Privacy Policy
Last Updated: September 9, 2024
Thank you for visiting EVTechInsider.com, operated by Ewald Holdings LLC. Your privacy and the protection of your personal data are of utmost importance to us. This Privacy Policy outlines how we collect, use, and safeguard your information when you use our services, websites, and products (collectively referred to as the “Services”) provided by Ewald Holdings LLC and its subsidiaries or affiliated companies (collectively, “EV Tech Insider,” “we,” “us,” or “our”).
By accessing or using the Services, you agree to this Privacy Policy and our Terms of Use, which are located at the bottom of this page and incorporated by reference. If you have any questions or concerns regarding this Privacy Policy, please contact us at info@evtechinsider.com, or via postal mail at:
Ewald Holdings LLC
4604 49th Street North #1166
Saint Petersburg, FL 33709
1. Data Collection
We collect certain personal information (“Personal Information”) about you when you use our Services. Below, we describe the types of Personal Information we collect and how we collect it.
Information We Collect
- Identifiers: We may collect your full name, email address, postal address, phone number, birthdate, IP address, device ID, and other similar identifiers. Additional information, such as social media profiles, language preference, or website URL, may also be collected if provided.
- Internet or Other Electronic Network Activity Information: We gather data on your interactions with our Services, such as time spent, geolocation data, pages visited, links clicked, emails opened, language preferences, content engagement, mouse movements, and referral information. Automatic data collection may also include device type, operating system, browser type, screen resolution, and other technical data.
- Geolocation Data: We may collect or infer your physical location from your IP address, postal address, or other provided information.
- Commercial Information: We collect information about your interactions with our products and services, such as event registrations, digital subscriptions, webinar participation, and engagement with sponsored whitepapers.
- Payment Information: To process event registrations or purchases, we collect payment information, including credit card details.
- Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information: If you participate in a webinar or virtual conference and enable your camera or microphone, we may collect or record your image or voice.
- Professional or Employment-related Information: We may collect information related to your job, such as your title, company name, or website, when you register for an event, access our Services, or engage with our communications.
Information We Do Not Collect
We do not intentionally collect sensitive personal data, such as information regarding racial or ethnic origin, religion, gender, or medical conditions. Nor do we collect sensitive identifiers like social security or passport numbers. We do not knowingly collect information from children under 13 years of age. If we become aware that we have collected information from a child, we will delete it promptly.
Data Sources
We collect Personal Information directly from you, such as when you subscribe to our newsletter, register for events, or download content. Additionally, third parties or public sources may provide us with Personal Information, such as publicly accessible social media profiles, private third parties, law enforcement, or public records.
2. Data Uses
We use your Personal Information for various purposes, including:
- To Fulfill Contractual Obligations: We process your Personal Information to provide you access to our Services, deliver digital subscriptions, handle customer service requests, process payments, and comply with our Terms of Use. This may involve processing Identifiers, Payment Information, Internet or Other Electronic Network Activity Information, and Commercial Information.
- For Legitimate Business Interests: We use your Personal Information to improve our Services, ensure security, prevent fraud, and for marketing purposes, such as sending newsletters or promoting other relevant products or services.
- To Comply with Legal Obligations: We process your Personal Information to comply with applicable laws and regulations, respond to legal requests, or protect our legal rights.
- With Your Consent: We may use your Personal Information for purposes to which you have explicitly consented, such as sending marketing communications or responding to inquiries.
If we need to use your Personal Information for purposes other than those for which it was originally collected, we will notify you and, if required, seek your consent.
3. Data Sharing and Disclosure
We may share your Personal Information with third parties under the following circumstances:
- With Your Consent: We share your information if you have explicitly consented to it. For instance, when you participate in sponsored services like webinars or virtual conferences, your information may be shared with sponsors of those services.
- With Service Providers: We work with a limited number of service providers who process data on our behalf to help us deliver our Services. These providers are bound by privacy obligations similar to those outlined in this Policy.
Third-Party Service Providers Include:
- Email Providers: We use third-party email services such as Beehiv and Active Campaign to manage our newsletters and communications.
- Analytics: We use Google Analytics and Microsoft Clarity to analyze website traffic and engagement in an anonymized form.
- CRM Tools: We use tools like Pipedrive for customer relationship management to manage and store customer data securely.
- Virtual Communication Services: For webinars and virtual events, we use Zoom, which collects and processes data on our behalf.
- Forms and Downloadable Content: We use services like Elementor Forms, Brave Popup IO, and custom forms written by our team to manage form submissions and downloadable content.
Legal Disclosure: We may share your information if required to comply with legal processes, protect our rights, or ensure the safety of our users.
Aggregate Information: We may share aggregate, anonymized data with third parties for analytics or marketing purposes. This data does not include identifiable information.
4. Data Access and Control
You have rights regarding your Personal Information, including the right to access, correct, or delete your data. To exercise these rights, please contact us at info@evtechinsider.com. We may retain certain information as required by law or for legitimate business purposes.
5. Data Security
We employ various security measures to protect your Personal Information, including encryption and access controls. While we strive to protect your data, no method of transmission over the internet or electronic storage is completely secure. We will notify you in the event of a data breach that may compromise your sensitive information.
6. EU Data Rights
If you are in the European Economic Area (EEA), you have additional rights under the GDPR, including the rights to access, correct, delete, or restrict the processing of your Personal Information. To exercise these rights, please contact us using the details provided.
7. International Data Transfers
By using our Services, you consent to the transfer of your Personal Information to the United States and other jurisdictions, where data protection laws may differ. We take steps to ensure that your data is protected in accordance with this Privacy Policy and applicable laws.
8. Do Not Track
We do not respond to “Do Not Track” signals as there is currently no industry standard for these settings.
9. Third-Party Links
Our Services may include links to third-party websites. We are not responsible for the privacy practices of these third parties. Please review their privacy policies before providing any personal information.
10. Cookies and Other Technologies
We use cookies and similar technologies to enhance your experience on our websites. You can adjust your browser settings to refuse cookies, but this may affect the functionality of our Services.
11. Changes to This Privacy Policy
We may update this Privacy Policy from time to time. We will notify you of any changes by posting the updated policy on our website. Your continued use of the Services constitutes your acceptance of the changes.
Contact Information
For questions about this Privacy Policy, please contact us at:
Privacy Department
Ewald Holdings LLC
4604 49th Street North #1166
Saint Petersburg, FL 33709
Email: info@evtechinsider.com
Third Party Services:
Beehiv and/or Active Campaign If you submit your email address, we will use your email address to send you our newsletter and any other materials that you opt into as identified elsewhere on our Website. We store and manage email addresses through a third-party providers, Beehiv and Active Campaign.
These are third-party providers for purposes of the GDPR. Beehiv and Active Campaign store email addresses and allows us to send email addresses to multiple subscribers at the same time.
Beehiv and Active Campaign may also receive certain other information about you depending on the content of your submission to us and to Beehiv and Active Campaign through its own forms.
Beehiv and Active Campaign will store any forms that you submit via any Beehiv and Active Campaign tools on our website. For questions about how Beehiv and Active Campaign uses your Personal Information, please contact us using the Contact Information below. You may also contact Beehiv and Active Campaign directly at: BEEHIV AND ACTIVE CAMPAIGN: Beehiv http://www.beehiiv.com/ Beehiv 7955 South Potomac Street, Englewood, CO 80112. Active Campaign activecampaign.com 1 N Dearborn St, Suite 500, Chicago, IL 60602
Pipedrive (our CRM) is mainly used for customers only, not typically used for regular readers. This is where we hold our advertising/sponsorship information such as name, email, company, title, social media links (LinkedIn typically) of potential advertising customers. You can reach Pipedrive at:
Pipedrive.com
530 Fifth Avenue, 8th floor, Suite 802. New York, NY 10036
Terms of Use
Terms of Use
Last Updated: September 9, 2024
These Terms of Use govern your use of and access to all of the products, services, and websites (the “Services”) provided by Ewald Holdings LLC (“EV Tech Insider,” “we,” “our,” or “us”), including, without limitation: the website (www.EVTechInsider.com) (the “Website”); the information, content, materials, products, and services, including but not limited to our digital newsletter, digital news, print news, made available on or through the Services; and events, offers, and communication forums, including webinars and virtual conferences.
These Terms will remain in full force and effect as long as you use the Services. We encourage you to read these Terms carefully. By accessing or using the Services, you acknowledge that you have read and agree to be bound by these Terms and the Privacy Policy, which is incorporated herein by reference. Being exposed to advertising is a condition of accessing the Services. EV Tech Insider reserves the right to update these Terms at any time without notice to you. Your continued access to and use of the Services after such updates are effective is your acknowledgment and agreement to such modifications.
1. Eligibility
To use and access the Services, you must be 18 years or older, and you must have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. You also represent that any information you submit to us or the Services is true, accurate, current, complete, and lawful.
You may not use or access the Services if we have previously suspended or removed you from the Services, or if your registration or your use of the Services is not in compliance with any applicable laws or these Terms. Also, you may not use the Services if your use would cause us to violate any applicable laws or regulations.
2. Personal and Non-Commercial Use
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, or other material obtained from or made available on the Services.
3. Prohibited Uses
You may not use the Services for any of the following:
- Reproducing, duplicating, copying, selling, reselling, publishing, performing, licensing, uploading, posting, transmitting, distributing, or otherwise exploiting for any purpose, any portion of, functionality of, or access to the Services, except for your own, personal non-commercial use;
- Selling or renting any part of the Services, any derivative works based in whole or in part on the Services, or any collective work that includes any part of the Services;
- Using the Services in violation of any applicable laws, rules, and regulations;
- Reverse engineering, modifying, altering (including by removing or disabling any security or technological safeguards, disclaimers, or legends), any portion of, functionality of, or access to the Services;
- Deleting the copyright or other proprietary rights notices on the Services;
- Modifying, adapting, translating, or creating derivative works based upon the Services, unless you have our prior written consent;
- Removing, circumventing, disabling, damaging, or otherwise interfering with security-related features of the Services, features that prevent or restrict use or copying of any Services, or features that enforce limitations on the use of the Services; or
- Intentionally interfering with or damaging the operation of the Services or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
Any violation of these Terms may result in the immediate termination of your account, use, or access to the Services.
4. Communicating With Us and Other Users
We may allow you to communicate with us or other users or participants of the Services, such as through e-mail, webinars, virtual conferences, chat forums, and other communication facilities (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are consistent with these Terms. Specifically, you agree that you will not:
- Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information;
- Upload or otherwise make available content or information protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consent to do the same;
- Harvest, scrape, or otherwise collect information about other users or participants of the Services, including e-mail addresses;
- Create a false identity for the purpose of misleading others;
- Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof; or
- Use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise), or to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
We have no obligation to monitor the Communication Services. However, we reserve the right to review and remove any content, material, or information you post to the Communication Services in our sole discretion, whether or not it violates these Terms. We reserve the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Always use caution when giving out any personally identifiable information about yourself or your children on any Communication Services. EV Tech Insider does not control and does not endorse the content, messages, or information found in any Communication Service and, therefore, EV Tech Insider specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.
Your use of the Communication Services, and any information that you submit to the Communication Services, is subject to our Privacy Policy. We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in our sole discretion, with or without notice to you.
5. Sponsored Content / Webinars / Virtual Conferences / Whitepapers
We may make available to you certain information, content, and materials (“Content”) via the Website, webinars or virtual conferences, or via sponsored whitepapers that we publish on the Services. We permit you to use the Content from the Services, provided that (1) you do not alter, remove, or modify any copyright or other intellectual property notices contained, printed on, or otherwise associated with such Content; (2) you use the Content solely for informational and non-commercial or personal use; and (3) you do not modify any of the Content. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
EV TECH INSIDER AND/OR ITS SPONSORS, SUPPLIERS, OR CONTENT PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICES, THE INFORMATION OR CONTENT CONTAINED IN THE SERVICES, AND RELATED INFORMATION PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EV TECH INSIDER AND/OR ITS SPONSORS, SUPPLIERS, OR CONTENT PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL EV TECH INSIDER AND/OR ITS SPONSORS, SUPPLIERS, OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOST PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OR INFORMATION AVAILABLE FROM THE SERVICES.
THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. EV TECH INSIDER AND/OR ITS SPONSORS, SUPPLIERS, OR CONTENT PROVIDERS WILL NOT BE LIABLE FOR ANY DELAYS, INACCURACIES, ERRORS, OR OMISSIONS IN OR ON THE SERVICES, OR IN THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF, OR FOR ANY DAMAGES ARISING THEREFROM. EV TECH INSIDER AND/OR ITS SPONSORS, SUPPLIERS, OR CONTENT PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES AT ANY TIME, WITHOUT PENALTY OR NOTICE TO YOU.
Webinars, virtual conferences, sponsored whitepapers, and certain other features or portions of the Services (each, a “Sponsored Service,” and collectively, the “Sponsored Services”) may be sponsored by third parties (“Sponsors”). In connection with this sponsorship, EV Tech Insider provides a list of attendees, participants, or users of such Sponsored Services to the Sponsors. This list includes information such as names, titles, organizations, email addresses, and countries. If you do not wish for your information to be passed along to Sponsors, you should not register for, use, or access Sponsored Services.
6. Payment Policy
You are able to take advantage of many EV Tech Insider products, services, and websites free of charge. However, EV Tech Insider reserves the right to introduce or modify the fees for the Services or certain parts or features of the Services, including, but not limited to subscription fees, webinar registration fees, and downloadable content fees, at any time; provided, however, that we will notify you in advance if the price of a product or service changes from what was stated at the time of your order, and the price introduction or change will not go into effect until the expiration of your current billing cycle. If we change the price of a product or service, and you are currently paying for the product or service under different terms, you will not receive a refund or additional charge.
You will pay all fees and charges incurred through your account or registration at the rates in effect for the billing cycle or term in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service providers. Any fees and charges relating to your use of the Services through your account will be billed to and paid for by you. You will pay all applicable taxes relating to use of the Services and recognize that any fees to third parties that may be required for you to receive the Services (such as mobile data plans and text-message charges) are not included in the cost of the Services.
Unless explicitly stated otherwise, all fees and charges are nonrefundable.
Unpaid Charges
If your payment method is otherwise invalid, your access to and use of the Services will not automatically be terminated. You will remain responsible for all charges.
You will be responsible for all costs we incur in connection with the collection of unpaid amounts, including court costs, attorneys’ fees, collection agency fees, and any other associated costs.
8. International Use
We operate the Services in the United States, which means that if you choose to access our Services from a location outside the United States, you acknowledge and consent to the collection, transmission, use, storage, and processing of your personal information in the United States. You agree you are solely responsible for complying with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Services to the extent such laws are applicable.
9. Privacy
Our Privacy Policy governs your use of and access to the Services.
10. Intellectual Property
Copyright
All content and functionality on the Services, including Content, visual interfaces, text, graphics, logos, design, information, icons, images, services, content, videos, downloadable or supplementary materials, and all other elements of the Services, in addition to any concepts, know-how, tools, frameworks, software, applications, or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to, or selection, arrangement, or derivative works thereof (the “Services Materials”) is the exclusive property of EV Tech Insider or its licensors and, to the extent applicable, is protected by U.S. and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights.
You may download or copy the Services Materials and other downloadable items available on or through the Services solely for your personal use, provided that you maintain all copyright and other notices contained therein.
Trademark
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Services are the registered and unregistered Trademarks of EV Tech Insider and its licensors. You agree that, except as expressly permitted by us or by our licensors, where applicable, you will not use EV Tech Insider’s Trademarks for advertising or promotion purposes, and that you will not imply any endorsement by or relationship with EV Tech Insider or its licensors.
Your Content
Unless you have a specific agreement with us stating otherwise, EV Tech Insider does not claim ownership of the content or materials you provide to us or post, upload, input, or submit to the Services (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting (“Posting”) your Submission, you grant EV Tech Insider, its affiliated companies and necessary sublicensees a worldwide, royalty-free, irrevocable, fully paid-up, transferable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use the Submission, including, without limitation, to promote, market, and provision the Services and to contact you regarding the Services. You are solely responsible for your Submission(s) and the consequences of Posting, transmitting, or distributing them.
EV Tech Insider has no obligation to pay you for the use of your Submission under these Terms. EV Tech Insider has no obligation to post or use any Submission you may provide, and EV Tech Insider may remove any Submission at any time in its sole discretion.
By Posting a Submission, you warrant and represent that (a) you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submission, and (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms.
11. Third-party Websites
The Services may include links or references to third-party web sites, products, or services solely as a convenience to you (“Third-Party Sites”). The inclusion of any link or references does not imply our endorsement of any such Third-Party Site. These links or references may let you leave the Website and visit a Third-Party Site. Third-Party Sites are not under our control, and we are not responsible for the contents, information, materials, products, or services of any Third-Party Site, or any link contained in a Third-Party Site, or any changes or updates to such Third-Party Sites. Your access to and use of Third-Party Sites, including the information, materials, products, or services on or available through those Third-Party Sites, is solely at your own risk and may be governed by different terms of use and privacy policies.
12. Third-Party Services and Promotions
We use third-party service providers (“Third-Party Service Providers”) to help us provide the Services to you. For example, when you register for, participate in, or access an event, webinar, or virtual conference; download a whitepaper or other Content on the Services; or sign up for or purchase a subscription to our print or digital magazine, you may be required to provide information to a Third-Party Service Provider. You understand and acknowledge that the information you provide to a Third-Party Service Provider is governed by that Third-Party Service Provider’s privacy policy and terms of use, and EV Tech Insider is not responsible for the products or services that the Third-Party Service Provider provides to you. We may, in our sole discretion, for any or no reason and without penalty or notice to you, suspend or terminate our relationship with any Third-Party Service Provider.
We sometimes may offer contests, sweepstakes, or promotions (“Promotions”) that are sponsored by or co-sponsored with certain third parties. By virtue of their sponsorship, these third parties may request personally identifiable information from you in order for you to participate in a Promotion. EV Tech Insider has no control over the third-party sponsors’ use of this information. For certain Promotions, only users who provide us with the requested information will be able to order products, programs, and services, or otherwise participate in a Promotion’s activities and offerings.
13. Account and Registration Information
Some of the Services may require you to create an account and/or password (“Login Credentials”). You are solely responsible for maintaining the accuracy, truthfulness, completeness, and confidentiality of, and you agree to accept responsibility for all activities that occur under, your Login Credentials. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you agree to immediately notify us. You may be liable for any losses we or others incur as a result of unauthorized use of your Login Credentials. We may, in our sole discretion, for any or no reason and without penalty or notice, suspend or terminate your account, or discontinue providing access to all or any part of the Services. If we terminate your account or your right to use the Services, you agree that we will not be liable to you or any third party for any such termination. You may terminate these Terms at any time going forward by deleting your account with the Services and discontinuing use of any and all parts of the Services.
14. Indemnification
You agree, to the extent permissible under your jurisdiction’s laws, to indemnify, defend, and hold harmless EV Tech Insider and its parent, successors, affiliated companies, contractors, officers, directors, employees, agents, and its third-party suppliers, licensors, and partners (the “EV Tech Insider Parties”) from and against all losses, damages, liabilities, demands, judgments, settlements, costs, and expenses of any kind (including legal fees and expenses), from any claim or demand relating to or arising out of (i) your access to, use, or misuse of the Services; (ii) your breach or alleged breach of these Terms, or any violation of the Terms, including any breach of the representations, warranties, and covenants made herein; or (iii) your failure to comply with applicable laws, including the infringement of any intellectual property, privacy, or other right of any person or entity by you or any third-party acting on your behalf. EV Tech Insider reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding when we become aware of it.
15. Disclaimer
THE SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ACKNOWLEDGE THAT ANY RELIANCE UPON THE SERVICES IS ENTIRELY AT YOUR SOLE OPTION AND RISK. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EV TECH INSIDER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR BE TO YOUR LIKING, OR THAT INFORMATION OFFERED ON OR THROUGH THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. EV TECH INSIDER WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON THIRD-PARTY SITES OR PROVIDED BY THIRD PARTIES. EV TECH INSIDER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY. THE ABOVE EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
EV Tech Insider does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider, or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information is at your sole risk.
16. Limitation of Liability
IN NO EVENT WILL EV TECH INSIDER OR THE EV TECH INSIDER PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, LOSS OF USE, DAMAGED EQUIPMENT OR MATERIALS, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER), LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES, OR YOUR INTERACTION WITH OTHER USERS OF THE SERVICES (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT, IF ANY, YOU PAID TO EV TECH INSIDER FOR ACCESSING THE SERVICES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE EV TECH INSIDER PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO EV TECH INSIDER’S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU.
17. Miscellaneous
Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any part of the Terms will be effective only with our written, signed consent. These Terms are governed by and construed in accordance with the laws of the State of Florida without reference to the principles of conflicts of laws thereof. Venue for any legal proceedings will be in Pinellas County, Florida. If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. You will not transfer or assign any of these Terms, including any of the rights or licenses we grant to you. We may assign these Terms without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void. Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 3, 5, and 8 through 17. These Terms use heading references, which are not a part of the Terms and should not be deemed to limit or affect any of the provisions in these Terms. The Terms and the Privacy Policy constitute the entire agreement between you and EV Tech Insider relating to the subject matter herein and will not be modified except by a change to the Terms or Privacy Policy made by us according to these Terms.