Legal
The agreement between you, EVchargeME, and other users of the Charging Platform.
These Terms and Conditions (as amended, modified, or supplemented from time to time, these "Terms and Conditions") apply to every property owner ("Host") and customer ("Customer") who chooses to use the peer-to-peer platform created and provided by EVchargeME.com Inc., a Delaware corporation (collectively with its direct and indirect affiliates, "EVCME" and, such peer-to-peer platform, the "Charging Platform"), in order to connect Hosts who wish to make available for rent or access an electric vehicle charging station ("EV Charging Station") with Customers who wish to rent or access such EV Charging Stations. References to "you" or "your" mean any Host or Customer who creates a user account or otherwise utilizes the Charging Platform. EVCME's Charging Platform connects Hosts and Customers and then facilitates their entry into a transaction ("Charging Transaction") by which the Customer rents an EV Charging Station from a Host for a defined time-period on stated pricing terms.
By downloading, accessing, or using the Charging Platform, each Host and Customer thereby agree to these Terms and Conditions, which govern the use of the Charging Platform, and further agree that they (a) represent and warrant that they are the person whose name and other information have been provided for the user account created or used by them on the Charging Platform and are of legal age to enter into a binding agreement; (b) have not previously been suspended or removed from the Charging Platform; (c) acknowledge that they have read and understand these Terms and Conditions, accept these Terms and Conditions, and agree that they are legally bound by their terms; and (d) are using the Charging Platform in compliance with any and all applicable laws and regulations. If you do not agree to these Terms and Conditions, then you are directed to not use the application and to delete it from your mobile device. These Terms and Conditions constitute the binding "Agreement" between EVCME, Host, and Customer (each, a "Party" and collectively, the "Parties").
By making its Charging Platform available to Hosts and Customers, EVCME is facilitating a peer-to-peer connection between Host and Customer so that they may consider, and if they so choose, enter into, a Charging Transaction by which Customer and Host agree to the Customer's use of the Host's EV Charging Station based on the Host's representations about its EV Charging Station and the pricing terms offered by Host. Notwithstanding anything to the contrary herein, EVCME is not a party to any Charging Transaction. EVCME is not responsible for, and makes no promises or warranties about, (i) a Host or such Host's EV Charging Station, including with respect to its capacity or the pricing terms offered by a Host, or (ii) a Customer or such Customer's vehicle or usage of a Host's EV Charging Station. EVCME shall use commercially reasonable efforts to provide continuous access to the Charging Platform but does not guarantee that the Charging Platform will be accessible at all times. The Charging Platform may be unavailable or inaccessible for maintenance or due to other circumstances both within and outside of the control of EVCME, and EVCME shall not be liable for any such unavailability. EVCME has the right to refuse access to the Charging Platform to any person, at any time and for any or no reason.
By using EVCME's Charging Platform, Host agrees that EVCME may publish and disclose through the Charging Platform the Host's property address, pictures of the Host's property and EV Charging Station, the Host's representations about its EV Charging Station, and the pricing terms that Host establishes according to its sole discretion, as well as reviews submitted by other users of the Charging Platform related to such Host's prior Charging Transactions. In addition, Host agrees: (i) to enter into a Charging Transaction with any Customer who agrees to the Host's pricing terms; (ii) to provide reasonable access and availability to its property and EV Charging Station in the event that a Customer enters into a Charging Transaction with Host; and (iii) that the information Host provides, including with respect to the location and charging capacity of the Host's EV Charging Station, will be accurate in all respects. EVCME reserves the right, but shall be under no obligation, to inspect, verify and correct any of the information provided by Host regarding their EV Charging Station or otherwise.
Host also agrees that Host will, at its own cost, purchase and install EVCME's "Smart Box" equipment that will provide Customers with access to Host's EV Charging Station pursuant to a Charging Transaction. Host agrees that all EV charging equipment that will be used in conjunction with EVCME's Smart Box will be professionally installed and suitable for use with such Smart Box equipment. Host is also responsible for all utility or regulatory charges and all other taxes, charges and fees associated with the electrical use and revenue for the Charging Transactions to which it is a Party.
When Customer uses an EV Charging Station, Customer agrees to follow all applicable safety and technical documentation for any vehicle that Customer connects to the EV Charging Station and use the correct equipment and connector type for such vehicle. Customer acknowledges and agrees that the EV Charging Stations are intended for use and are to be used solely for standard, non-modified, industry-manufactured automotive land vehicles, and Customers are prohibited from using an EV Charging Station with any other type of vehicle or electric transportation, including without limitation electric boats, home-built electric vehicles, home-built onboard chargers, and vehicles that contain modified chargers, batteries, or other components.
By using the Charging Platform, Customer agrees that: (i) EVCME may collect the personal and financial information Customer provides to EVCME; (ii) EVCME may publish and disclose through the Charging Platform pictures of the Customer's vehicle and Customer's representations about its vehicle, as well as reviews submitted by other users of the Charging Platform related to such Customer's prior Charging Transactions; (iii) the information Customer provides, including with respect to its vehicle, will be accurate in all respects; (iv) EVCME may establish a pre-paid account ("Pre-Paid Account") for Customer that Customer will use to deposit funds into and that will be maintained by EVCME in an account that is held by a bank; and (v) EVCME may, after Customer enters into a Charging Transaction, debit funds from the Customer's Pre-Paid Account to pay Host and EVCME for the Charging Transaction that Customer entered into with the Host. EVCME reserves the right, but shall be under no obligation, to inspect, verify and correct any of the information provided by Customer regarding its vehicle or otherwise.
Each Host or Customer is responsible for maintaining the confidentiality and security of their user account and password. Unless otherwise permitted by EVCME in writing, a Host or Customer may only possess one user account for their personal use and may not authorize any third party to use their Account. You should not disclose your user account information to anyone and are responsible for all transactions on your user account, including unauthorized transactions.
All communications between Host and Customer shall take place within the communications system in the Charging Platform. Host and Customer shall not engage in direct communications outside of the communication system in the Charging Platform.
EVCME's Charging Platform and its users rely on feedback from Hosts and Customers regarding their Charging Transaction experiences. Accordingly, every Host and Customer may provide feedback regarding every Host and Customer about whom they have information, and such feedback may be publicly disclosed in the Charging Platform. All Hosts and Customers who share feedback hereby agree that such information shall be honest and accurate to the extent known by the Host or Customer sharing the information. EVCME reserves the unilateral right, but shall be under no obligation, to review, screen, correct, and/or delete any feedback pursuant to its sole discretion and authority. Furthermore, EVCME reserves the right, but shall be under no obligation, to remove any Host or Customer from the Charging Platform for any reason, including without limitation if EVCME determines, in its sole discretion, that the Host or Customer has posted feedback that is false, misleading, dishonest, malicious, or is designed to injure or harm another Host or Customer. EVCME shall own all right, title and interest in and to the Feedback and will be entitled to use the Feedback without restriction.
The "Pricing Rates" for each Charging Transaction are established by Host according to their sole and exclusive discretion. EVCME has no authority over, or responsibility for, the Pricing Rates for any Charging Transaction entered into by a Customer.
The location and accessibility information for each EV Charging Station is provided by Host according to their sole discretion. EVCME has no authority over, or responsibility for, the location and accessibility information that is provided by Host.
Any funds deposited into Customer's Pre-Paid Account is a prepayment for the Charging Transactions that Customer may enter into. By entering into a Charging Transaction on the Charging Platform, Customer authorizes EVCME to debit from Customer's Pre-Paid Account the funds needed to pay the total Pricing Rate to which Customer agreed. Customer's Charging Transaction may be denied in the event inadequate funds are available in Customer's Pre-Paid Account. Upon termination of a Customer's user account or termination of this Agreement, Customer's Pre-Paid Account will be charged for any unbilled amounts and any other fees or charges due hereunder, and the balance will be refunded to Customer. Customer agrees to waive all claims against EVCME related to any unauthorized payments made on or through the use of Customer's Pre-Paid Account outside of EVCME's control, regardless of whether such payments are authorized or unauthorized.
The funds deposited into a Pre-Paid Account may not be insured by the Federal Deposit Insurance Corporation (FDIC). Customer will not earn or be paid interest on such amounts, subject to applicable law. There may be a delay between the time Customer deposits funds into the Pre-Paid Account and when such funds are available for Charging Transactions. EVCME may impose limits from time to time on the ability of Customer to deposit funds into Customer's Pre-Paid Account in EVCME's sole discretion, including without limitation a limit on the total dollar value that may be maintained in a Pre-Paid Account at any time. Amounts in Pre-Paid Accounts are not transferrable to any other Pre-Paid Account or any other person.
Each Host and Customer is responsible for verifying the accuracy of its transaction history and, if applicable, Pre-Paid Account balance. EVCME has no obligation to review or correct any error unless it is provided notice of the claimed error within thirty (30) days of the date of the applicable Charging Transaction or debit.
As compensation for Customer's and Host's use of the Charging Platform, EVCME shall charge a fee equal to fifteen percent (15%) of the total Pricing Rate for every Charging Transaction (the "Fee"), which Fee is subject to change at any time in EVCME's sole discretion. EVCME will use reasonable efforts to inform Hosts of material changes in the Fee on the Charging Platform, provided that Hosts will remain responsible for Fees incurred for applicable Charging Transactions regardless of awareness of pricing. All Fees paid are final and non-refundable, unless otherwise determined by EVCME. EVCME's Fee shall be due and payable once a Customer enters into a Charging Transaction. By entering into a Charging Transaction on the Charging Platform, (i) Customer authorizes EVCME to debit from Customer's Pre-Paid Account the funds needed to pay all applicable Fees to EVCME and (ii) Host authorizes EVCME to reduce the amount of all payments of Pricing Rates to such Host by the amount of EVCME's Fees thereon.
Once Customer has entered into a Charging Transaction, the Charging Platform shall provide Customer with access to the EV Charging Station through the Smart Box, and Customer shall have (and the applicable Host hereby grants to the Customer) the right to enter onto Host's property to access and use the EV Charging Station. Customer shall then have uninterrupted access to use the EV Charging Station throughout the time period that Customer has selected for the Charging Transaction. At the conclusion of the selected time period, Customer's access to Host's property and the EV Charging Station will terminate.
Customer hereby agrees that Customer shall not disturb or violate the privacy of Host, or any of Host's neighbors, during the time that Customer is using Host's EV Charging Station as part of a Charging Transaction. Customer also agrees that Customer shall not leave any trash or debris, or (with the exception of its right to use the EV Charging Station) otherwise disturb or impact the property of Host while Customer is using Host's EV Charging Station. Customer shall be responsible for obeying any and all rules set by Host pertaining to their property or use of Host's EV Charging Station that are disclosed on the Charging Platform. Customer is solely responsible for any damage or losses caused by Customer's noncompliance with such rules or this paragraph.
EVCME is not responsible for the truthfulness or accuracy of any information provided by Host, including with regard to its EV Charging System, including its location, access, condition, or charging capacity, or the truthfulness or accuracy of any information provided by Customer. Nor is EVCME responsible for the condition of the area surrounding the Host's EV Charging Station. CUSTOMER ENTERS INTO A CHARGING TRANSACTION AND USES A HOST'S EV CHARGING STATION AT CUSTOMER'S OWN AND SOLE RISK, AND CUSTOMER HEREBY AGREES TO RELEASE, HOLD HARMLESS, DEFEND, AND INDEMNIFY EVCME AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS, AND EACH OF THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "INDEMNIFIED PARTIES"), FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, LOSSES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGEMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING ATTORNEYS' FEES (COLLECTIVELY, "LOSSES"), ARISING FROM OR RELATING TO SUCH CUSTOMER'S USE OR MISUSE OF THE CHARGING PLATFORM OR ANY EV CHARGING STATION OR BREACH OR VIOLATION OF THIS AGREEMENT, ANY APPLICABLE LAW OR ANY THIRD-PARTY RIGHT. LIKEWISE, HOST ENTERS INTO A CHARGING TRANSACTION AND PERMITS THE USE OF ITS EV CHARGING STATION AT HOST'S OWN AND SOLE RISK AND HOST HEREBY AGREES TO RELEASE, HOLD HARMLESS, DEFEND, AND INDEMNIFY THE INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL LOSSES ARISING FROM OR RELATING TO SUCH HOST'S USE OR MISUSE OF THE CHARGING PLATFORM, PROVISION OR NON-PROVISION OF ANY EV CHARGING STATION, OR BREACH OR VIOLATION OF THIS AGREEMENT, ANY APPLICABLE LAW, OR ANY THIRD-PARTY RIGHT. Without limitation of the foregoing, EVCME is not responsible for any theft, crime, vandalism, injuries, or other damages experienced or suffered by Host or Customer, or to their property, during or in connection with Customer's use of Host's EV Charging Station.
Host agrees that, at all times during its use of the Charging Platform, Host shall maintain property owner's insurance coverage for the property where the EV Charging Station is located. EVCME reserves the right, but is under no obligation, to request proof of such insurance coverage.
Customer agrees that, at all times during its use of the Charging Platform, Customer shall maintain automobile liability insurance coverage for Customer's vehicle(s) using the Charging Platform. EVCME reserves the right, but is under no obligation, to request proof of such insurance coverage. Customer is solely responsible for ensuring that the battery of Customer's vehicle is sufficiently charged to meet Customer's needs and that all charging is done in accordance with the manufacturer's recommendations regarding the type, frequency and duration of charging.
EVCME is the sole and exclusive owner of all content and intellectual property associated with the Charging Platform. EVCME is providing each Host and Customer with a non-exclusive, non-transferrable, non-sublicensable and revocable license to use the Charging Platform solely for purposes of considering, and if they so choose, entering into and completing, Charging Transactions, in each case subject to the terms and conditions of this Agreement. Customers and Hosts acknowledge and agree that limited use of the Charging Platform is provided under license, and is not sold, to them, and that no ownership interest in the Charging Platform is conveyed under this Agreement. EVCME and its licensors, if any, reserve and retain their entire right, title, and interest in and to the Charging Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto. HOST AND CUSTOMER AGREE TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY EACH OF THE INDEMNIFIED PARTIES FOR ANY AND ALL LOSSES ARISING BECAUSE OF, OR CAUSED BY OR IN CONNECTION WITH, THEIR USE OF THE CHARGING PLATFORM FOR ANY PURPOSES IN VIOLATION OF THIS AGREEMENT.
Except as may be expressly permitted by applicable law, you shall not:
EXCEPT AS EXPRESSLY SET FORTH HEREIN, EVCME DISCLAIMS (AND EACH HOST AND CUSTOMER WAIVE AND RELEASE) ANY REPRESENTATION OR WARRANTY REGARDING THE CHARGING PLATFORM. EVCME IS PROVIDING HOST AND CUSTOMER WITH ACCESS TO AND USE OF THE CHARGING PLATFORM IN ITS "AS IS" CONDITION AND WITH ALL FAULTS AND DEFECTS THAT EXIST WHEN IT IS ACCESSED OR USED BY HOST OR CUSTOMER. EVCME EXPRESSLY STATES THAT THE CHARGING PLATFORM IS IN DEVELOPMENT AND IS A WORK IN PROGRESS WHOSE FUNCTIONALITY MAY VARY AND CHANGE OVER TIME. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVCME, ON ITS OWN BEHALF AND ON BEHALF OF ITS LICENSORS AND SERVICE PROVIDERS, DISCLAIMS (AND EACH HOST AND CUSTOMER WAIVE AND RELEASE) ALL REPRESENTATIONS, WARRANTIES AND COVENANTS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE CHARGING PLATFORM, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, EVCME PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, THAT THE CHARGING PLATFORM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE OR FREE OF VIRUSES OF OTHER HARMFUL COMPONENTS, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
Customers and Hosts acknowledge that when they download, install, or use the Charging Platform, EVCME may use automatic means (including, for example, cookies and web beacons) to collect information about their computers or mobile devices or about their use of the Charging Platform. Customers and Hosts may also be required to provide certain information about themselves, including without limitation personally identifiable information, as a condition to downloading, installing, or using the Charging Platform or certain of its features or functionality, and the Charging Platform may provide them with opportunities to share information about themselves with others. EVCME represents and warrants that it shall use the information provided to it by Host and Customer solely for purposes of or in connection with the Charging Platform or its business of providing the Charging Platform, and EVCME shall not use or disclose such information for any purposes not related to the Charging Platform or its business of providing the Charging Platform. Notwithstanding the foregoing, Customer and Host understand and agree that EVCME may disclose personally identifiable information, usage history, IP addresses, traffic information, or any other information relating to your user account or your use of the Charging Platform, if required to do so by law, regulation, regulatory agency request or order, court order, legal process, or subpoena, including to respond to any government or regulatory request, or if EVCME believes that such action is necessary to (i) conform to the law, comply with legal process served on EVCME, or investigate, prevent, or take action regarding suspected or actual illegal activities; (ii) to enforce these Terms and Conditions, take precautions against liability, to investigate and defend EVCME against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of the Charging Platform; or (iii) to exercise or protect the rights, property, or the safety of EVCME, Customers and Hosts, or others. You agree to allow EVCME to maintain, use, and disclose your information (including personally identifiable information) as described above, and you hereby license such uses and disclosures of your information (including personally identifiable information) to EVCME.
If GPS, geo-location, or other location-based features are enabled on your mobile device where the Charging Platform is accessed, you acknowledge that your mobile device location may be tracked and may be shared with others. The location-based services offered in connection with the Charging Platform are for individual use only and should not be used or relied on in any situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or physical or property damage. USE LOCATION-BASED SERVICES AT YOUR OWN RISK AS LOCATION DATA MAY NOT BE ACCURATE.
If EVCME adopts and publishes, on its website or otherwise, a privacy policy, the terms of such privacy policy shall govern and control notwithstanding anything to the contrary herein. You are hereby directed to EVCME's Privacy Policy to review its terms.
The Charging Platform is based in the State of Colorado in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Charging Platform outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Charging Platform from outside the United States, you are responsible for compliance with local laws.
The Charging Platform may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that EVCME is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. EVCME does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
The Charging Platform is a commercial product, consisting of commercial computer software and commercial computer software documentation, as such terms are defined in 48 C.F.R. § 2.101. Accordingly, if you are an agency of the U.S. Government or any contractor therefor, you receive only those rights with respect to the Charging Platform as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other U.S. Government licensees and their contractors.
These Terms and Conditions constitute the full and final agreement between the Parties with respect to the matters addressed herein and they supersede any previous oral or written statements or prior agreement among the Parties related to such matters.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
The term of this Agreement commences when you download the Charging Platform onto your mobile device and will continue in effect until terminated by you or EVCME as set forth in this paragraph. You may terminate this Agreement by deleting the Charging Platform and all copies thereof from your mobile device. EVCME may terminate this Agreement or suspend use of the Charging Platform at any time for any reason without notice in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement or, in EVCME's judgment, your use of the Charging Platform has the potential to pose any harm to EVCME or its other Hosts or Customers. Upon termination, all rights granted to you under this Agreement will also terminate, you must cease all use of the Charging Platform and delete all copies of the Charging Platform from your mobile device and account, and except as required by law, all of your data may (at EVCME's option) be deleted from EVCME's servers and backup systems, including your usage history. Termination will not limit any of EVCME's rights or remedies at law or in equity. In addition, even after termination of use of the Charging Platform, your prior Charging Transactions shall continue to be governed by this Agreement, and you shall be responsible for payment of any charges, taxes, or fees due but not yet paid hereunder, as of the date of such termination. You agree that EVCME shall not be liable in any way for any termination of this Agreement or your use of the Charging Platform.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EVCME OR ITS LICENSORS OR SERVICE PROVIDERS BE LIABLE TO ANY OTHER PARTY FOR PERSONAL INJURY, PROPERTY DAMAGE, ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, COST OF SUBSTITUTE GOODS OR SERVICES, VEHICLE FAILURE OR MALFUNCTION, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OR USE, IN EACH CASE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY CUSTOMER'S OR HOST'S USE OF OR INABILITY TO USE THE CHARGING PLATFORM, AND IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE; WERE FORSEEABLE; OR EVCME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EVCME'S LIABILITY ARISING OUT OF THIS AGREEMENT OR THE CHARGING PLATFORM EXCEED THE TOTAL VALUE OF FEES RECEIVED BY EVCME FOR THE CHARGING TRANSACTION(S) RELATED TO THE CLAIM AND ENTERED INTO BY THAT PARTY CLAIMING DAMAGES DURING THE PRIOR TWELVE (12) MONTHS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH STATES A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
Any dispute, claim or controversy arising out of or relating to this Agreement or any use of or access to the Charging Platform shall be determined by binding arbitration to be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules; provided that EVCME retains the right to bring an individual action to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of EVCME's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Arbitration shall take place at the JAMS office in Denver, Colorado. ANY CAUSE OF ACTION OR CLAIM THAT A CUSTOMER OR HOST MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE CHARGING PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND IS HEREBY WAIVED AND RELEASED BY SUCH HOST OR CUSTOMER. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE BROUGHT BY A HOST OR CUSTOMER IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. YOU AGREE THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY, AND YOU HEREBY WAIVE ANY RIGHT TO ASSERT CONSOLIDATED CLAIMS WITH RESPECT TO ANY DISPUTES SUBJECT TO ARBITRATION UNDER THESE TERMS OR ANY DISPUTES BETWEEN THE PARTIES. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF EVCME. ALSO, YOU AGREE THAT YOU ARE PRECLUDED FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST EVCME BY SOMEONE ELSE.
This Agreement is governed by the laws of the State of Colorado, without reference to its conflicts of laws principles.
Except as otherwise set forth under "Dispute Resolution" above, no failure to exercise, and no delay in exercising, on the part of any Party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
EVCME may from time to time in its sole discretion develop and provide Charging Platform updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. Based on your mobile device settings, when your mobile device is connected to the internet either:
You shall promptly download and install all Updates and acknowledge and agree that the Charging Platform or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Charging Platform and be subject to all terms and conditions of this Agreement.
Customers and Hosts acknowledge and agree that EVCME has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. EVCME shall have the right at any time to change or discontinue any aspect or feature of the Charging Platform and may immediately suspend or terminate the availability of the Charging Platform, in whole or in part, to any individual user or all users, for any reason, in EVCME's sole discretion, and without advance notice or liability.
The Charging Platform offers various tools or display functionality that are available to you via your mobile device. Please note that your mobile carrier's normal messaging, data, and other rates and fees will apply to your use of the Charging Platform. In addition, downloading, installing, or using the Charging Platform may be prohibited or restricted by your mobile carrier, and not all functionality on the Charging Platform will work with all carriers or devices or in all locations. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Charging Platform is available for your mobile devices; what restrictions, if any, may be applicable to your use of the Charging Platform; and how much such use will cost you. Nevertheless, your use of the Charging Platform shall be strictly in accordance with this Agreement.
EVCME retains the right, and intends, to modify these Terms and Conditions from time to time according to its sole and complete discretion. Once EVCME has published modified Terms and Conditions on the Charging Platform, those modified Terms and Conditions are in full legal effect and are binding on Host and Customer. Your continued access to or use of the Charging Platform after publication of such modified Terms and Conditions confirms your consent to be bound by the Terms and Conditions as modified. No Party other than EVCME may modify these Terms and Conditions.