TERMS OF SERVICE AGREEMENT
LAST UPDATED: SEPTEMBER 13, 2018
Please read the following carefully as it governs your use of the Chargeway App and website (the “Service”) that are owned by Chargeway LLC (collectively referred to as “Chargeway”, “we” or “our”). By accessing or using the Service, you expressly agree and consent to the following terms and conditions. If you do not accept the terms and conditions stated here, do not use the Service.
We may revise and update this Agreement from time to time at our sole discretion. All changes are effective immediately when posted.
- USE OF SERVICE
Chargeway provides a digital and physical solution to connect electric car users to specified charging locations that provide them with electric fuel.
- REGISTRATION OBLIGATIONS
In consideration of your use of our Service, you represent that you are at least 18 years of age and are not a person barred from receiving services under the laws of the applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Service’s sign in form. You acknowledge that you have no ownership rights in your account. If you or Chargeway cancels your account, all your account information associated with your Account will be deleted and removed from any public area of the Services. Information may continue to be available for some period of time because of delays in effecting deletion or through cached copies retained by third parties.
- SERVICE RULES
You agree not to engage (or assist or enable any third-party to engage) in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) transmitting spam, chain letters, or other unsolicited email; (iii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Chargeway servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) collecting or harvesting any personally identifiable information, including account names, from the Service; (vi) using the Service for any commercial solicitation purposes; (vii) uploading invalid data, viruses, worms, or other software agents through the Service; (viii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ix) interfering with the proper working of the Service; (x) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
The Chargeway mobile app is intended for use only on smartphones operating Android and iOS. Use of the App on larger format devices such as tablets or larger format devices requires express authorization from Chargeway.
Chargeway may, without prior notice, stop providing the Service or features of the Service to you or others generally; change the Service; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
- OUR PROPRIETARY RIGHTS
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of Chargeway and its licensors. Nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Chargeway Content. Use of the Chargeway Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments about the Service, including without limitation about how to improve the Service or our products. By submitting any comments, you agree that your disclosure is complimentary, unsolicited and without restriction and will not place Chargeway under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Chargeway does not waive any rights to use similar or related ideas previously known to Chargeway, or developed by its employees, or obtained from sources other than you.
- CONFIDENTIALITY OF TESTING
The Service is currently in testing (“Beta”) mode and that the existence, functionality and performance of the Service constitute valuable trade secrets and confidential information owned by Chargeway, including but not limited to the development status of the Service, the functionality of the Service, the appearance and the content and functionality of the Service’s user interface. During the period this Agreement is in effect and at all times after its termination or expiration (until this Agreement is replaced with a new agreement), you shall maintain the confidentiality of this information, including information related to your evaluation and characterization of the Service (including suggestions for improvement that you deliver to Chargeway), and shall not sell, license, sublicense, publish, display, distribute, disclose or otherwise make available this information to any third party nor use such information except as expressly authorized by this Agreement.
You shall take all reasonable measures to protect the secrecy of and avoid disclosure or use of Chargeway’s confidential information in order to prevent it from coming into the possession of persons other than those authorized under this Agreement to have any such information or the public domain. Such measures shall include, but not be limited to, the highest degree of care that you utilize to protect your own confidential information of a similar nature with reasonable care. If you become aware of the unauthorized disclosure or use of the Service or any confidential information of Chargeway, you agree to immediately notify Chargeway and to assist us in remedying such unauthorized use or disclosure. Money damages would not be a sufficient remedy for any breach of your obligations under this Section 3 by you or your agents. In the event of any such breach, Chargeway shall be entitled to seek equitable relief without the necessity of proving actual damages or posting any bond, in addition to any other rights or remedies provided by law.
- CHARGEWAY PROPERTY
You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Chargeway on our servers. You agree that Chargeway has the absolute right to manage, regulate, control, modify and/or eliminate Chargeway Property as it sees fit in its sole discretion, in any general or specific case, and that we will have no liability to you based on its exercise of such right. All data on Chargeway’s servers are subject to deletion, alteration or transfer.
NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON CHARGEWAY’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN CHARGEWAY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. CHARGEWAY DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON CHARGEWAY’S SERVERS.
- THIRD-PARTY LINKS
You agree to defend, indemnify, and hold harmless Chargeway (and its officers, directors, employees and agents) from and against any third-party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Service. Chargeway shall use reasonable efforts to provide prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
- REPRESENTATIONS AND WARRANTIES
THERE IS NO WARRANTYTHE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
CHARGEWAY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CHARGEWAY SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND CHARGEWAY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
CHARGEWAY DOES NOT GUARANTEE OR WARRANT THAT CHARGING STATIONS WILL ALWAYS BE ACTIVE OR AVAILABLE AS THEY ARE OPERATED BY THIRD-PARTIES. PLEASE CONTACT THE LISTED NETWORK IF YOU ENCOUNTER ANY ISSUES RELATED TO CHARGING YOUR VEHICLE. THE TIMER AND TRIP PLANNER FEATURES WITHIN CHARGEWAY PROVIDE ESTIMATES BASED ON AVAILABLE STATION INFORMATION, USER SUBMITTED VEHICLE INFO AND IDEAL CHARGING CONDITIONS. FACTORS INCLUDING DRIVING SPEED, CHANGES IN ELEVATION AND WEATHER MAY IMPACT YOUR VEHICLES RANGE AND CHARGING TIMES. PLEASE BE SURE TO OBEY ALL POSTED SPEED LIMITS AND MAINTAIN YOUR VEHICLE CORRECTLY.
- LIABILITY DISCLAIMER
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHARGEWAY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL CHARGEWAY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, CHARGEWAY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL CHARGEWAY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO CHARGEWAY HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CHARGEWAY HAS BEEN ADVISED OF OR OTHERWISE HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- FITNESS FOR USE
The Service is operated from the United States. Chargeway makes no representations that the Service is appropriate or available for use in other locations. Accessing the Service from other jurisdictions is at your own risk and you are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Chargeway without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- Governing Law. You agree that: (i) the Service shall be deemed solely based in Oregon; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Chargeway, either specific or general, in jurisdictions other than Oregon. This Agreement shall be governed by the internal substantive laws of the State of Oregon, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and Chargeway that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Multnomah County, Oregon, unless submitted to arbitration as set forth in the following paragraph.
- Notification Procedures. Chargeway may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via text, or through posting of such notice on our website, as determined by Chargeway in our sole discretion. Chargeway reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Chargeway is not responsible for any automatic filtering you or your network provider may apply to notifications we send to the contact information that you provide us.
- For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Chargeway’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
- Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Chargeway in connection with the Service, shall constitute the entire agreement between you and Chargeway concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
If you have any questions regarding this agreement, please contact us at [email protected].