Last updated September 2019
Terms and Conditions; Voluntary Participation
Thank you for your interest in the SmartCharge New York Program (“SmartCharge New York” or the “Program”) that is being offered by Consolidated Edison Company of New York, Inc. (“Con Edison”) and Geotab Inc., carrying on business as FleetCarma (“FleetCarma”). Con Edison and FleetCarma may also be referred to herein as “we” “our” and “us.”
Your participation in SmartCharge New York is expressly conditioned on your acceptance of these Terms and Conditions (“Terms and Conditions” or this “Agreement”). Once you apply to participate in the Program, meet the eligibility criteria set forth as part of these Terms and Conditions, and accept these Terms and Conditions, you will be considered a “Participant” as referred to herein. “You” and “your” is a reference to you as a Participant. Your participation in SmartCharge New York is completely voluntary. Therefore, if you do not at any time agree with any of these Terms and Conditions, including the Privacy Policies referenced below, please do not participate in the Program.
We reserve the right to modify these Terms and Conditions at any time. Any modifications to these Terms and Conditions will be made available for viewing at the following web address: www.fleetcarma.com/smartchargenewyork/terms. Please check this page periodically. Your continued participation in SmartCharge New York will constitute your acceptance of any modifications to these Terms and Conditions.
Who May Participate in SmartCharge New York
All Participants in SmartCharge New York must be at least 18 years old. By accepting these Terms and Conditions, you are representing to Con Edison and FleetCarma that you are at least 18 years old, you have read these Terms and Conditions, and you are legally competent to accept these Terms and Conditions.
In addition, Participants in SmartCharge New York must own or lease a supported light-duty battery electric vehicle or plug-in hybrid electric vehicle (“EV”) and regularly charge the EV, each month, within the Con Edison service territory. The “Con Edison Service Territory” includes all zip codes in the five boroughs of New York City and Westchester County, except the following Queens and Westchester ZIP codes: 10501, 10505, 10518, 10519, 10521, 10526, 10527, 10535, 10536, 10590, 10540, 10560, 10576, 10578, 10587, 10589, 10590, 10597, 11690, 11691, 11692, 11694, 11695, 11696, and 11697.
Participants also should have access to a computer, smart phone or other mobile device with internet access.
Acceptance into the Program as a Participant is subject to FleetCarma support for an applicant’s particular vehicle model at the time of application. Applicants whose vehicle model is not supported at the time of application review will be placed on a waiting list and may be contacted later to begin enrollment in the Program once support becomes available. A list of supported vehicles is available in the FAQ section in the “The Technology” tab: www.fleetcarma.com/smartchargenewyork/setup/#faq
Information about SmartCharge New York
Con Edison and FleetCarma have developed SmartCharge New York in order to learn more about light-duty battery electric vehicles and plug-in hybrid electric vehicles (“EVs”) that are being charged in the Con Edison Service Territory and to learn more about the EV driving and charging patterns and preferences of EV drivers. As a Participant in the Program, you will be provided with a FleetCarma C2 vehicle logger device (“C2 Device”) for installation in the on-board diagnostics port (“OBD II Port”) of your EV, or, in the case of Teslas, in the proprietary diagnostics connector. Applicants with more than one EV are eligible to apply for more than one C2 Device. Participants will also earn cash equivalent rewards known as “SmartCharge RewardsTM” for correctly installing and activating the C2 Device; and, thereafter, upon taking certain actions that facilitate the goals of the Program, such as charging EVs at certain times in the Con Edison Service Territory, referring others to the Program and completing surveys. Please see the section entitled “How to Earn SmartCharge RewardsTM” for more details.
During and after your participation in the Program, you may be asked to participate in follow up surveys, studies, audits, evaluations or verifications conducted by FleetCarma or Con Edison or their agents or service providers in connection with the Program. While we hope that you choose to participate in these surveys, your participation will be completely voluntary.
Participants will be able to view certain data collected by their installed and activated C2 Device and track their SmartCharge RewardsTM through personal log-in access to the FleetCarma SmartCharge RewardsTM portal (the “Portal” or the “SmartCharge Rewards Portal”). In order to log into the Portal, Participants must have access to a computer, smartphone or other mobile device with internet access.
The C2 Device
Participants should expect to receive C2 Devices (free of charge) in the mail within approximately ten (10) business days of acceptance into the Program. Installation and activation instructions will accompany C2 Devices, and both installation and activation are necessary prior to Participants earning SmartCharge RewardsTM.
The C2 Device is installed by plugging it into the OBD II Port of any supported battery electric vehicle or plug-in hybrid electric vehicles (or, in the case of a Tesla, by plugging into its proprietary diagnostics connector). Participants with a Tesla will also receive (free of charge) a special adapter that is needed to install the C2 Device in a Tesla. The list of currently supported vehicle models is listed at fleetcarma.com/smartchargenewyork/setup. Participants are responsible for installation and activation of the C2 Device. If you require any assistance with locating the OBD II Port, Tesla’s proprietary diagnostics connector, or need installation directions, please refer to the installation instructions available at fleetcarma.com/smartchargenewyork/setup or contact us at email@example.com.
FleetCarma and Con Edison will not be held responsible for data losses or rewards losses resulting from over-the-air software updates to vehicles from the vehicle manufacturer. FleetCarma will make every reasonable attempt to make the C2 Device compatible with changes made by manufacturers of vehicles on our supported list, but cannot guarantee whether compatibility will be possible or timely following a change by the manufacturer.
At the sole discretion of FleetCarma and depending on the EV model, certain Participants may be offered Concierge Installation Services through a third-party professional installation service company. The Concierge Installation Service Technician will perform the installation of the C2 Device to a Participant’s vehicle, following instructions and training provided by FleetCarma. Instructions for booking an installation appointment will be provided once a Participant is accepted to participate in SmartCharge New York. These instructions must be followed to secure an appointment slot. Fees for missed installation appointments may be taken from a Participant’s rewards in accordance with the instruction document provided in the package shipped with the C2 Device.
Data Collected by the C2 Device and Privacy
In order to conduct the Program and to provide Participants with the products and services outlined in this Agreement and appropriate customer service, and to enhance and improve these products and services, FleetCarma will collect certain information through the C2 Device. The C2 Device installed in an EV will record when the C2 Device is plugged into, and unplugged from, the EV and it will also collect the following information:
(a) About your EV – VIN or Vehicle Identification Number, and EV make, model and model year;
(b) About your driving – drive start date and time, duration of trip, trip distance, EV state of charge at start of drive, EV state of charge at end of drive, electricity consumed during drive, liquid fuel consumed during drive (if EV is a hybrid vehicle), % idling, % hard acceleration, % hard braking, electric miles fraction (if EV is a plug-in hybrid electric vehicle, the % of miles the car ran on electric), ambient temperature, average auxiliary load during trip;
(c) About your charging patterns – for each charging session (for which a session number will be assigned) – start date and time, duration of charging session, charging power level (kW), total charging energy (total electricity consumed in kWh), 15-minute interval charging energy (kwh), charging loss (electricity lost due to charging efficiency in kWh), starting state of charge, ending state of charge, GPS coordinates of where the charging session occurred;
(d) Calculations – watt hours/mile, miles per gallon equivalent (MPGe), total electricity consumed, greenhouse gas (GHG) emissions and savings, battery state of health (i.e., the degree of ability of the high-voltage battery to accept and discharge electricity).
A subset of the collected data outlined above will be used to populate an online dashboard made available for Participants to view in the SmartCharge Rewards Portal so that Participants can monitor EV charging and driving history. Some data will also be available for download.
FleetCarma and Con Edison will have access to all collected data.
Information that is collected through the C2 Device will be erased from the device once the information is transferred to FleetCarma. The data collected by the C2 Device is encrypted when transmitted to FleetCarma servers. Personally identifiable data will also be encrypted when sent by FleetCarma to Con Edison.
In addition to the data listed above, we will collect the information that you provide on your application to the Program and any surveys or other evaluations in connection with the Program that you choose to complete and submit during your participation in the Program. This data will also be encrypted when sent by FleetCarma to Con Edison.
Collected information that is transferred to FleetCarma and Con Edison will be retained by us for an indefinite amount of time.
Please see the FleetCarma Privacy Statement available at http://www.FleetCarma.com/privacy/ for further information on data collected by FleetCarma and how it may be used by FleetCarma. Please also see Con Edison’s Privacy Statement which is available at https://www.coned.com/en/conedison-privacy-statement for further information on how Con Edison collects and may use and share your information, including any of the above-described data and information that Con Edison receives about you in connection with your participation in SmartCharge New York.
Without limiting the terms of the Privacy Policies referenced above, FleetCarma and Con Edison may use the information obtained about you through your participation in SmartCharge New York, including data collected through the C2 Device provided to you (collectively, “Participant Information”), in order (a) to operate, administer, market, evaluate, analyze, or change or improve the Program, the C2 Devices and the SmartCharge Rewards Portal, and (b) to prepare and present general, aggregated or anonymized results and information about the Program to third parties, including governmental entities such as the New York State Public Service Commission. We may also individually or jointly use and publish information regarding your participation in the Program, your use of the C2 Device, and your use of the SmartCharge Rewards Portal as long as the information is presented in an anonymized format (i.e., in a manner that does not identify you).
EV Owner Consent to Data Collection and Use
YOU ARE RESPONSIBLE FOR NOTIFYING EVERYONE WHO OWNS OR USES (AS DRIVER OR PASSENGER) THE EV IN WHICH A C2 DEVICE HAS BEEN INSTALLED THAT THE INFORMATION DESCRIBED ABOVE WILL BE COLLECTED AND AVAILABLE TO YOU, CON EDISON AND FLEETCARMA. BY PARTICIPATING IN SMARTCHARGE NEW YORK, YOU REPRESENT THAT YOU HAVE THE CONSENT OF THE REGISTERED OWNER AND THE USERS OF EACH EV IN WHICH A C2 DEVICE WILL BE INSTALLED TO (A) INSTALL THE C2 DEVICE IN THE EV, AND (B) PERMIT YOU, CON EDISON AND FLEETCARMA TO VIEW AND USE THE DATA AND INFORMATION COLLECTED BY THE INSTALLED C2 DEVICE, AS MORE PARTICULARLY DESCRIBED IN THE PREVIOUS SECTIONS OF THESE TERMS AND CONDITIONS (I.E., THE C2 DEVICE; DATA COLLECTED BY THE C2 DEVICE AND PRIVACY) AND THE CON EDISON AND FLEETCARMA PRIVACY POLICIES REFERENCED ABOVE.
YOU AGREE NOT TO PARTICIPATE IN THE PROGRAM OR USE ANY C2 DEVICE OR THE SMARTCHARGE REWARDS PORTAL SERVICE IN ANY WAY THAT IS ILLEGAL, FRAUDULENT OR ABUSIVE, INCLUDING TO HARASS, THREATEN, ABUSE, DEFAME OR SLANDER ANY INDIVIDUAL.
How to Participate in the SmartCharge New York Program
If you wish to participate in SmartCharge New York, you must do the following:
Complete an application form which can be found at https://www.FleetCarma.com/smartchargenewyork. The SmartCharge RewardsTM system will review your application to confirm eligibility and confirm your acceptance via email. FleetCarma will send one C2 Device for each accepted vehicle in your application to the shipping address indicated on your application together with instructions for installation and activation of the C2 Device. If accepted, you should receive the C2 Device(s) within approximately ten (10) business days from the date of your application.
C2 Device(s) must be activated and installed before data can be collected and before a Participant can earn any SmartCharge RewardsTM. You are encouraged to install the C2 Device within one (1) week (seven (7) days) of delivery of the C2 Device. If you do not activate and/or install the C2 Device(s) within seven (7) days of receipt, you will receive a notice, via email, reminding you to install and activate the C2 Device. You may be considered to be withdrawn from the Program if you do not install and activate your C2 Device within four (4) weeks of receipt. If you decide not to install and activate the C2 Device, we may ask that you return the C2 Device so that it may be provided to another Participant. Please email firstname.lastname@example.org to arrange receipt of a pre-paid return label for free return shipment of the C2 Device.
Withdrawal from the Program and Expected Duration of the Program
Your participation in SmartCharge New York is completely voluntary so you are free to withdraw from the Program at any time. To withdraw from the Program, remove the C2 Device from your EV and notify FleetCarma of your withdrawal at email@example.com. You are not obligated to return any C2 Device that has been activated or installed into your vehicle.
If you decide to sell or replace the vehicle that you are using to participate in SmartCharge New York, then you must immediately notify Fleetcarma at firstname.lastname@example.org. The C2 Device must be removed from the vehicle before transferring ownership. If you wish to continue participating in the Program with your new plug-in electric vehicle, then please follow the instructions in the section below, “Can the C2 Device be Transferred to Another Vehicle?”
For each month that you do not charge an EV with a properly installed C2 Device in the Con Edison Service Territory, you will receive an email inquiring about your continued interest in participating in the Program. If you do not charge an EV with a properly installed C2 Device in the Con Edison Service Territory for three (3) consecutive months, you will be deemed to have withdrawn from the Program.
Con Edison expects SmartCharge New York to continue at least until December 31, 2019, and it may continue beyond that date. However, Con Edison reserves the right to terminate the Program at any time for any reason or for no reason and even though such termination may affect your ability to earn SmartCharge RewardsTM. Participants will have access to the Portal for ninety (90) days after the Program terminates.
Once the Program terminates or a Participant withdraws from the Program, continued collection of data from the EV(s) in which a C2 Device(s) is installed will stop within fifteen (15) days after termination or withdrawal in order to protect the privacy of Participants.
A Participant who withdraws from the Program voluntarily or is deemed to have withdrawn will continue to have post-termination access to the Portal for ninety (90) days. Once a Participant no longer has access to the Portal, the Participant will no longer have the ability to view previously recorded data from their EV or SmartCharge RewardsTM redemption codes and links.
In addition to the above, Con Edison and FleetCarma, by sending an email notice to the Participant, reserve the right to terminate immediately participation in the Program due to any fraudulent activity or actions in violation of these Terms and Conditions. This type of termination may result in a Participant’s immediate loss of access to the Portal.
Can the C2 Device be Transferred to Another Vehicle?
Pending approval from the SmartCharge New York support team, you may be eligible to transfer the C2 Device to another EV during your participation in the Program as long as the substitute vehicle is an EV that is owned or leased by the same SmartCharge RewardsTM account holder as the previous vehicle, and the substitute vehicle is supported by FleetCarma. The C2 Device will attempt to identify the new vehicle’s VIN and update the SmartCharge RewardsTM account with the information on the new vehicle. If you wish to transfer your C2 Device to a new EV, then prior to installation you should contact email@example.com and provide your new EV’s make, model, and year and verify that the vehicle is supported.
Installation and Activation Bonus
The $150 installation and activation bonus is awarded when the following three (3) conditions are met: 1) the C2 Device is installed in a supported vehicle, 2) the C2 Device is activated in the SmartCharge Rewards Portal, and 3) one charge event in the Con Edison service territory has been logged. The bonus will appear in the rewards tab on the 15th of the following month in which the first in territory charge is logged.
How to Earn SmartCharge RewardsTM
During the Program, SmartCharge RewardsTM are earned on a per-vehicle basis by charging at particular times or engaging in other activities like completing a survey or referring a friend. SmartCharge RewardsTM will begin to be calculated and accrued once the C2 Device is installed and activated in the SmartCharge Rewards Portal. FleetCarma and Con Edison reserve the right to add, change or remove activities for which SmartCharge RewardsTM may be earned and/or the number of SmartCharge RewardsTM earned thereby at any time. For detail about how you can earn SmartCharge RewardsTM as the Program is currently structured, please see https://www.fleetcarma.com/smartchargenewyork/setup. Please check this page periodically for changes to how SmartCharge Rewards may be earned.
How to Redeem SmartCharge RewardsTM
On the 15th day of each month (or on the next business day if the 15th falls on a weekend or on a Canadian Holiday), the SmartCharge RewardsTM earned for the previous month will be calculated based on 1,000 SmartCharge RewardsTM points equaling $1.00, and posted on the Portal. The available redemption options may change at any time at the discretion of FleetCarma and Con Edison. Please visit the SmartCharge New York website periodically for details about any changes (https://www.fleetcarma.com/smartchargenewyork/setup).
On the 15th day of each month or on the next business day (excluding Canadian holidays), Participants will receive an automated email notification to the email associated with a Participant’s SmartCharge RewardsTM account to tell them whether they have earned SmartCharge RewardsTM during the previous month. If they earned SmartCharge RewardsTM they will be prompted in the email to log in to the SmartCharge Rewards Portal to claim their electronic gift card.If rewards points were not earned during the previous month, the email notification will remind Participants to charge their vehicle in the Con Edison service territory and to maintain the C2 Device installed in the vehicle.
It is your responsibility to make sure that the email that you have provided us is accurate, up-to-date, and can receive email messages from the Program. Participants will have access to the SmartCharge Rewards Portal to view driving and charging information, SmartCharge RewardsTM balances and electronic gift card links for at least ninety (90) days from the date that the Program ends or the Participant withdraws from the Program.
Con Edison and FleetCarma are not responsible for late, lost, stolen, incomplete, undelivered, illegible, damaged, mutilated, misdirected electronic gift card materials (including the delivery of electronic gift cards) or for returned or undeliverable emails notifying you about your SmartCharge RewardsTM balance or for other errors or problems of any kind (including email delivery issues and deletions caused by spam filters that limit email delivery) whether human, mechanical, electronic, network, computer, typographical, printing or otherwise relating to or in connection with the offer, including, without limitation, errors or problems which may occur in connection with the administration of the offer, or the processing of any request relating thereto.
Con Edison and FleetCarma are not responsible for stolen or lost electronic gift cards. Participants are responsible for ensuring that the email that they use for their SmartCharge RewardsTMaccount is sufficient to not result in the theft of SmartCharge RewardsTM.
Expiration of SmartCharge RewardsTM
SmartCharge Rewards™ that have been redeemed do not expire except as provided by the terms established by the electronic gift card provider or other applicable retailers; accordingly, please review these other terms. Upon termination of the Program, Participants will continue to have access to the Portal and any rewards earned for ninety (90) days after termination.
Transfer and Verification of SmartCharge RewardsTM
You may not combine or transfer SmartCharge RewardsTM with other Participants, and you may not transfer or sell SmartCharge RewardsTM, or perform any other action in violation of these Terms and Conditions. Any attempt to combine, transfer or sell SmartCharge RewardsTM will result in your disqualification from the Program and forfeiture of all SmartCharge RewardsTM earned. If Con Edison or FleetCarma has reason to believe that you have violated these Terms and Conditions, then your participation in the Program may be terminated and we may take any other or additional action deemed appropriate by us.
All SmartCharge RewardsTM earned will be subject to verification by us. If you believe that you earned SmartCharge RewardsTM that were not properly accrued to your account, then please contact the Program’s customer service at firstname.lastname@example.org. All decisions by us regarding the awarding of SmartCharge RewardsTM are final and binding. Earned SmartCharge RewardsTM and/or electronic gift cards that are subsequently determined to have been invalid for any reason are subject to forfeiture or return/repayment, as applicable, and, depending on the circumstances, may result in disqualification from the Program.
You are responsible for paying all taxes, if any, associated with your receipt of SmartCharge RewardsTM or any other thing of value in connection with the Program.
Ownership of SmartCharge RewardsTM and the Devices
SMARTCHARGE REWARDSTM DO NOT CONSTITUTE THE PROPERTY OF A PARTICIPANT AND MAY BE FORFEITED AND REVOKED AS SET FORTH IN THESE TERMS AND CONDITIONS. PARTICIPANTS MAY NOT SELL, TRANSFER OR ASSIGN THEIR SMARTCHARGE REWARDSTM AND SMARTCHARGE REWARDSTM ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER OR OTHERWISE BY OPERATION OF LAW.
All C2 Devices used in the Program will be purchased by Con Edison and given to eligible Participants selected for SmartCharge New York. Con Edison will provide, free of charge, a C2 Device for each EV registered in the Program. In addition, for so long as the Program is in effect and a Participant continues to participate in the Program, Con Edison, on behalf of such Participant, shall purchase license rights to the SmartCharge Rewards Portal so that such Participant has the right to access the Portal. A Participant who activates and installs a C2 Device in Participant’s EV is free to keep the device after withdrawal or termination from the Program or the termination of the Program. However, if a person receives a C2 Device and decides not to install the device and participate in the Program, Con Edison requests that the person return the C2 Device prior to activation so that Con Edison may provide the device to another eligible Participant. To organize return of a C2 Device please email email@example.com to arrange receipt of a pre-paid return mailing label.
Con Edison is providing C2 Devices for use only by eligible Participants. Therefore, Participants have no right to sell, transfer or assign C2 Devices provided to them in connection with the Program or access rights provided to Participants to the SmartCharge Rewards Portal.
You agree not to tamper with, disable or damage the C2 Device that is provided to you in connection with the Program. Any failure to comply with these obligations will be at your sole risk for any damage that may result including damage to the C2 Device or your EV or injury to any person. You further agree to not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the C2 Device, the software embedded therein, or any software used to provide or access the SmartCharge Rewards Portal.
Intellectual Property Ownership
Any and all intellectual property developed by FleetCarma, including modifications, enhancements, or changes to its products (including the C2 Devices, the Portal, and all related software) is and will remain solely owned by FleetCarma. This includes technology developed that may be as a result of feedback provided by you as part of your involvement in the Program.
Participant Information and Security Measures
You represent and warrant that you have provided accurate information in your application to the Program and that you will promptly notify Con Edison and FleetCarma of any changes to that information. You are responsible for ensuring that we have your current email address and telephone number on file. You should inform us of any changes to your email address or phone number by contacting firstname.lastname@example.org. You must notify Con Edison and FleetCarma immediately about any breach of security or unauthorized use of your account for the SmartCharge Rewards Portal. You agree to charge your vehicle in accordance with the instructions and recommendations of the manufacturer. Neither Con Edison nor FleetCarma will be liable for any losses resulting from unauthorized access to or use of the Device, the SmartCharge Rewards Portal or any other aspect of the Program, and you may be liable to us or other parties due to any such unauthorized access or use. The email associated with your SmartCharge RewardsTM account will be used to notify you each month about your SmartCharge RewardsTMbalance and for all other contacts related to the Program. You are responsible for ensuring that your email is uncompromised and valid at all times.
You are responsible for the security and strength of your own password and login credentials. FleetCarma and Con Edison will not be held responsible for unauthorized access to SmartCharge RewardsTMaccounts due to password leaks from other sites or use of weak passwords by users of SmartCharge RewardsTM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CON EDISON AND FLEETCARMA PROVIDE THE C2 DEVICE, ACCESS TO THE SMARTCHARGE REWARDS PORTAL AND ALL SOFTWARE INCORPORATED INTO THE FOREGOING AND ALL SERVICES RELATED TO THE PROGRAM TO YOU ON AN “AS-IS” BASIS, WITH ALL FAULTS, ERRORS AND DEFECTS AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND BY EITHER CON EDISON OR FLEETCARMA OR ANY OF THEIR SUPPLIERS. IN CONNECTION WITH THE FOREGOING, CON EDISON AND FLEETCARMA DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER CON EDISON NOR FLEETCARMA GUARANTEES ANY SPECIFIC RESULTS FROM THE USE OF THE C2 DEVICES. NEITHER CON EDISON NOR FLEETCARMA MAKES ANY WARRANTY THAT THE SOFTWARE INCORPORATED IN THE C2 DEVICES OR THE SERVICES PROVIDED THROUGH THE SMARTCHARGE REWARDS PORTAL WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.
YOU AGREE AND ACKNOWLEDGE THAT FLEETCARMA AND CON EDISON DO NOT GUARANTEE ENERGY COST SAVINGS OR OTHER BENEFITS ARISING FROM THE PROGRAM.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER FLEETCARMA, CON EDISON, NOR ANY OF THEIR AFFILIATED ENTITIES, NOR ANY EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR REPRESENTATIVES, SUCCESSORS OR ASSIGNS OR ANY OF THEM (COLLECTIVELY, THE “PROGRAM OPERATORS”) WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS, DAMAGE OR INJURY TO PERSONS OR VEHICLES OR OTHER PROPERTY, IN CONNECTION WITH, ARISING FROM OF OR RELATED TO THE PROGRAM, THE SMARTCHARGE REWARDS PORTAL, OR THE INSTALLATION OR USE OF A C2 DEVICE IN YOUR VEHICLE, OR THE INTERREPUTION OF POWER TO ANY EQUIPMENT TO WHICH YOUR VEHICLE IS CONNECTED, EVEN IF A PROGRAM OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY. IF A PROGRAM OPERATOR IMPROPERLY DENIES YOU SMARTCHARGE REWARDSTM POINTS, THEN YOUR SOLE REMEDY WILL BE THE ALLOCATION OF THE EQUIVALENT AMOUNT OF SMARTCHARGE REWARDSTM POINTS. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT CON EDISON SHALL HAVE NO LIABILITY FOR ANY DAMAGE CAUSED BY A C2 DEVICE AND YOU FURTHER AGREE THAT FLEETCARMA’S LIABILITY FOR ANY DAMAGE CAUSED BY A C2 DEVICE SHALL BE LIMITED TO THE PROPERTY DAMAGE DIRECTLY CAUSED TO THE VEHICLE BY THE DEVICE INSTALLED IN THAT VEHICLE AND IS LIMITED TO A MAXIMUM OF $1,000. YOU ALSO AGREE THAT IN NO EVENT SHALL THE PROGRAM OPERATORS BE RESPONSIBLE FOR PROBLEMS, DAMAGES OR LOSSES CAUSED BY YOU, THIRD PARTIES, OR BY AN ACT OF GOD. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE THAT YOU SHALL NOT INITIATE ANY LAWSUIT OR CLAIM AGAINST A PROGRAM OPERATOR IN CONNECTION WITH, ARISING OUT OF OR RELATED TO THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE C2 DEVICE, THE SMARTCHARGE REWARDS PORTAL, AND SMARTCHARGE REWARDSTM
AFTER THE DATE WHICH IS ONE YEAR AFTER YOUR WITHDRAWAL FROM THE PROGRAM OR THE PROGRAM’S TERMINATION, WHICHEVER IS EARLIER.
You will indemnify, defend and hold Con Edison, FleetCarma and their respective Program Operators, licensors and suppliers (the “Indemnified Parties”) harmless from any claims arising out of or related to your or any additional user’s actual or alleged misuse or fraudulent use of a C2 Device or the SmartCharge Rewards Portal, including, without limitation, the infringement of a third party’s intellectual property rights or other rights, such as personal or privacy rights. You shall be responsible for any costs incurred by the Indemnified Parties, including, but not limited to, reasonable attorneys’ fee and court costs in connection with any such claims.
Without limiting any other provision of these Terms and Conditions, FleetCarma and Con Edison shall not be in default, and shall not be deemed to be in default, under these Terms and Conditions by reason of delay or the failure or inability to perform its obligations hereunder where the said delay, failure or inability is due solely to any cause which is unavoidable or beyond the reasonable control of FleetCarma, including without limitation any act of God or other cause which frustrates the performance of this Agreement.
These Terms and Conditions and any disputes related to them or the Program shall be governed by applicable federal law and the laws of the State of New York, excluding its conflicts of law provisions.
Con Edison and FleetCarma are permitted to assign this Agreement, in whole or in part, to any person, at any time, and without notice to you. You may not assign this Agreement.
These Terms and Conditions, including the Privacy Policies and any other documents or policies incorporated by reference into these Terms and Conditions, constitute the entire agreement between you, on the one hand, and Con Edison and FleetCarma, on the other hand, with respect to the Program and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written, with respect to such subject matter.
No waiver of any provision of these Terms and Conditions shall be deemed or constitute a waiver of any other provision of or any subsequent breach of these Terms and Conditions. No waiver shall be valid unless made in a writing signed by the party granting the waiver. If any provision in these Terms and Conditions is declared invalid or unenforceable, then such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
No Third Party Beneficiaries
These Terms and Conditions are for the benefit of FleetCarma and Con Edison and their respective successors and assigns with respect to your obligations under these Terms and Conditions and for your benefit with respect to your rights under these Terms and Conditions. There are no third party beneficiaries under these Terms and Conditions and these Terms and Conditions will not be deemed to confer upon or give to any other person any claim or other right or remedy.