Welcome to the Level2 website Level2EVC.com (including this website and the content within it, collectively, the “Site”). Please read these Terms and Conditions (“Terms”) carefully. These Terms apply to all users of this Site, including without limitation users who are browsers, vendors, customers and/or merchants. We occasionally update these Terms based on changes to the Site or other factors. Any updates made to the Terms go into effect once they are posted. By using the Site, you are agreeing to the Terms. If you do not agree to the Terms, you may not use this website.
Website Ownership
This website is owned and operated by Level2 EVCS LLC, which is referred to as “Level2” or “we” or “us” or “our.”
Permitted Use
You agree that:
- Your use of this Site is subject to and governed by these Terms;
- You will only access or use this Site and transact business with us if you are at least 18 years old;
- You will comply with and be bound by these Terms as they appear on this Site each time you access and use this website;
- Each use of this Site by you indicates and confirms your assent and agreement to be bound by these Terms;
- These Terms are a legally binding agreement between you and Level2 that will be enforceable against you.
Prohibited Uses
You agree that you will not use or attempt to use this Site for any purpose other than conducting business with Level2 or the contractors that Level2 may refer you to as a bona fide client; you may not use or attempt to use this Site or any of its contents: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to overburden or damage Level2 equipment or software; (l) to send electronic mail to us that is illegal, obscene, profane, threatening, defamatory, invasive of privacy, infringing of intellectual property rights; or contains harmful code, political campaigning, commercial solicitation, chain letters, or mass mailings; or violates any applicable law, such as the CANSPAM Act or (m) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Agreement to Provide Accurate Information
Whether you are registering as an Installer, looking for a recommendation for an EVCS installer or just making an inquiry, through this Site, you agree to provide accurate, true, current and complete information upon which Level2 may rely.
Disclosures
Computer Requirements: To access this Site, you must have a computer equipped with a modem or other access device. You are responsible for the selection, installation, maintenance, and operation of your computer and software. We are not responsible for any errors, failures, or malfunctions of your computer or software. You are responsible for ensuring that your computer and software are compatible with our Site. We reserve the right to change the system requirements for using this Site.
Copyright and Trademarks
Copyright in the pages and in the screens displaying the pages, and in the information and material thereon and in their arrangement is owned by Level2 unless otherwise indicated.
All trademarks, service marks, trade names, logos, and icons are proprietary to Level2. You acknowledge and agree that you do not acquire any rights by implication, estoppel or otherwise , to use any trademark displayed on this Site without the express permission of Level2. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, modify, adapt, reverse engineer or frame in any other web page, any web page content on these pages.
You may not use Level2’s name or trademarks in any way that implies an affiliation with, or an endorsement, sponsorship or approval by Level2 without our express written permission.
Links
This site may contain links to websites controlled by or offered by third parties and non-affiliates of Level. Level2 hereby DISCLAIMS LIABILITY FOR, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD-PARTY SITE LINKED TO THIS SITE. BY CREATING A LINK TO A THIRD PARTY SITE, LEVEL2 DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED AT THAT WEBSITE, NOR IS LEVEL2 LIABLE FOR ANY FAILURE OF SUCH WEBSITE, ITS PRODUCTS OR SERVICES OFFERED OR ADVERTISED. SUCH THIRD PARTY WEBSITES MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF [DBA] AND MAY PROVIDE LESS SECURITY THAN THE LEVEL2 SITE.
Privacy and Security
For information on how Level2 uses and protects the personal information you may provide through this website, please visit our Privacy Policy.
Our Communications with You: Calls, Texts, Emails, and E-Signatures
From time to time, we may communicate with you about our services and these Terms electronically (e.g., letters, emails, notices on our Website, calls or text messages to any numbers you provide, or similarly) (the “Communications”). You authorize us to send Communications to you using any contact information provided, as described below. To update any of your contact information you may contact us at: 1-877-201-1125 or info@level2evc.com.
Phone Calls and Text Messages
By providing my Telephone Number as part of my Installer Registration or my request to find an Installer on the Website, I understand and agree that Level2 and its affiliates, vendors, agents, successors and assigns (the “Company”) may monitor, record, or retain a copy of Communications with me and I verify that I am the owner, subscriber or regular user of the phone number provided or that I otherwise have obtained consent to use that phone number for the purposes of my Account and/or communications with the Company.
As indicated through my optional act of clicking the electronic box to apply my electronic signature as consent for automated marketing calls and text messages, I authorize the Company to: (1) make, deliver, or cause to be delivered or allow the placement of individual and/or recurring telephonic sales and telemarketing calls by telephone call, text message or voicemail transmission, (2) use an automatic telephone dialing system, an artificial or prerecorded voice, an automated system for the selection and/or dialing of telephone numbers, the playing of a recorded message when a connection is completed to a number called, and/or the transmission of a prerecorded voicemail, or the receipt of text messages (3) using messages that constitute or include: advertisements, telemarketing messages, promotions, specials, offers, new product alerts, etc.. I understand that: (1) I am not required to (directly or indirectly) sign or enter into this agreement or provide this type of call consent as a condition of creating an account or purchasing or using any property, goods, or Services of Company, and I may instead refuse to consent to receiving prerecorded, automated and telemarketing communications from Company. I also understand that I may revoke this consent at any time by request to Company. I agree that information relating to this consent can be provided to me through an electronic record.
Even if I do not check the box to provide my consent to automated marketing text messages and calls using an automatic telephone dialing system or an artificial or prerecorded voice, by providing my telephone number on the website, or by providing any updated or additional phone number in the future, I: (1) agree to the use and validity of an electronic signature, and (2) authorize Company to call and text me at the phone number provided and/or leave voicemail regarding important information about my account, including any inquiry by me, my registration request, my inquiry about installers in my neighborhood, reminders, notices, other account information pertaining to my requests.
I understand that I may opt out of text messages at any time in the future by texting “STOP” in response to Company texts and that message and data rates may apply. My consent preferences can be updated by notifying Company at: 1-877-201-1125 or info@level2evc.com.
E-mails
By providing Company with an e-mail address on the Website, when creating an Account or otherwise, I verify that I am the owner, subscriber or regular user of the e-mail address provided or that I otherwise have obtained consent to use that e-mail address for the purposes of my Account and/or communications with Company. I understand and agree that Company may contact me at the provided e-mail address using messages that constitute or include: advertisements, telemarketing messages, promotions, specials, offers, new product alerts, and important information about my account including any inquiry by me, reminders, notices, statements, maintenance and other account-related notices or activities, or other transactions with Company. I understand that I may opt-out of e-mail Communications with Company by following the opt-out instructions in a Company e-mail or by contacting Company at: 1-877-201-1125 or info@level2evc.com.
E-Signature Disclosures: Electronic Signatures in Global and National Commerce Act (“E-Sign Act”)
Company offers you the ability to provide electronic consents and signatures, execute electronic agreements, and receive electronic communications with respect to the services Company provides (the “Services”). You agree and consent to receive, and to allow us to deliver, all Communications electronically, including account information and notices, marketing messages, and mandatory and regulatory disclosures (even if required by law to be delivered in writing), transaction information, receipts, confirmations, agreements and authorizations, and any and all other account and Services-related communications, documentation, or information.
You agree that Company may send you communications using any of the following methods: (1) E-mail at any e-mail address you provided or you subsequently provide, (2) Text Messages at any phone number you provided or subsequently provide and authorize, and (3) any other medium or electronic means to which you agree and confirm access. You agree that communications sent in this manner will have the same legal effect as if they were provided in paper form and satisfy any legal requirement that they be provided “in writing.” You agree that any electronic consent and/or signature you provide to Company has the same legal effect as a physical signature and/or consent.
You have the right to request a paper copy of any Communication at no charge and can do so by calling us at 1-877-201-1125. We will mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic communication to you.
To use Company’s Services and to access and receive electronic communications, you must provide Company with an active and valid e-mail address or phone number and make available, at your own expense, the following equipment, hardware, and/or software:
- A current version of an Internet browser we support, with 256-bit encryption,
- An internet connection,
- A computer, mobile phone, or other device that is capable of connecting to and accessing the Internet and/or cellular service, an application or program that can access your text messages and/or e-mails, and supports all of the above.
- A current version of a program that accurately read and displays PDF files (such as Adobe Acrobat Reader) and/or electronic images;
- A current version of software that allows you to open, view, and save messages sent to you in emails or text messages (as applicable) that contain hyperlinks; and
- A printer with ink and paper if you wish to print Communications and/or retain a paper copy, or electronic storage capacity and capability if you wish to retain records in electronic form.
It is your responsibility to provide Company with true, accurate, and complete contact and other information related to this E-SIGN Disclosure and Consent and to maintain and update us promptly with any changes. To update your information, call us at 1-877-201-1125 or contact us at info@level2evc.com.
You may withdraw your E-Sign Consent to receive communications and Services electronically at any time by calling 1-877-201-1125 or contacting us at info@level2evc.com. span style='font-size:14px;font-family:"Arial",sans-serif;color:black;'>Please allow 5-7 business days for us to process your revocation of E-Sign Consent. You also may opt out of e-mails to a particular e-mail address or text messages to a particular phone number by following the unsubscribe or opt-out instructions located within any message you receive from Company.
Additional Terms
Certain sections or pages on this site may contain separate terms and conditions which are in addition to these terms and conditions. Additionally, other products or services offered by Level2, including those available through this site, may be subject to terms, conditions and disclaimers in addition to these Terms. You agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers. In the event of a conflict, the additional terms and conditions will govern for those sections or pages or products.
Governing Law
You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms or the use of this Site shall be filed only in the state or federal courts located in Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
NO WARRANTY
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS", "AS AVAILABLE". LEVEL2 DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL LEVEL2 BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF LEVEL2, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
Severability
You agree that if any provision of these Terms shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms and Conditions and shall not affect the validity and enforceability of such other provisions.
