Green Joulez

Partners in EV Charging for Multifamily Residences

Terms Of Use

Effective as of March 19, 2024

IMPORTANT
THIS IS A LEGAL AGREEMENT BETWEEN EACH END USER (“YOU” or “USER” (I.E., ANY PARTY UTILIZING YOUR ACCOUNT or “YOUR”) AND GREEN JOULEZ, LLC (“GREEN JOULEZ” or “COMPANY”). YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT (CALLED THE “TERMS OF USE” OR “TOU”).

This Terms of Use governs Your use of electric vehicle chargers operated by Green Joulez (each of which is called a “Charger”; collectively they are called the “Network,” and the term “Network” also refers to any subset of the collection, including individual Chargers); Your use of the Company’s website, online web portal, RFID tags and any mobile application made available by the Company (the “App”) or any open authentication and access control systems  provided by Green Joulez from time to time is collectively referred to herein as the “GJ Solution”.

  1. Use of Chargers.
    1. You are permitted to use the Network, in the manner permitted by this TOU, and subject to the conditions of this TOU, including payment of the amount required for each occasion on which You use a Charger. When You use a Charger, You agree to follow all applicable product, vehicle, safety, and technical documentation for the Charger and for any vehicle that You connect to the Charger. You also agree to use the correct equipment and connector type for the vehicle. Green Joulez only permits the use, with its Chargers, of adapters sold by automakers. Your use of any other adapter with the Network is prohibited. You acknowledge and agree that the Chargers are intended for use and are to be used solely for standard, industry-manufactured automotive land vehicles, and that You are prohibited from using a Charger with any other type of vehicle or electric transportation. This prohibition includes, without limitation, electric boats, home-built electric vehicles, home-built onboard chargers, and vehicles that contain personally modified chargers. To the maximum extent permitted under applicable law, Green Joulez  shall have no responsibility to You for any damages or losses resulting from Your failure to comply with this paragraph, including without limitation any damages to personal property or arising from personal injury or death. You further acknowledge and agree to indemnify, defend, and hold Green Joulez harmless for any damage, liability, or loss experienced by any person resulting from Your failure to comply with the terms of this paragraph. 
    2. A Charger may be located and hosted on a third party’s property, or access to a Charger may require traversing a third party’s property (either type of such third party is referred to as a “Host”). You agree to observe and obey any and all rules set by Hosts pertaining to their property and the use of or access to Chargers on such Host properties, including, but not limited to, general customer or visitor/guest conduct, parking restrictions, parking time limitations, and hours of operation. You are solely responsible for any damage, fees, penalties or loss caused by your noncompliance with any Host rules.
  2. License Grant. This TOU provides to You a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use the GJ Solution, conditioned on Your continued compliance with the TOU. You may print a single print copy or make a single screen shot of the materials and information from the GJ Solution solely for Your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
  3. Restrictions. Except as expressly provided herein, Company does not grant any other express or implied right to You or any other person. Accordingly, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, reverse engineer, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the GJ Solution or the Network in any manner not expressly permitted herein. Moreover, You shall not, nor shall You permit any third party or person to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure implemented by Company for use of the GJ Solution or the Network.
  4. User Obligations. You represent that You are at least eighteen years of age or the legal age of majority in Your state (whichever is greater) and will, at all times, provide true, accurate, current, and complete information (for which You have all necessary rights, permission(s), or authority) when submitting information through the GJ Solution or through the Network, including, without limitation, when You provide information via a registration or submission form. In addition, You access the GJ Solution of Your own volition and are responsible for compliance with all applicable laws, rules, and regulations with respect to Your use of the GJ Solution (including use of any permitted copies of the GJ Solution materials and information). If You access the GJ Solution on behalf of any organization, Your organization shall be bound to this TOU and liable for any breach by You. You represent that You have all rights, power, and authority to agree to this TOU on behalf of Your organization.
  5. Account. You will be required to register before You can use the GJ Solution or certain features of the GJ Solution. Each registration (“Account”) is for a single user only, unless otherwise expressly agreed upon by Company. Registration for access to and use of the GJ Solution may also require access credentials, such as a user name and a password, or adherence to other particular access requirements as designated by Company in its sole discretion from time to time. After completing registration for an Account, you will be permitted access using a valid authentication method, which may include an RFID access card, a mobile authentication method (QR Code of otherwise), and/or other method, including any App (which will be linked to your Account). Your access credential will enable you to use a Charger.  You hereby agree to consider Your access credentials, such as a user name and password, as confidential information and not to disclose such information to any third party without the prior express written consent of Company, which may be withheld in its sole discretion. You shall immediately notify Company if You suspect or become aware of any loss or theft of Your password or any unauthorized use of Your user name and password. Company will not be liable for any loss or damage arising from Your failure (whether inadvertent or intentional) to comply with these obligations. By submitting the requested information to the registration form on the GJ Solution, You represent and warrant that the information You submit for registration is complete, true, accurate, and current in all respects. You must maintain and promptly update Your submitted account information to ensure that such information is complete, true, accurate, and current. Company reserves the right to suspend, terminate, or otherwise discontinue Your account and/or pending registration if Company has reasonable grounds to suspect that any information You have submitted is untrue, inaccurate, not current, or incomplete, or that Your registration, account, or use of the GJ Solution is in violation of applicable law, regulation, or the terms of this TOU. 
  6. Rights of the Company. If You violate this TOU, Company may, in its sole discretion, take whatever action is necessary to protect Company’s legal or equitable rights, or otherwise enforce the terms of this TOU. Moreover, it is a policy of Company to take appropriate actions under applicable intellectual property laws.
  7. Payments through the GJ Solution. The GJ Solution may offer You the opportunity to provide payment information (“Payment Information”) in order to complete payment for a purchase (“Transaction”). You agree only to provide Payment Information that is accurate and that you have authority to use for Transactions, and you agree that by providing an item of Payment Information you will be representing that you have such authority and that the Payment Information is accurate. You agree that Company may execute payment for Transactions that You order by using Payment Information that You have provided, and you authorize Company to do so, until You direct Company, through the GJ Solution, to discontinue use of particular Payment Information. You shall be responsible for payment of all taxes, tariffs, levies, or duties applicable to Your payment. 
  8. Account Security and History. You are responsible for maintaining the confidentiality and security of Your Account information. You should not disclose Your Account information to anyone. If Your Account information is lost or stolen, anyone who obtains possession of either could use Your Account. You are responsible for all transactions on Your Account, including unauthorized transactions.  You are responsible for checking Your transaction history to ensure that Your transaction history and account balance are accurate. You can check Your transaction history and balance through the GJ Solution. If You have questions regarding Your transaction history or balance, or if You wish to dispute any transaction, please call the Company at (914) 429-6880 or e-mail the Company at support@greenjoulez.com.  Company will review Your claim and make a reasonable determination whether to adjust Your Account in response. Company has no obligation to review or correct any error unless You provide written notice of the claimed error within thirty (30) days of the date of the transaction in question.
  9. Payments for Charging. You agree to pay, for any occasion that You use a Charger, the cost determined for such use.  You may utilize a Charger at your discretion in accordance with the terms and conditions described herein.  The unit prices for Your use of a given Charger will be the unit prices provided by the GJ Solution, and applicable for the characteristics of Your charging session including the maximum charging rate, at the time You initiate a session using that Charger, less any discount applicable to Your use of the Charger (collectively, “Stated Prices”). Stated Prices may include, but are not limited to, a price per kilowatt-hour of energy delivered by the Charger; a price per minute of charging; and a price per minute that Your vehicle is connected in an idle, non-charging state (for example, idle fees). The cost of Your use of a Charger may also include applicable taxes, credit card fees and surcharges which will be added to the cost calculated from the Stated Prices, and may also include a fixed fee, stated on the face of the Charger at the time You initiate the session. You acknowledge that the information presented by the Charger governs the determination of the cost you will pay.  . For Chargers where Stated Prices can vary depending on the maximum charging rate for a session, You agree that the maximum charging rate is based on the maximum requested by Your vehicle. You acknowledge that the actual charging rate may vary during a session and that the highest rate achieved during a session may be lower than that maximum, due to factors such as vehicle capacity at start of charging, temperature, battery age, vehicle efficacy, vehicle usage, and power output of the charging station.  
  10. If You fail to pay any amount owed under this TOU when payment is due, You shall reimburse Company for all reasonable costs incurred (including reasonable attorney’s fees) in collecting past-due amounts. Unless otherwise specified in this TOU, all Your obligations with respect to the amounts due to Company under the TOU shall survive the expiration or termination of the TOU for any reason.
  11. Communications, and Updates. By creating an account or by providing Your phone number to Company, You agree to receive communications from Company including, but not limited to email, push notifications, and/or text messages. These communications may include charging session notifications and final receipts. These communications are part of Your relationship with Company and You receive them as part of Your use of the GJ Solution or the Network. You therefore hereby acknowledge and agree that any such notices, agreements, disclosures or other communications that Company sends to You electronically are compliant with any applicable law that requires Your consent for a given communication. Furthermore, You understand and agree that any installation of the App permits the downloading of updates and upgrades for the purpose(s) of fixing product defects or providing enhancements. You will be given notice and an opportunity to accept or refuse any update or upgrade that Company provides. However, You acknowledge that Your refusal of an update or upgrade may impact performance of the App, and Company reserves the right to terminate Your use of the App if You refuse an update that Company deems critical.
  1. Privacy Policy. You understand, acknowledge, and agree that the operation of certain areas of the GJ Solution and the creation of an account may require or involve the submission, use, and dissemination of various personally identifiable information including, but not limited to, Your phone number, email address, and mailing address. Please see the Company  Privacy Policy (located on the Company’s website) for a summary of Company’s practices regarding collection and use of personally identifiable information. Any information submitted by You through the GJ Solution will be pursuant to the Privacy Policy and any disclosures that the Privacy Policy incorporates by reference. You agree to allow Company to maintain, use, and disclose Your personal information as described in the Privacy Policy and its incorporated disclosures, and You hereby license such uses and disclosures of Your personal information to the Company for any legal purpose.  
  2. Proprietary Rights. All rights, titles, and interests in and to the GJ Solution are owned by Company. The GJ Solution is protected by United States copyright law and international treaty provisions governing proprietary rights, including, without limitation, the Berne Convention. This TOU provides only a limited license to access and use the GJ Solution. Accordingly, You expressly acknowledge and agree that Company transfers no ownership or intellectual property right, title, or interest in and to the GJ Solution to You or anyone else. All trademarks, service marks, text, graphics, headers, icons, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML, CSS, XML, and JavaScript code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the GJ Solution, unless otherwise indicated, are owned, controlled, and licensed by Company and/or its licensors. In particular, without limitation, the Company logo, the words “Green Joulez,” all Company product or service names, and Company advertising slogan(s) are trademarks. Nothing contained on the GJ Solution should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Company’s trade names, trademarks or service marks without express prior written consent. All rights not expressly licensed hereunder are reserved by Company.
  3. Links to Third Party Content. Company may provide links, in its sole discretion, to other applications, websites, or networks for Your convenience in locating or accessing related information and/or services. These other applications, websites or networks are maintained by third parties over which Company exercises no control. Your correspondence or any other dealings with third parties are solely between You and such third party. Accordingly, Company hereby expressly disclaims and shall not have any liability or responsibility for such applications, websites, or networks, or in connection with any such dealings between You and any third party.
  4. Other Terms and Conditions. Additional notices, terms, and conditions may apply to products, services, receipt of (or access to) certain materials, participation in a particular program, and/or to specific portions or features of the GJ Solution, including without limitation digital distribution services, and/or third-party payment processors. Without limitation of the foregoing, You hereby agree that (a) this TOU operates in addition to any terms of use imposed or required by any digital download or user interface platform from which You download or access the GJ Solution (“Provider Terms”); and (b) the terms of this TOU supplement and do not alter or amend any such Provider Terms.  
  5. Mobile Usage. The GJ Solution offers various tools or display functionality that are available to You via Your mobile phone or other mobile computing device. Please note that Your mobile carrier’s normal messaging, data, and other rates and fees will apply to Your use of the GJ Solution. In addition, downloading, installing, or using the GJ Solution may be prohibited or restricted by Your mobile carrier, and not all functionality on the GJ Solution will work with all carriers or devices or in all locations. Therefore, You are solely responsible for checking with Your mobile carrier to determine if the GJ Solution is available for Your mobile devices; what restrictions, if any, may be applicable to Your use of the GJ Solution; and how much such use will cost You. Nevertheless, Your use of the GJ Solution shall be strictly in accordance with this TOU. 
  6. Prohibited Uses. In addition to any other representations and warranties contained in this TOU, and as a condition of Your use of the GJ Solution, You represent and warrant to the Company that You will not use the GJ Solution to:
    1. Attempt to exploit or harm others in any way;
    2. Engage in any activity or conduct that is unlawful, offensive, obscene, threatening, harassing, abusive, misleading, malicious, discriminatory, or that violates the terms, conditions, or notices of this TOU, or any right of any third party;
    3. Attempt to circumvent the security systems of the GJ Solution;
    4. Do anything harmful, unlawful, misleading, malicious, or discriminatory;
    5. Solicit login information or access an account belonging to someone else without their prior authorization;
    6. Monitor, gather or copy any user information, content, or material on the GJ Solution or the Network, without our prior written permission, on a manual or automated basis, including, but not limited to, by using any robot, “bot,” spider, crawler, spyware, scraper, harvesting bots, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.
    7. Attempt to probe, scan, or test the vulnerability of any Company system or the Network;
    8. Upload or submit any data or information that contains viruses, or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment;
    9. Access, tamper with, or use non-public areas of the GJ Solution or the Network, the Company’s computer systems, or the technical delivery system of the Company’s third-party service providers;
    10. Engage in any activity or conduct through or in connection with the GJ Solution or the Network that restricts, inhibits, or interferes with anyone’s access to or use of the GJ Solution or Network, the proper operation of the GJ Solution, or, as determined by us, would harm the Company  or users of the GJ Solution or expose them to liability;
    11. Transmit, or procure sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
    12. Impersonate or attempt to impersonate the Company a Company employee, another user, or any other person or entity, including, without limitation, by using email addresses or usernames associated with any of the foregoing;
    13. Facilitate or encourage any violations of this TOU or our policies; and,
    14. Otherwise attempt to interfere with the proper working of the GJ Solution.
  1. Disclaimer of Warranties COMPANY DOES NOT REPRESENT OR WARRANT THAT THE GJ SOLUTION OR COMPANY’S CHARGERS WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. THE GJ SOLUTION, THE NETWORK, AND ANY INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND. IN ADDITION, COMPANY DOES NOT REPRESENT OR WARRANT THAT CHARGERS WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS; THAT CHARGERS WILL PROVIDE SPECIFIED RATES OF ENERGY TRANSFER; OR THAT CHARGERS WILL DELIVER ENERGY IN ACCORDANCE WITH THE SPECIFICATIONS OF MANUFACTURERS OF CHARGERS OR OF VEHICLES. COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE GJ SOLUTION AND REGARDING THE CHARGERS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, COMPANY EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD PARTY PROVIDED MATERIALS, PROGRAMS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE GJ SOLUTION, AND YOU AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH DEALINGS BETWEEN YOU AND A THIRD PARTY.
  2. Limitation and Liability. COMPANY SHALL NOT BE RESPONSIBLE FOR ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND COMPANY’S CONTROL. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE GJ SOLUTION OR THE USE OF CHARGERS OR FOR ANY INFORMATION AND MATERIALS AVAILABLE THROUGH THE GJ SOLUTION, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF COMPANY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE GJ SOLUTION OR THE USE OF CHARGERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY (DURING THE TWELVE (12) MONTHS) PRECEDING YOUR CLAIM OR TEN U.S. DOLLARS ($10 USD), WHICHEVER IS GREATER. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE SERVICES THAT COMPANY PROVIDES UNDER THIS TOU WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION.
  3. No Liability for Negligence. YOU HEREBY AGREE THAT, ABSENT PROOF OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY COMPANY, COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE TO PROPERTY, INJURY OR DEATH, OR OTHER HARM, TO YOU OR TO ANY OTHER PERSON, RESULTING OR ARISING FROM THE NEGLIGENT ACTS OR OMISSIONS OF COMPANY OR OF ANY OTHER PERSON, INCLUDING SUCH NEGLIGENT ACTS OR OMISSIONS BY YOU. YOU SPECIFICALLY AGREE THAT, ABSENT PROOF OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY COMPANY, COMPANY SHALL NOT BE LIABLE FOR ANY HARM RESULTING OR ARISING FROM ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF INFORMATION THAT YOU HAVE PROVIDED TO COMPANY OR THAT COMPANY HAS OBTAINED ABOUT YOU FROM THIRD PARTIES.
  4. Indemnification. You agree to indemnify, defend, and hold Company (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including without limitation attorneys’ fees, arising out of or related in any manner to Your breach or alleged breach of this TOU or for any violation or alleged violation of the rights of any other person or entity.
  5. Governing Law. To the extent permissible, this TOU has been made in and will be construed and enforced solely in accordance with the laws of the State of New York, U.S.A as applied to agreements entered into and completely performed in the State of New York.
  6. ARBITRATION. PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
    1. Except to the extent governed or preempted by federal law, this arbitration and class action/jury trial waiver will be governed by and construed in accordance with the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
    2. To the extent permitted by applicable law, and with the sole exception of a claim or counterclaim that You or Company litigates in a small-claims court or equivalent court, for any and all controversies, disputes, demands, claims, or causes of action between You and Company (including the interpretation and scope of this Section and the arbitrability of the controversy, dispute, demand, claim, or cause of action) relating to Your Account, relating to Your use of the GJ Solution, or relating to this TOU (or any related or prior agreement that You may have had with Company), You and Company agree to resolve any such controversy, dispute, demand, claim, or cause of action exclusively through binding and confidential arbitration. The arbitration will take place in the State of New York, or, in the alternative, may be conducted telephonically at Your request.
    3. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one arbitrator and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules as they are amended from time to time. If the AAA is unavailable, the arbitration will be administered by such other administrator as You and Company jointly agree, using the latest extant version of the AAA Consumer Arbitration Rules.
    4. You should review this provision carefully. To the extent permitted by applicable law, You are GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend Your rights EXCEPT for matters that You file in small claims court in Your state or municipality within the jurisdictional limits of the small claims court and as long as such matter is only pending in that court. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief in a court located in New York City, New York, and You hereby agree to submit to the personal jurisdiction of courts in New York City, New York for such purposes. You and Company each agree that such a request for such emergency equitable relief will not waive any rights to arbitrate under this TOU.
    5. You and Company must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR COMPANY MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that You are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of Your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (d) the arbitrator will honor claims of privilege and privacy recognized at law; (e) the arbitration will be confidential, and neither You nor Company may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (f) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law, subject to the limitations set forth elsewhere in this TOU.
  1. Enforcing Security on the GJ Solution. Company reserves the right to view, monitor, and record activity on the GJ Solution without notice or permission from You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the GJ Solution as well as to disclosures required by or under applicable law or related government agency actions. Company will also comply with all court orders or subpoenas involving requests for such information.
  2. Injunctive Relief. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of Company proprietary rights or assets, will cause irreparable injury to Company, such injury would not be quantifiable in monetary damages, and Company would not have an adequate remedy at law. You therefore agree that Company shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Your obligations under any provision of this TOU. Accordingly, You hereby waive any requirement that Company post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Company to enforce any provision of this TOU.
  3. Term & Termination. Company reserves the right at any time and on any grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this TOU, to deny Your access to the Network, GJ Solution or to any portion thereof in order to protect its name and goodwill, its business, and/or others. This TOU will also terminate automatically if You fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Such a termination will be effective without prior notice and may impact (and prohibit) submission of any information. You may also terminate this TOU at any time by notifying Company of such termination by email. Company may also terminate this TOU at any time, by providing You reasonable prior notice through email if You have provided an email address. All applicable provisions of this TOU will survive termination, as identified below. If You consent to the TOU again through use of a Charger or by means of the GJ Solution You will be consenting to the TOU in such form as is available at such time. Upon termination of this TOU for any reason, You must destroy all copies of any aspect of the GJ Solution in Your possession. The provisions concerning Company’s proprietary rights, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason.
  4. Waiver & Severability. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by Company of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
  5. Export Controls. You represent and warrant that You are not (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties. You hereby agree that (i) You will comply with all applicable Sanctions and Export Control Laws, (ii) You are solely responsible for ensuring that the GJ Solution is used, disclosed, and/or transported only in accordance with all applicable Sanctions and Export Control Laws, and (iii) You will not re-export or transfer the GJ Solution, in any form, directly or indirectly, to any person or entity based in Cuba, Iran, Syria, Sudan, South Sudan, or North Korea.
  6. Contact Information. If You have any questions about the GJ Solution or this TOU, or You wish to provide a notice to Company under this TOU, please contact the Company at:
    • Address: 1112 Wilmont Road, P.O. Box 333, Scarsdale, NY, 10583
    • Phone: 1-914-429-6880
    • Email: support@greenjoulez.com
  1. Miscellaneous. No joint venture, partnership, employment, affiliate, or agency relationship exists between You and Company as a result of this TOU or Your utilization of the GJ Solution. This TOU, Company’s Privacy Policy and any applicable Plan Details represent the entire agreement between You and Company with respect to use of the GJ Solution, and the Network, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Company with respect to the GJ Solution and the Network. You may not assign, delegate, or transfer any rights under this TOU without the prior written consent of Company. Please note that Company reserves the right to change the terms and conditions of this TOU by providing reasonable notice. If You have created an account through the GJ Solution, Company will provide such notice by emailing You a reasonable time before the change takes effect. Your continued use of the GJ Solution or the Network after such a notice will constitute Your acceptance of the revision; and if You choose not to accept the revision, You must cease using the GJ Solution before the change takes effect. If You have not created an account through the GJ Solution, Company will provide notice by updating the TOU available for view at Chargers, and by consenting to the TOU through the Charger You will be assenting to the changes. If You do not assent to the changes, You must not use a Charger after the changes. In addition, Company may add, modify, or delete any aspect, program, or feature of the GJ Solution, but Company is not under any obligation to add any upgrade, enhancement, or modification.