Terms & Conditions
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND LEGACY EV, LLC. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE (A) IF YOU DO NOT AGREE TO THESE TERMS OR (B) IF YOU ARE NOT AT LEAST 18 YEARS OF AGE.
LEGACY EV STANDARD TERMS AND CONDITIONS
All sales made by Legacy EV, LLC (“Legacy EV”) to you or any third party (“Customer”) are subject to these terms and conditions. These terms and conditions apply to orders for, and sales of, all products described in Legacy EV’s then-current comprehensive product listing (“Products”) and all services described in Legacy EV’s then-current comprehensive service listing (“Services”). The Services may include, but are not limited to, the Legacy EV HQ Subscription. Legacy EV may modify these terms and conditions from time to time. Such modifications of these terms and conditions will not retroactively affect orders which have previously been submitted and accepted by Legacy EV. Customer should review these terms and conditions before purchasing any Product or Service.
- ACCEPTANCE. Any of the following acts shall constitute Customer’s acceptance of these terms and conditions by the earliest of: (a) Customer clicking the box next to “I agree with the terms and conditions” on Legacy EV’s website prior to checking out; (b) Legacy EV’s receipt of a quote or purchase order signed or authorized by Customer (a “Quote”) or other written indication of acceptance, (c) Customer directs Legacy EV to commence any of the work or services identified in a Quote, including by issuing a purchase order; or (d) Customer accepts delivery of any of the Products or Services identified in a Quote. If Customer objects to any of these terms or conditions, such objection must be made in writing and received by Legacy EV within five (5) calendar days after Legacy EV’s issuance of a Quote to Customer. Failure to so object shall be conclusively deemed to be acceptance of the terms and conditions hereof. Upon Customer’s acceptance, these terms and conditions shall become a valid and binding agreement between Customer and Legacy EV. Any offer, estimate, quote by Legacy EV is expressly conditioned upon Customer’s complete acceptance of these terms and conditions, which together with the Quote shall constitute the sole and and entire agreement between Legacy EV and Customer. Any additional or different terms and conditions contained in any pre-Quote documents, contained in any document issued in response to a Quote, or in any other document issued by Customer at any time are considered material alterations, are objected to and rejected, and shall have no binding effect with respect to any purchases of Products or Services made pursuant to a Quote. Legacy EV specifically rejects any attempt by Customer to include different or additional terms of sale at any time and only Legacy EV’s signed consent will bind it to any different or additional terms hereinafter transmitted in any form by Customer. In the event of any conflict between the terms of these terms and conditions and the terms of any Quote or other document issued by Customer, these terms and conditions shall prevail.
- ORDERING. When placing an order for Products or Services, Customer may be asked to supply certain information relevant to Customer’s transaction including, but not limited to, information about Customer’s method of payment (such as Customers payment card number and expiration date), billing address and shipping information. CUSTOMER REPRESENTS AND WARRANTS THAT CUSTOMER HAS THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, Customer grants Legacy EV the right to provide such information to third parties for purposes of facilitating the completion of the transactions initiated by Customer. Customer agrees that any order is an offer to buy, under these terms and conditions, all Products and Services listed in Customer’s order. All orders must be accepted by Legacy EV or Legacy EV will not be obligated to sell the Products or Services to Customer. Legacy EV may choose not to accept orders at its sole discretion, or limit or cancel quantities purchased per person, per household, or per order even after Legacy EV sends a confirmation email with an order number and details of the items Customer has ordered. These restrictions could be instituted for safety, fraud, or other concerns and may include orders placed by or under the same Customer account, the same payment method, and/or orders that use the same billing or shipping address. Legacy EV will provide written confirmation of its receipt and acceptance of orders for Products and Services along with an order confirmation number for any order. Customer agrees that problems with payment processing may need to be resolved with such third party processors, and that all registration, billing, and shipment information must be truthful, accurate, and up-to-date.
- ALL TRANSACTIONS SUBJECT TO TERMS. All acknowledgments and invoices issued pursuant to these terms and conditions are issued for convenience of the parties only and shall be subject to the provisions of these terms and conditions. Legacy EV, by these terms and conditions, objects to any modification of or addition to these terms and conditions. No modification to these terms and conditions shall be valid without the prior written consent of Legacy EV.
- COPYRIGHT AND TRADEMARK NOTICES; LIMITATIONS ON USE. Customer shall not alter or remove, or permit any third parties to alter or remove, any trademarks, service marks, logos, icons or trade names included on or used in connection with Products, Services, packages or other materials contained in the packages, Services or Products, or any other trademarks, service marks, logos, icons or trade names of Legacy EV (collectively, the “Trademarks”). All use of the Trademarks, including, but not limited to, use in promotional, marketing or other materials related to Products or Services, shall be subject to the prior written consent of Legacy EV. In the event promotional, marketing or other materials are provided to Customer by Legacy EV, no modifications or alterations may be made to any such materials without the prior written consent of Legacy EV. Nothing in these terms and conditions shall grant Customer any right, title or interest in the Trademarks. Customer shall not, directly or indirectly, cause or allow to be caused any infringement of Legacy EV’s intellectual property or other proprietary rights. Customer shall maintain, and shall not remove, any copyright and trademark notices on any Products or contained in marketing, promotional or other materials regarding Products and Services. Customer shall not: (i) use Products or Services for any purpose other than as intended by Legacy EV; or (ii) reproduce, distribute, modify, disassemble, decompile, reverse engineer, attempt to derive the source code or to create any derivative works of any Products or Services or portions or components of Products or Services.
- CONFIDENTIAL INFORMATION. Each party shall maintain any and all Confidential Information (defined below) of the other party in the strictest confidence and shall not disclose, use, commercialize or otherwise appropriate, in whole or in part, any Confidential Information of the other party without the prior written consent of such party. Notwithstanding the foregoing, Legacy EV may share Confidential Information with financing institutions and its suppliers. Without limiting the foregoing, each party shall safeguard the Confidential Information of the other party and prevent its unauthorized, negligent or inadvertent use, copying or disclosure in a manner not less than that employed to protect such party’s similar confidential information and always with at least a reasonable degree of care. Upon the written request of the disclosing party, the receiving party shall return or, at the disclosing party’s option, destroy all Confidential Information of the disclosing party. “Confidential Information” means any information (written, oral or stored in any information storage or retrieval medium or device) that the disclosing party treats as confidential or proprietary, including, but not limited to, all information, documents and financial reports relating to the disclosing party or its business, operations, technical or financial information, including, but not limited to, research, products, costs, marketing information, business studies, finances, compositions, strategies, pricing information and any other information and materials that have not been made available to the general public. Confidential Information shall not include any information which: (i) is already known to the receiving party at the time of receipt or access without duty of confidentiality or other restriction; (ii) is or becomes publicly known through no wrongful act of the receiving party; (iii) is rightfully received from a third party without restriction and without breach of these terms and conditions; (iv) is independently developed by the receiving party without use of or reliance on the disclosing party’s Confidential Information; or (v) is approved for release by written authorization of the disclosing party. Should a party be required to disclose Confidential Information of the other party by order of a government agency or bureau or a court of law or equity, such party may make such disclosure, provided that the receiving party will first have provided the disclosing party with prompt written notice of such required disclosure and will take reasonable steps to allow the disclosing party to seek a protective order with respect to the Confidential Information required to be disclosed.
- PRODUCT RETURNS. EXCEPT AS SET FORTH IN THIS SECTION 8, LEGACY EV OFFERS NO REFUNDS FOR ANY PRODUCTS OR SERVICES.
- Stock Items. All unused Products that are part of Company’s standard stock may be returned, subject to a 25% restocking charge. The Product must be unused and returned in its original packaging in order to receive credit for the return. All shipping costs for any returned product will be the responsibility of Customer.
- Special Items. All unused Products that are not part of the Company’s standard stock will be subject to a 100% restocking charge. No credit will be issued for return of these Products.
- Deposits for Products. Under no circumstances will a deposit paid on a Product be refunded.
- NO WARRANTY AND DISCLAIMER OF IMPLIED WARRANTIES. LEGACY EV MAKES NO WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, IN CONNECTION WITH THESE TERMS AND CONDITIONS, PRODUCTS, SERVICES AND LEGACY EV’S PERFORMANCE UNDER THESE TERMS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR IN WRITING, IN FACT OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, AND CUSTOMER EXPRESSLY WAIVES ANY AND ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF CUSTOMER’S JURISDICTION, LEGACY EV LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE WARRANTY PERIOD AND THE REMEDIES SET FORTH BELOW.
- LIMITATION ON LIABILITY. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, OR OTHER INDIRECT LOSS OR DAMAGE ARISING OUT OF THESE TERMS AND CONDITIONS, THE USE OR POSSESSION OF PRODUCTS OR SERVICES OR PERFORMANCE UNDER THESE TERMS AND CONDITIONS HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER BASED IN CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LEGACY EV’S LIABILITY TO CUSTOMER OR CUSTOMER’S CUSTOMERS ARISING OUT OF THESE TERMS AND CONDITIONS, THE USE OR POSSESSION OF PRODUCTS OR SERVICES OR LEGACY EV’S PERFORMANCE UNDER THESE TERMS AND CONDITIONS EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO LEGACY EV UNDER THESE TERMS AND CONDITIONS FOR PRODUCTS OR SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, WHICH SHALL BE CUSTOMER’S SOLE REMEDY UNDER THESE TERMS AND CONDITIONS.
- SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO CUSTOMER OR CUSTOMER’S PURCHASE OF PRODUCTS. THIS SECTION 11 OUTLINES CUSTOMER’S SPECIFIC LEGAL RIGHTS AND REMEDIES UNDER THESE TERMS, BUT CUSTOMER MAY ALSO HAVE OTHER RIGHTS AND REMEDIES WHICH ARISE FROM OPERATION OF LAW AND WHICH VARY FROM STATE TO STATE.
- AUTHORIZED INSTALLERS. Customer agrees that Legacy EV shall have no liability for the actions or omissions of any authorized installer. Customer shall perform Customer’s own due diligence on any authorized installer before hiring the authorized installer to provide any services to Customer. Other than to verify that the authorized installers have completed Legacy EV’s training, Legacy EV makes no representation or warranty with regard to the authorized installers by including them on Legacy EV’s website.
- DISCONTINUATION OF PRODUCTS OR SERVICES. Legacy EV may at any time discontinue offering or providing any or all Products or Services without incurring any liability to Customer or Customer’s customers, if applicable.
- NOTICES. Legacy EV may provide any notice to Customer under these terms and conditions by: (a) sending a message to the email address Customer provided, or (b) by posting to the website. Customer consents to receive electronic communications, and agrees that all Notices, agreements, disclosures, and other communications Legacy EV provides electronically, via email and on the website, satisfy any legal requirement that such communication be in writing. All other notices, requests, demands and other communications (“Notice”) must be in writing and shall be given by (i) personally delivering the Notice to the party, against a signed receipt, (ii) mailing the Notice by registered or certified mail, return receipt requested, or (iii) sending via nationally recognized courier services to the party at the address of such party as set forth below. Notices to Legacy EV shall be sent to: Legacy EV, LLC, 712 Hacienda, Drive # 1, Tempe, AZ 85281, Attention: T&C Customer Service. Notices to Customer shall be sent to Customer’s shipping address provided when Customer ordered the Products or Services. Notices shall be effective as of the date of receipt.
- COMPLIANCE WITH LAWS. Each party shall comply with any and all laws, regulations and orders that may be applicable to such party and Products and Services. Products and Services may be subject to export controls under the laws and regulations of the United States and any other applicable countries’ laws and regulations. Customer shall not export or otherwise distribute or direct Products or Services or any part of Products or Services, in violation of any law or regulation of the United States. Customer shall also comply with all export and import laws of all countries involved in the sale of, or the resale of, the Products under these terms and conditions. Customer assumes all responsibility for shipments of Products requiring any government import clearance. Legacy EV may terminate any orders to Customer and these terms and conditions if any governmental authority imposes antidumping or countervailing duties or any other penalties on the Products. Customer warrants that it shall not export any Products or Services with knowledge that they will be used in the design, development, production or use of chemical, biological, nuclear or ballistic weapons, or in a facility engaged in such activities unless Customer has obtained prior approval from the U.S. Department of Commerce. Customer shall not knowingly transfer Products or Services to, or make them available for use by or for, any government or military end-user located in or operating under the authority of any country not identified in Supplement No.1, Country Group A:1 to Part 740 of the EAR without the proper authorization and approval of the United States government. Neither party has made nor shall make any direct or indirect payment of, offer to pay, authorization to pay, gift of, promise to give, or authorization of the giving of anything of value to any U.S. or foreign government official, or the immediate family of any such official, for the purpose of influencing an act or decision of the government or such individual in order to assist, directly or indirectly, such party in obtaining business, retaining business or securing an improper advantage.
- BINDING EFFECT/ASSIGNMENT/NO THIRD PARTY BENEFICIARIES. These terms and conditions shall be binding upon and shall inure to the benefit of Legacy EV and Customer and their respective representatives, successors, heirs and permitted assigns. Customer shall not assign or delegate any of Customer’s obligations under these terms and conditions without Legacy EV’s prior written consent. Any purported assignment or delegation in violation of this Section 16 is null and void. No assignment or delegation relieves Customer of any of Customer’s obligations under these terms and conditions. These terms and conditions do not and are not intended to confer any rights or remedies upon any person other than Customer.
- FORCE MAJEURE. Legacy EV shall not be liable for any delay in or failure of performance resulting from fire, labor dispute, strike, lockout, war, insurrection, terrorist action, government restriction, pandemic, act of God, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. or other force majeure beyond its reasonable control, provided that Legacy EV uses its best efforts to resume performance as promptly as possible following such an event.
- WAIVER. The failure of either party to act upon any right, remedy or breach of these terms and conditions shall not constitute a waiver of that or any other right, remedy or breach. No waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
- GOVERNING LAW. These terms and conditions and the rights and obligations of the parties under these terms and conditions shall be governed by and construed in accordance with the laws of the State of Arizona, including, but not limited to, its provision of the Uniform Commercial Code, and the United States of America, without regard to principles of conflicts of laws. These terms and conditions and the rights and obligations of the parties under these terms and conditions shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sales of Goods or the United Nations Convention on the Limitation Period in the International Sales of Goods, as amended.
- CONSENT TO FORUM. The federal and state courts having jurisdiction over Tempe, Arizona shall have exclusive jurisdiction over any dispute or controversy arising under or related to these terms and conditions including, but not limited to, the collection of any amounts due to Legacy EV for Products or Services. Each party consents to the personal and exclusive jurisdiction of such courts and waives any objection that it may have to the venue of any such proceeding and any claim or defense of inconvenient forum. Service of process may be made in accordance with the notice provision of these terms and conditions. Any award made by a court in conjunction with litigation between the parties regarding these terms and conditions shall include an award of all reasonable attorneys’ fees and legal costs incurred by the party in whose favor the final decision is rendered, and such sum may be added to any judgment entered in the litigation. A party’s right to the foregoing shall not merge with but shall survive the entry of judgment and shall extend to appeals and collection.
- TIME LIMIT TO BRING AN ACTION. Notwithstanding any applicable statute of limitations period to the contrary, Customer must file any civil action (whether at law or in equity) against Legacy EV no later than one (1) year after the event giving rise to liability.
- NO SETOFF. Customer has no rights to set off against amounts due to Legacy EV for Products and Services.
- SEVERABILITY. Any provision of these terms and conditions determined by a court of competent jurisdiction to be unenforceable or invalid shall be modified to the extent necessary to eliminate the invalidity or unenforceability and any remaining unenforceability or invalidity shall have no effect on any of the other terms of these terms and conditions which shall remain in full force and effect.
- INTERPRETATION. These terms and conditions shall be fairly interpreted in accordance with their terms and without any strict construction in favor of or against either party. Any ambiguity shall not be interpreted against the drafting party.
Last updated: Aug 2023
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
"Account" means a unique account created for You to access our Service or parts of our Service.
"Business", for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California.
"Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Legacy EV
"Country" refers to United States.
"Consumer", for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
"Cookies" are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
"Data Controller", for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
"Device" means any device that can access the Service such as a computer, a cellphone or a digital tablet.
"Do Not Track" (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
"Personal Data" is any information that relates to an identified or identifiable individual.
For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
"Sale", for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's personal information to another business or a third party for monetary or other valuable consideration.
"Service" refers to the Website.
"Service Provider" means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
"Usage Data" refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
"Website" refers to Legacy EV , accessible from https://legacyev.com
"You" means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
First name and last name
Address, State, Province, ZIP/Postal code, City
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
- Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data
The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.
We may use third-party Service providers to monitor and analyze the use of our Service.
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
Categories of Personal Information Collected
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.
Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by Us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if You provided such personal information directly to Us.
Category A: Identifiers.
Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, passport number, or other similar identifiers.
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
Category C: Protected classification characteristics under California or federal law.
Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Category D: Commercial information.
Examples: Records and history of products or services purchased or considered.
Category E: Biometric information.
Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
Category F: Internet or other similar network activity.
Examples: Interaction with our Service or advertisement.
Category G: Geolocation data.
Examples: Approximate physical location.
Category H: Sensory data.
Examples: Audio, electronic, visual, thermal, olfactory, or similar information.
Category I: Professional or employment-related information.
Examples: Current or past job history or performance evaluations.
Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
Category K: Inferences drawn from other personal information.
Examples: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Under CCPA, personal information does not include:
- Publicly available information from government records
- Deidentified or aggregated consumer information
- Information excluded from the CCPA's scope, such as:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
- Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994
Sources of Personal Information
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from You. For example, from the forms You complete on our Service, preferences You express or provide through our Service, or from Your purchases on our Service.
- Indirectly from You. For example, from observing Your activity on our Service.
- Automatically from You. For example, through cookies We or our Service Providers set on Your Device as You navigate through our Service.
- From Service Providers. For example, third-party vendors to monitor and analyze the use of our Service, third-party vendors for payment processing, or other third-party vendors that We use to provide the Service to You.
Use of Personal Information for Business Purposes or Commercial Purposes
We may use or disclose personal information We collect for "business purposes" or "commercial purposes" (as defined under the CCPA), which may include the following examples:
- To operate our Service and provide You with our Service.
- To provide You with support and to respond to Your inquiries, including to investigate and address Your concerns and monitor and improve our Service.
- To fulfill or meet the reason You provided the information. For example, if You share Your contact information to ask a question about our Service, We will use that personal information to respond to Your inquiry. If You provide Your personal information to purchase a product or service, We will use that information to process Your payment and facilitate delivery.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to You when collecting Your personal information or as otherwise set forth in the CCPA.
- For internal administrative and auditing purposes.
- To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.
Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the "Use of Your Personal Data" section.
Disclosure of Personal Information for Business Purposes or Commercial Purposes
We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:
- Category A: Identifiers
- Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
- Category D: Commercial information
- Category F: Internet or other similar network activity
Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.
When We disclose personal information for a business purpose or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
Sale of Personal Information
As defined in the CCPA, "sell" and "sale" mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information by the business to a third party for valuable consideration. This means that We may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit.
Please note that the categories listed below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact sold, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been shared for value in return.
We may sell and may have sold in the last twelve (12) months the following categories of personal information:
- Category A: Identifiers
- Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
- Category D: Commercial information
- Category F: Internet or other similar network activity
Share of Personal Information
We may share Your personal information identified in the above categories with the following categories of third parties:
- Service Providers
- Payment processors
- Our affiliates
- Our business partners
- Third party vendors to whom You or Your agents authorize Us to disclose Your personal information in connection with products or services We provide to You
Sale of Personal Information of Minors Under 16 Years of Age
We do not sell the personal information of Consumers We actually know are less than 16 years of age, unless We receive affirmative authorization (the "right to opt-in") from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out, You (or Your authorized representative) may submit a request to Us by contacting Us.
If You have reason to believe that a child under the age of 13 (or 16) has provided Us with personal information, please contact Us with sufficient detail to enable Us to delete that information.
Your Rights under the CCPA
The CCPA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:
- The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
The right to request. Under CCPA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes and share of personal information. Once We receive and confirm Your request, We will disclose to You:
- The categories of personal information We collected about You
- The categories of sources for the personal information We collected about You
- Our business or commercial purpose for collecting or selling that personal information
- The categories of third parties with whom We share that personal information
- The specific pieces of personal information We collected about You
- If we sold Your personal information or disclosed Your personal information for a business purpose, We will disclose to You:
- The categories of personal information categories sold
- The categories of personal information categories disclosed
- The right to say no to the sale of Personal Data (opt-out). You have the right to direct Us to not sell Your personal information. To submit an opt-out request please contact Us.
The right to delete Personal Data. You have the right to request the deletion of Your Personal Data, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and direct Our Service Providers to delete) Your personal information from our records, unless an exception applies. We may deny Your deletion request if retaining the information is necessary for Us or Our Service Providers to:
- Complete the transaction for which We collected the personal information, provide a good or service that You requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform our contract with You.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if You previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with Us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which You provided it.
The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer's rights, including by:
- Denying goods or services to You
- Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
- Providing a different level or quality of goods or services to You
- Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services
Exercising Your CCPA Data Protection Rights
In order to exercise any of Your rights under the CCPA, and if You are a California resident, You can contact Us:
- By visiting this page on our website: https://legacyev.com
- By sending us an email: firstname.lastname@example.org
Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your personal information.
Your request to Us must:
- Provide sufficient information that allows Us to reasonably verify You are the person about whom We collected personal information or an authorized representative
- Describe Your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it
We cannot respond to Your request or provide You with the required information if we cannot:
- Verify Your identity or authority to make the request
- And confirm that the personal information relates to You
We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.
Any disclosures We provide will only cover the 12-month period preceding the verifiable request's receipt.
For data portability requests, We will select a format to provide Your personal information that is readily usable and should allow You to transmit the information from one entity to another entity without hindrance.
Do Not Sell My Personal Information
You have the right to opt-out of the sale of Your personal information. Once We receive and confirm a verifiable consumer request from You, we will stop selling Your personal information. To exercise Your right to opt-out, please contact Us.
The Service Providers we partner with (for example, our analytics or advertising partners) may use technology on the Service that sells personal information as defined by the CCPA law. If you wish to opt out of the use of Your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.
Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that You use.
You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:
- The NAI's opt-out platform: http://www.networkadvertising.org/choices/
- The EDAA's opt-out platform http://www.youronlinechoices.com/
- The DAA's opt-out platform: http://optout.aboutads.info/?c=2&lang=EN
The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If you change browsers or delete the cookies saved by your browser, You will need to opt out again.
Your mobile device may give You the ability to opt out of the use of information about the apps You use in order to serve You ads that are targeted to Your interests:
- "Opt out of Interest-Based Ads" or "Opt out of Ads Personalization" on Android devices
- "Limit Ad Tracking" on iOS devices
You can also stop the collection of location information from Your mobile device by changing the preferences on Your mobile device.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
- By visiting this page on our website: https://legacyev.com
- By sending us an email: email@example.com
Grievance Procedure Company Policy
Policy brief & purpose
Our grievance procedure policy explains how employees and trainees can voice their complaints in a constructive way. Supervisors and senior management should know everything that bothers employees or hinders their work, so they can resolve it as quickly as possible. Employees should be able to follow a fair grievance procedure to be heard and avoid conflicts.
The company encourages employees to communicate their grievances. That way we can foster a supportive and pleasant workplace for everyone.
This policy refers to everyone in the company regardless of position or status, including trainees.
We define grievance as any complaint, problem or concern of an employee regarding their workplace, job or coworker relationships.
Employees can file grievances for any of the following reasons:
- Workplace harassment
- Health and safety
- Supervisor behavior
- Adverse changes in employment conditions
This list is not exhaustive. However, employees should try to resolve less important issues informally before they resort to a formal grievance.
Employees who file grievances can:
- Reach out to their direct supervisor, department head, or training instructor
- File a grievance form explaining the situation in detail
- Refuse to attend formal meetings on their own
- Appeal on any formal decision
Employees who face allegation have the right to:
- Receive a copy of the allegations against them
- Respond to the allegations
- Appeal on any formal decision
The company is obliged to:
- Have a formal grievance procedure in place
- Communicate the procedure
- Investigate all grievances promptly
- Treat all employees who file grievances equally
- Preserve confidentiality at any stage of the process
- Resolve all grievances when possible
- Respect its no-retaliation policy when employees file grievances with the company or external agencies (e.g. equal employment opportunity committee)
Employees are encouraged to talk to each other to resolve their problems. When this isn’t possible, employees should know how to file a grievance:
- Communicate informally with their direct supervisor. The supervisor will try to resolve the problem. When employees want to complain about their supervisor, they should first try to discuss the matter and resolve it between them. In that case, they’re advised to request an informal meeting. Supervisors should try to resolve any grievance as quickly as possible. When they’re unable to do so, they should refer to the HR department and cooperate with all other procedures.
- If the grievance relates to a supervisor behavior that can bring disciplinary action (e.g. sexual harassment or violence), employees should refer directly to the HR department or the next level supervisor.
- Accommodate the procedure outlined below
The HR department (or any appropriate person in the absence of an HR department) should follow the procedure below:
- Ask employee to fill out a grievance form or have a trainee complete the daily post-training survey
- Talk with the employee to ensure the matter is understood completely
- Provide the employee who faces allegations with a copy of the grievance
- Organize mediation procedures (e.g. arranging a formal meeting)
- Investigate the matter or ask the help of an investigator when needed
- Keep employees informed throughout the process
- Communicate the formal decision to all employees involved
- Take actions to ensure the formal decision is adhered to
- Deal with appeals by gathering more information and investigating further
- Keep accurate records
This procedure may vary according to the nature of a grievance. For example, if an employee is found guilty of racial discrimination, the company will begin disciplinary procedures.
All Products and Services shall be packed and shipped by Legacy EV or an agent of Legacy EV and marked for shipment to Customer, at the address set forth in the applicable Purchase Order.
All Product and Service shipments will be made FOB Origin.
Title of Products and risk of loss on Products shall pass from Legacy EV when Products are loaded on board the transporting carrier at the point of departure.
Shipping and delivery dates are estimates only and cannot be
guaranteed. Legacy EV is not liable for any delays in shipment.
EXCEPT AS SET FORTH IN THIS SECTION 7, LEGACY EV OFFERS NO REFUNDS FOR ANY PRODUCTS OR SERVICES.
A. Stock Items. All unused Products that are part of Company’s standard stock may be returned, subject to a 25% restocking charge. The Product must be unused and returned in its original packaging in order to receive credit for the return. All shipping costs for any returned product will be the responsibility of Customer.
B. Special Items. All unused Products that are not part of the Company’s standard stock will be subject to a 100% restocking charge. No credit will be issued for return of these Products.
C. Deposits for Products. Under no circumstances will a deposit paid on a Product be refunded.