TERMS OF SERVICE

OVERVIEW

This website is operated by EV Reviver. Throughout the site, the terms “we,” “us,” and “our” refer to EV Reviver. EV Reviver offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

ELIGIBILITY AND ACCOUNT INFORMATION

By agreeing to these Terms of Service, you represent that you are at least 18 years of age or the age of majority in your state or province of residence, whichever is higher. If you are under 18 but at least 13 years of age, you may use this site only with the involvement and consent of a parent or guardian.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SERVICE TERMS AND CONDITIONS

Use of Site and Service

You may not use our products or services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to California or federal laws).

You must not transmit any worms, viruses, or any code of a destructive nature.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Modifications to Service

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Pricing and Payments

Prices for our products and services are subject to change without notice. We reserve the right at any time to modify pricing information.

For California consumers, we will provide notice of any price changes for subscription services in accordance with California law, which requires at least 10 days’ notice before any price increase takes effect.

Shipping and Delivery

For physical products, we will provide estimated delivery dates, but we do not guarantee delivery times. In accordance with California law, we will deliver products within 30 days unless otherwise specified at the time of purchase.

PRODUCTS AND SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

In accordance with California law, we warrant that the products we sell are of merchantable quality and fit for their intended purpose. California consumers have certain rights under the Song-Beverly Consumer Warranty Act and other consumer protection laws.

ACCURACY OF INFORMATION

We strive to provide accurate information about our products and services. However, we do not warrant that product descriptions or other content on this site is accurate, complete, reliable, current, or error-free.

Errors and Omissions

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).

THIRD-PARTY LINKS AND TOOLS

Our Service may contain links to third-party websites or services that are not owned or controlled by EV Reviver LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You further acknowledge and agree that EV Reviver LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

USER CONTENT AND SUBMISSIONS

If you submit comments, feedback, suggestions, or other content to us, you grant EV Reviver LLC a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; and that use of the content you supply does not violate these Terms of Service and will not cause injury to any person or entity.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see [LINK TO PRIVACY POLICY].

In accordance with California law, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), California residents have specific rights regarding their personal information. Please see our Privacy Policy for details on these rights.

PROHIBITED USES

You are prohibited from using the site or its content:

• For any unlawful purpose
• To solicit others to perform or participate in any unlawful acts
• To violate any international, federal, state, or local regulations, rules, laws, or ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code
• To collect or track personal information of others
• For any obscene or immoral purpose
• To interfere with or circumvent the security features of the Service

We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Limitation of Liability

EXCEPT AS PROHIBITED BY CALIFORNIA LAW, IN NO EVENT SHALL EV REVIVER LLC, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM:

• YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE
• ANY ERRORS OR OMISSIONS IN ANY CONTENT
• ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless EV Reviver LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

DISPUTE RESOLUTION

California Residents

For California residents, we offer the option to resolve disputes through binding arbitration or small claims court. You may opt out of binding arbitration within 30 days of your first use of our service by emailing us at [YOUR EMAIL ADDRESS].

If you are a California resident and choose arbitration, it will be conducted in accordance with the rules of the American Arbitration Association and held in a location within California most convenient for you.

Class Action Waiver

TO THE EXTENT PERMITTED BY CALIFORNIA LAW, YOU AND EV REVIVER LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@theevreviver.com.

Last updated: January 2025