ONETESLA LLC
TERMS OF USE

Welcome to onetesla.com. This website is operated by oneTesla LLC.

In order to use the Site, you (“you” or “End User”) must agree to our Terms of Use, our privacy policy, and any additional terms applicable to your use that may exist from time to time (collectively, the “Terms of Use” or “Agreement”).

Please read these Terms of Use carefully. By accessing or using our website, you signify that you have read, understood and agreed to be bound by these Terms of Use.

IF YOU DO NOT AGREE TO THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT PURCHASE THROUGH THE SITE.

  • 1. Acceptance of Terms: The terms of use detailed herein (the “Agreement”) apply to you when you visit oneTesla’s website, blog, forum, and other communication facilities that may be available from time to time (collectively referred to as the “Site”). onetesla.com reserves the right to update or modify the Terms of Use at any time without prior notice. This Agreement shall apply unless you and oneTesla have entered into a separate signed agreement applicable to your use of the Site or purchases.
  • 2. User Requirement: As a condition of your use of this website you agree that:
  • (i) You are a person at least 18 years of age;
  • (ii) You have the authority to create a binding legal obligation;
  • (iii) Your use of this website will at all times comply with this Agreement;
  • (iv) onetesla.com reserves the right to update or modify the Terms of Use without prior notice, and your use of this website after any such change signifies your agreement to be bound by the Terms of Use as changed;
  • (v) If you decide to create an account, you are responsible for maintaining confidentiality of your account and password and restrict access to your account and computer, and you agree to accept responsibility for all activities that occur under your account or password;
  • (vi) You have the right to provide any information you submit to the Site, the information provided is accurate, true, and complete;
  • (vii) If you place an order on onetesla.com, you have the right to authorize the payment; and,
  • (viii) If you purchase a oneTesla Kit, you understand oneTesla Kits are intended for hobbyist and educational use; read and understand the safety warnings and oneTesla’s User Manual; understand that the operational reliability of oneTesla Kits is contingent upon the quality of the construction of the Kits, which oneTesla has no control over and oneTesla makes no guarantees with regards to the reliability of the Kit; and your order and use of the Kit complies with all applicable laws.
  • 3. Purchasing from onetesla.com: oneTesla reserves the right to refuse service or cancel orders at our sole discretion. You agree to be responsible for any customs or Value-Added Tax (“VAT”) charges incurred in shipping internationally. You agree that your purchase from the Site is your own initiative and you are responsible for ensuring compliance with all laws and regulations, such as United States export or re-export control laws and regulations and local laws applicable to you. oneTesla makes no representations that the item(s) purchased is appropriate or available for use in all locations, and access to it from territories where their contents are illegal is prohibited.
  • 4. Privacy: Please review our privacy policy, which also governs your use of the Site, to understand our practice and your rights.
  • 5. Ownership of Our Site: All the content and information, such as images, drawings, graphics, text, data compilations is the property of oneTesla and is protected by United States and international copyright laws. oneTesla grants you limited access to the Site. You agree not to modify, duplicate, distribute, transmit, display, reproduce, publish, license, transfer, or sell or re-sell any information or products obtained from this website without express written permission from onetesla.com.
  • 6. Communication on onetesla.com’s Website, Blog, Forum and Other Facilities: oneTesla allows you to post opinions, upload and communicate on our forum, blog, and other communications facilities. You understand and agree that your postings are public and not private. Any other person may read your posting without your knowledge. Please do not post any private information on the Site. 
  • oneTesla has the right, but not the obligation, to monitor and edit any contents or activities posted by you or any third-party at any time, for any reason. You grant oneTesla all worldwide non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, publish, edit, translate, create derivative works, and display the communication posted by you and any third-party, unless oneTesla indicates otherwise, in any form, media, and technology throughout the world. You grant oneTesla and sublicensee the right to use the communication without restriction and without compensating you in any way. 
  • In addition, by posting on the Site, you warrant and represent that (a) you are the copyright owner or that you have authority to use such image or content, (b) you have the right to grant oneTesla the use of the license or sublicense as described in this Agreement, and (c) any person in the images grant you the right to use their images.
  • 7. Prices: Prices are subject to change without notice. We cannot confirm the price of an item until after you order. If our product is listed incorrectly, we reserve the right to cancel, refuse, or limit any order. In the event that an item’s price is incorrect, onetesla.com may either contact you for instructions or cancel or notify you of the cancellation.
  • 8. Taxes: onetesla.com will charge sales tax for purchases shipped to any location within the Commonwealth of Massachusetts. The rate of the sales tax charged will be that of the Commonwealth of Massachusetts.
  • 9. Shipping; Title; Risk of Loss: The risk of loss and title for all items purchased from oneTesla passes to you upon our delivery to the carrier. Any duty or customs imposed on international shipments are the sole responsibility of the purchaser. You are responsible for ensuring compliance with all laws applicable to you.
  • 10. Returns: Items purchased from onetesla.com may be returned according to oneTesla’s return policy only. You may return the item(s) for a refund (minus shipping, if applicable, and a 15% restocking fee) provided a Return Merchandise Authorization (“RMA”) number is obtained from oneTesla by email.
  • You must ship item(s) to oneTesla at your expense and oneTesla must receive the item(s) in original condition within thirty (30) days of original invoice date. If the item is a kit (a “Kit”), you may not return, exchange, or receive substitute parts if any of internal component packaging has been opened, or if solder has contacted any components. Component packages should be checked against the components list supplied and notice of any shortages or damaged components must be sent to oneTesla within seven (7) days of the date of delivery to ensure component replacement. 
  • By replacing an item or by refunding an item, oneTesla does not waive a claim that the item(s) nevertheless has been subject to abnormal use.
  • 11. Disclaimer of Warranties: PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL CONTENTS, STATEMENTS AND OTHER INFORMATION ON THE SITE, AND ITEMS AND OPERATION OF THE SITE ARE ACCESSIBLE AND AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE CONTENT ON THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHIC ERRORS. ONETESLA MAY MAKE EDITS OR IMPROVEMENTS AT ANYTIME WITHOUT NOTICE. ONETESLA MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED REGARDING ANY OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION ON THE SITE, ITEMS, OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE.
  • WITHOUT LIMITATION, ONETESLA MAKES NO WARRANTY THAT THE ITEM(S) PURCHASED WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE WITHOUT HAZARD, CONTAIN FULLY FUNCTIONING PARTS, WORK PROPERLY UPON CONSTRUCTION, OR THAT THE QUALITY OF ANY CONTENTS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PROVIDED TO YOU WILL MEET YOUR EXPECTATIONS.
  • THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, THUS THE EXCLUSION WILL ONLY APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
  • 12. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ONETESLA AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, MEMBERS, DIRECTORS, AGENTS, AND REPRESENTATIVES) SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES, COSTS OR DAMAGES INCURRED BY YOU OR OTHERS, DIRECTLY OR INDIRECTLY ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, STATEMENTS, AND OTHER INFORMATION CONTAINED IN THE SITE, ITEMS OR SERVICES AVAILABLE THROUGH THE SITE OR THESE TERMS OF USE OR THE FOREGOING WARRANTY, WHETHER SUCH CLAIM IS BASED UPON CONTRACT, STRICT LIABILITY IN TORT, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY (INCLUDING WITHOUT LIMITATION, LOST PROFITS, REVENUES, ANTICIPATED SALES, BUSINESS OPPORTUNITIES, GOODWILL, OR INTERRUPTION OF BUSINESS OR OTHER INJURY OR DAMAGE.)
  • SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
  • 13. Notice of Item Design: oneTesla reserves the right to make changes in design or construction at any time without incurring any obligation to incorporate such changes in the item previously provided on onetesla.com. oneTesla also reserves the right to discontinue the manufacturing or offering any item at such time oneTelsla considers necessary.
  • 14. Indemnity: You agree to indemnify and hold harmless oneTesla and Affiliates (and respective employees, members, directors, agents, and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement or (b) your wrongful or improper use of the item(s) or your use of the Site.
  • 15. DISPUTE RESOLUTION:
    • 15.1. You and oneTesla agree to first contact each other with any disputes.You and oneTesla agree to first contact each other with any disputes and provide a written description of the issue, relevant documents, supporting information, and proposed resolution.
      • 15.1.1. You and oneTesla agree that disputes mean any claims or controversies against each other related in any way to or arising from this Agreement or Item(s), including, but not limited to, advertisements or related websites. Disputes include claims you bring against oneTesla’s affiliates, employees, agents, or other representatives. It also includes, but is not limited to, the claims related in any way to, or arising out of, any aspects of the relationship between you and oneTesla, whether in contract, tort, statute, fraud, misrepresentation, or any other legal theories.
      • 15.1.2. You and oneTesla agree to only resolve disputes by Arbitration or Small Claims Court. In Arbitration, there is no judge or jury, the review is limited and the procedures may be different. However, as a court would, an arbitrator can award the same damages and relief, and must honor the terms in this Agreement, including any attorney’s fees authorized by law. The arbitrator’s decision and award are final and binding, with some exceptions under the Federal Arbitration Act (“FAA”).
    • 15.2. You and oneTesla agree as follows:
      • 15.2.1. If either you or oneTesla intends to seek Arbitration, you and oneTesla agree to first notify the other party of the dispute in writing in advance of initiating the arbitration. The written notice must include a nature of the dispute, a description of previous efforts to resolve the issue, all relevant documents, all relevant supporting information, and the proposed resolution. Notice to oneTesla should be sent to: 10 Tyler Street, Somerville, MA 02143. You and oneTesla agree to make good faith efforts to resolve any disputes prior to filing a claim for arbitration. If you and oneTesla cannot resolve the dispute within forty-five (45) days of receipt of the written notice to arbitrate, then either may submit a dispute for arbitration.
      • 15.2.2. The FAA applies to this Agreement and the arbitration provision. The FAA provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
      • 15.2.3. Unless you and oneTesla agree otherwise, the Arbitration shall be held in Boston, Massachusetts. If the claim is for $10,000 or less, you and oneTesla may choose whether the arbitration will be conducted solely on the basis of submitting documents to the arbitrator, through a telephonic hearing,
      • or by an in-person hearing.
      • 15.2.4. Unless you and oneTesla agree otherwise, a single, neutral Arbitrator, who is an attorney, will conduct the Arbitration.
      • 15.2.5. The Arbitration will be governed and conducted by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules.
      • 15.2.6. YOU AND ONETESLA AGREE TO ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE OR CLASS BASIS.
      • 15.2.7. You and oneTesla each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to Arbitration.
      • 15.2.8. Exceptions to this Agreement to Arbitrate disputes. Either you or oneTesla may bring qualifying claims in small claims court. You may also bring any issues you may have to the attention of Federal, State, or Local Government agencies, if the law allows, they can seek relief against oneTesla for You.
    • 15.3. WAIVER OF CLASS ACTION. TO THE EXTENT ALLOWED BY LAW, YOU AND ONETESLA WAIVE THE RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THIS MEANS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANOTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANOTHER IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDINGS.
    • 15.4. WAIVER OF TRIAL BY JURY. TO THE EXTENT ALLOWED BY LAW, YOU AND ONETESLA AGREE THAT THERE WILL BE NO JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
  • 16. Governing Law: The UN CISG shall not govern, construe or enforce this Agreement or any rights and duties of the parties arising from or relating to the subject matter of this contract, but instead the law of Delaware shall govern, construe and enforce all the rights and duties of the parties arising from or relating in any way to the subject matter of this contract. YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS OR REPRESENTATIVE ACTION OR AS NAMED OR UNNAMED MEMBER IN A CLASS OR REPRESENTATIVE LEGAL ACTION.
  • 17. Severability: If any provision of this Agreement is held in whole or in part to be unenforceable for any reason in any jurisdiction, as to such jurisdiction, the remainder of that provision and of the entire Agreement will be severable and remain in effect in any such jurisdiction.
  • 18. Termination: Your only right and/or remedy relating to (i) these Terms of Use, (ii) any of oneTesla’s policy or Site, including but not limited to oneTesla’s privacy policy, or (iii) any content on the Site, is to discontinue visiting or using the Site. Without limiting the foregoing, oneTesla shall have the right to immediately terminate or suspend any of your passwords or accounts, deny your access to the Site in the event oneTesla considers, in our sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Upon any termination of these Terms of Use by you or oneTesla, you must immediately destroy all material downloaded or otherwise obtained from the Site and all copies of the materials. You agree that oneTesla shall not be liable for you or any third party for any termination of your access to the Site or to any such information or files, and shall not be obligated to provide such information or files available to you after any such termination. Notwithstanding the above, these Terms of Use will survive the termination of this Agreement.
  • 19. Additional Disclosures:
  • 19.1. ELECTRONIC NOTICE, NOTICE POLICY AND YOUR CONSENT: BY MAKING A PURCHASE THROUGH THE SITE, YOU CONSENT TO RECEIVE FROM ONETESLA ALL COMMUNICATIONS INCLUDING NOTICES, AGREEMENTS, LEGAL REQUIRED DISCLOSURES, OR OTHER INFORMATION IN CONNECTION WITH THE PURCHASE (COLLECTIVELY, “PURCHASE NOTICES”) ELECTRONICALLY. ONE TESLA MAY PROVIDE THE ELECTRONIC NOTICES BY POSTING THE NOTICES ON THE ONETESLA.COM.
  • 19.2. Entire Agreement: This entire Agreement contains the entire understanding of the parties, supersedes all prior and contemporaneous agreements, claims, representations, and understandings relating to subject matter hereof and shall not be amended except by a written instrument hereafter signed by you and oneTesla.
  • 19.3. Cumulative Remedies: All of oneTesla’s rights and remedies are cumulative, not alternative, and the exercise of any right or remedy by oneTesla will not eliminate or limit oneTesla’s ability to exercise any other right or remedy, except to the extent required by law.
  • 19.4. Sections and Section Headings: All enumerated subdivisions of this Agreement are herein referred to as “Section.” The headings of the Sections are for reference only and shall not limit or control the meaning thereof.
  • 19.5. Assignment: You may not assign or transfer any rights, obligations, or privileges that you have under this Agreement without oneTesla’s prior written consent. Subject to the foregoing, this Agreement will be binding on each party's successors and permitted assigns. Any assignment or transfer in violation of this section will be deemed null and void.
  • 19.6. No Waiver: oneTesla will not be considered to have waived any of oneTesla rights or remedies, or portion of them, unless the waiver is in writing and signed by us. oneTesla’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of oneTesla’s right to subsequently enforce such provision or any other provisions of this Agreement.