Platform or the Services by others.
The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current privacy policy can be found by clicking here. The Company’s privacy policy is expressly incorporated into this Terms of Use by this reference.
When you open an account to use or access the Platform or Services, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify the Company immediately on any unauthorized use of your account, username, or password. The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
"Customer Data" means all identifiable information about customers generated or collected by the Company, including, but not limited to, customers' name, addresses, email addresses, phone numbers, customer preferences and tendencies, and financial transaction data.
The Company shall use Customer Data only to:
The Company also may use information collected as described in this Agreement with your consent or as otherwise required or permitted by law.
The Company expressly agrees that any Customer Data shall be used only for the purposes included in this Agreement. The Company represents, warrants and covenants that it will not resell, broker or otherwise disclose any Customer Data to any third party, in whole or in part, for any purpose, unless required by applicable law.
This Agreement will continue in effect until terminated by either party in accordance with this Section ("Term"). The Company is authorized to terminate this Agreement, at any time for any reason, upon written notice to you. You are authorized to terminate this Agreement upon seven (7) business days prior written notice to the Company. Provisions in this Agreement that are intended to survive termination will continue in full force and effect after the Term.
When accessing the Platform or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services and the Platform is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
If you own copyright, trademark, patent or other intellectual property rights ("IP Rights Owner"), or if you are an agent authorized to act on the IP Rights Owner’s behalf ("Authorized Agent"), and you have a good faith belief that material or products on the Platform infringe the IP Rights Owner’s copyright, trademark, or other intellectual property rights, and you would like to bring it to the Company’s attention, you can report your concern(s) by submitting your complaint to the Company.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK. NONE OF THE COMPANY, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE PLATFORM, INCLUDING, WITHOUT LIMITATION, COMPANY GOODS AND SERVICES, (II) DESCRIPTIONS OF PRODUCTS OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE PLATFORM. THE PLATFORM AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE PLATFORM, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE PLATFORM, ARE MADE ACCESSIBLE OR AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE PLATFORM OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE PLATFORM OR THE MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
THE COMPANY’S LIABILITY TO YOU IS LIMITED. IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CUSTOMERS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOST PROFIT, LOST BUSINESS, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE PLATFORM, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE PLATFORM OR SUBMITTED BY TO YOU TO THE PLATFORM; (B) YOUR INABILITY TO USE THE PLATFORM; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE PLATFORM; (D) THE MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE PLATFORM; (E) ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE PLATFORM; (F) THESE TERMS OF USE; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR COMPENSATING FOR ANY AND ALL CLAIMS ARISING OUT OF OFFER. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH (A)-(G) ABOVE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
When you use the Platform, you are communicating with us electronically and consent to receive electronic communications related to your use of the Platform. We will communicate with you by email or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Platform or from which you otherwise email us.
The Company has no control over, and no liability for any third party advertisements or materials. The Company may work with a number of partners and affiliates whose advertisement may be linked with the Platform. Because neither the Company nor the Platform has control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Platform, you may have access to content items (including, but not limited to, advertisements) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
You are solely responsible for your interactions with customers and other users of the Platform. To the extent permitted under applicable laws, you hereby release the Company from any and all claims or liability related to any product or services offered through the Platform.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "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."
You agree to defend, indemnify and hold harmless the Company, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any products, goods or Services offered through the Platform; (b) any content submitted or posted by you, in connection with the Platform, or any use of the Platform in violation of these Terms of Use; (c) fraud you commit or your intentional misconduct or gross negligence; or (d) your violation of any applicable U.S., Canadian, or foreign law or rights of a third-party.
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles, California, USA in all disputes arising out of or related to the use of the Platform or Services.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use 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 of Use 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.
The Platform is controlled and operated by the Company from its offices in the State of California. The Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Platform should not be construed as the Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
You may not assign these Terms of Use, or any rights, benefits or obligations hereunder, by operation of law or otherwise, without the express written permission of the Company. Any attempted assignment that does not comply with these Terms of Use shall be null and void. The Company may assign these Terms of Use, in whole or in part, to any third-party in its sole discretion.
We reserve the right at all times to discontinue or modify any part of these Terms of Use in our sole discretion. If we make changes that affect your use of the Platform or our services we will post notice of the change on the Terms of Use page. Any changes to these Terms of Use will be effective upon our posting of the notice. If you do not agree to the changes, you may close your account and you should not use the Platform or any Services offered through the Platform after the effective date of the changes. We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise you of these changes, and that your continued use of the Platform or our services will constitute acceptance of these changes and the Terms of Use as modified.
The Terms of Use, including, without limitation, the incorporated Privacy Statement and other terms incorporated by reference, constitute the entire agreement and understanding between you and the Company with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and the Company with respect to such subject matter.
No waiver by either you or the Company of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of our Terms of Use shall continue in full force and effect.
The provisions of these Terms of Use apply equally to and are for the benefit of the Company, its subsidiaries, affiliates, customers and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.
BY USING THE SERVICES OR ACCESSING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
To ask questions about these Terms of Use or the Platform, or to report a violation of these Terms of Use, please contact us at [email protected].
