TERMS OF USE

IMPORTANT NOTICE: THESE TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION AND WAIVER OF JURY TRIALS AND CLASS ACTIONS GOVERNING DISPUTES ARISING FROM USE OF THE CHARGE SITE AND SERVICES. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE MANDATORY ARBITRATION AND WAIVER OF CLASS ACTION SECTION BELOW. PLEASE READ CAREFULLY.

These Terms of Use (“Terms”) govern access to and use of the Charge Enterprises, Inc. (“Charge,” “we” or “us”) website(s) https://charge.us/Powerbank and mobile application (together, the “Site”), Charge equipment, including Charge batteries (the “Batteries”), and various Charge services (the “Services”) by site visitors and individuals or who purchase services from Charge (“Users”). By using the Site or any Charge Batteries or Services, you as a User accept these Terms. Users may be referred to in these Terms as “you” and “your” as applicable.  For the avoidance of doubt, all references to the “Site” in these Terms also includes any Charge services offered through the Site.  

BY ACCESSING, USING, DOWNLOADING, OR UPLOADING ANY MATERIALS FROM OR TO THE SITE, OR USING THE SERVICES OR BATTERIES, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED AND MUST CEASE USING THE SITE AND SERVICES IMMEDIATELY.

  1. Acceptance of Terms.

Please check these Terms periodically for changes.  If you do not agree to the Terms, please do not use the Site.  By using the Site, you acknowledge that you have read, understood and agree to these Terms.  Your continued use of this Site following the posting of any changes to the Terms constitutes acceptance of those changes. 

  1. Account Registration; Credentials & Passwords.
  1. Account Information.  Users must create an account to access the Services. You agree to provide  true, accurate, current and complete information about yourself as prompted by the Services' registration, sign-in, or account registration page (“Account Information”) and maintain and promptly update the Account Information as necessary.  If you provide any information that is untrue, inaccurate, not current or incomplete, or Charge has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Charge may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). 
  2. Passwords and Security. You agree that at all times you shall keep confidential, maintain and control all user names and passwords used to limit your access to the Site, and that you are exclusively responsible for all activities that occur in connection with such user names and passwords.  You agree to immediately notify Charge of any disclosure to, or use of, any such usernames or passwords by any other individual.  Charge will not be liable for any loss or damage of any kind, under any legal theory, caused by your failure to comply with the foregoing obligations.
  1. Privacy Policy.

Any information, including personal information (e.g., your name, address, telephone number, e-mail address), that you transmit to the Site will be used by us in accordance with our Privacy Policy, which can be found here

  1. Eligibility

Eligibility to Use the Site.  By using the Site, you represent and warrant that you are 18 years of age or older and competent to agree to these Terms. The Site is not available for use by anyone under the age of 18. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

  1. General Rental and Use of the Batteries
  1. You acknowledge and agree that you are the sole renter and user of the Charge Batteries and you are solely responsible for compliance with all terms and conditions contained herein. You understand that when you rent a Charge Battery, the Battery must be used only by You. 
  2. You agree that the Battery and any Charge equipment attached thereto, at all times, shall remain the exclusive property of Charge. You shall not dismantle, write on, or otherwise modify, repair or deface a Battery, any part of a Battery, or other Charge equipment in any way. You may not use a Battery or any other Charge equipment for any advertising or other commercial purpose without the express written permission of Charge.
  3. Battery Operating Hours and Battery Availability.
  1. User agrees and acknowledges that the Batteries must be rented within the maximum rental time set forth on the Site. The number of Batteries is limited and Battery availability is never guaranteed.
  2. The Batteries are electric power batteries that require periodic charging in order to operate. You agree to use the Batteries safely and prudently.
  3. You acknowledge and agree that the level of charging power remaining in the Battery will decrease with use of the Battery, and that as the level of charge power of the Battery decreases, the operational capabilities of the Battery may decrease (or cease in their entirety). The rate of loss of charging power during the use will vary among Batteries depending upon a number of factors, including, but not limited to, age of the Battery, operational conditions, and weather conditions. 
  4. The level of charging power in the Battery at the time User initiates the rental or operation of the Battery is not guaranteed and may vary with each rental use.  It is your responsibility to check the level of charge power of the Battery and to ensure that it is adequate before initiating operation of the Battery.
  5. The Battery may run out of charging power and cease to operate at any time during User's rental of the Battery, including before reaching User's desired level of reloading.  If the Battery runs out of charging power during a rental, User shall return the Battery to the Charge charging station.
  6. You agree that you will not tamper with, attempt to gain unauthorized access to, or otherwise use the Services, the Batteries or the Site other than as specified herein. You acknowledge that prohibited tampering includes, without being limited to, any and all drawings, punctures, scratches, bumps, blows or alterations to the Battery rented under these Terms.
  1. Damage to Batteries; Loss; Injuries; Theft
  1. You agree to return the Battery to Charge in the same condition in which it was rented.  You are responsible for any damage to the Battery that occurs during your rental period, except for normal wear and tear. 
  2. You may not charge or attempt to charge the Battery using any means other than a Charge charging station.
  3. You must report any accident, damage, personal injury, or stolen or lost Battery to Charge as soon as possible, but in no event later than 24 hours following such accident, damage, personal injury, loss, or theft. 
  4. You acknowledge and agree that during the rental period, you are responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties or disbursements of any kind or nature whatsoever related to the Battery rented to you.
  5. You acknowledge and agree that you are responsible for any Battery lost or stolen while rented to you. If Charge deems a Battery lost or stolen, Charge may take any and all actions it deems appropriate including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities.
  1. Payment and Fees
  1. Prices and Fees. Information about rental time prices can be found within the Charge iOS and Android applications.  User agrees to pay all applicable charges and fees.  Daily max charge rates may vary based upon kiosk location.  For more information regarding pricing and fees, please see the rent screen on the Site.
  2. User understands and agrees that Charge may unilaterally amend its prices at any time or from time to time in its sole discretion.  
  3. User may use the Battery on a pay per Utilization basis (Utilization means the unlocking of the Battery through the Charge Site and its utilization until it is returned to a Charge charging station, or as otherwise in accordance with the pricing described on the Charge Site). In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by Charge. 
  4. Upon unlocking a Battery, an amount up to $1.50 will be authorized to the User’s payment method at the start of the rental period as a deposit. The actual rental price shall be calculated and charged to the User’s payment method upon returning the Battery, and the difference, if any, will then be returned to the User.
  5. Promo codes (discounts) can be redeemed only via application based on location of the kiosk. We reserve the right to modify or cancel discounts at any time. Discounts are non-transferable and may not be resold.
  6. Batteries lost or not returned within max rental time period will be considered bought by the User and User shall be charged $30.  In such case, Charge is not liable or responsible for providing User with a charging cord for the Battery.  User may purchase a charging cord at its sole cost and expense on Amazon (insert URL).  
  7. Valid payment method.
  1. To be registered to use the Services, User must provide Charge with a valid payment method accepted by Charge.
  2. User represents and warrants to Charge that User is authorized to use any payment method furnished to Charge. User authorizes Charge, or Charge’s third-party payment processing vendor, to charge the card or the said account for all fees incurred by User, including all applicable sales taxes and other local government charges.
  3. User agrees to notify Charge about any billing problems or discrepancies within ten (10) days after being charged.  User agrees to provide Charge with all information necessary to assess the alleged discrepancy.  If User fails to notify Charge of any billing discrepancies within ten (10) days, User waives its right to dispute such problems or discrepancies.
  1. Limitations on Availability of Services and Batteries.  

Charge makes every effort to provide its Services 365 days per year, but does not guarantee that the Services will be available at all times, as unforeseen events or other circumstances might prevent Charge from providing the Services. Access to Charge’s Services is also conditioned upon the availability of Batteries. Charge does not guarantee the availability of the Services or the Batteries at any time, even if the Battery is marked as available on the Charge Site.

  1. License.

Upon your acceptance of these Terms, we grant you a limited, non-exclusive and non-transferable license to access and use the Site and Services for your non-commercial personal use, and only as expressly permitted in these Terms. You shall not use or permit use of the Site or Services for any illegal purpose or in any manner inconsistent with the provisions of these Terms.  If you are or become a direct competitor of Charge, you may not access or use the Charge Services without Charge’s explicit, advance, written consent, and then only for the purposes authorized in writing. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.  Without limiting the foregoing, you may not: (1) interfere with others’ use of the Site or Services; (2) impair the Site’s operation or interfere with or disrupt the servers or networks on which it operates; (3) interfere with Charge’s exercise of its intellectual property rights; (4) frame or otherwise co-brand the Site or any content on the Site; (5) deep-link to any portion of the Site; or (6) use the Site or Services for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site and Services, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action.

  1. Charge Content.

You acknowledge and agree that the Site contains certain information, such as text, graphics, images, videos, links, and other materials (collectively, “Charge Content”) that is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.  You agree that as between you and Charge, Charge is the owner of Charge Content.  You may not reproduce, distribute, republish or retransmit any Charge Content or materials posted at the Site except as expressly permitted herein.  Except as expressly authorized by Charge herein, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Charge Content.  Systematic retrieval of data or other Charge Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Charge is prohibited.

  1. Site User Information.

When you post content on the Site or provide information to Charge, such as reviews or survey feedback, it belongs to you; however, you grant permission to Charge to use that content in connection with our Site.  Accordingly, you grant Charge a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display, perform, distribute, transmit, modify, adapt, commercialize, create derivative works of, and otherwise exploit such content in connection with our Site and Services.  You represent and warrant that you have all the necessary rights to grant Charge the foregoing license for all content you submit in connection with the Site and will indemnify us for any breach of this representation and warranty.  

  1. Third Party Sites/Information.

The Site may provide links to, or information gathered from, other sites on the Internet.  Charge makes no representations whatsoever about these sites or this information.  Other sites linked to the Site may contain information or material that some people may find inappropriate or offensive.  The provision of links to, or information gathered from, other sites on the Internet should not imply Charge’s endorsement of any such sites or any association between Charge and these other sites’ operators.  These sites are not under the control of Charge, and you acknowledge that Charge, its affiliates, and its licensors are not responsible for the accuracy, legality, decency, copyright compliance, or any other content of, or gathered from, such sites.  You also acknowledge that Charge, its subsidiaries, its affiliates, and its licensors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content, goods or services available on or through any sites linked to the Site, or your transmission of information, including personal data, to third-parties through such other sites.

  1. Wireless Features. 
  1. Charge Services may include certain features or services available to you via your mobile or wireless device.  These features and services may include the ability to access the Services' features and upload content to the Services, receive messages (including text and SMS messages) from the Services, and download applications to your device (collectively, the “Wireless Features”).  Standard messaging, data, and other fees may be charged by your wireless carrier to receive such Wireless Features. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or device. Contact your carrier with questions regarding these issues. 
  2. You acknowledge and agree that you are the current subscriber and/or authorized user of the mobile number you register with the Site, and you are authorized to incur any message or data charges that may be charged by your carrier. You are strictly prohibited from registering a mobile number that is not your own. If we discover that any information provided is false or inaccurate, we may hold, suspend or terminate your access to the Site or Services at any time. Your participation in the Services are completely voluntary.
  3. You agree that Charge may send communications to your wireless device, including push notifications, regarding our Services, Site, or Batteries. 
  1. Posting Guidelines.  

Charge may host message boards, chats, and other public forums on the Site and Charge’s social media accounts.  Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers of the Site.  These are public forums and any information that you post on the Site may be seen by anyone on the Internet.  You agree not to post any defamatory, abusive, profane, threatening, offensive, or illegal materials or information.  You also agree not to post statements or materials that constitute junk mail, spam or unauthorized advertising, such as links to commercial products or services or any political campaigning.  You also agree not to post any information or material protected by copyright, trademark or other proprietary right without the permission of the copyright, trademark, or proprietary right owner.  Users shall be solely liable for any damage resulting for infringements of copyrights, trademarks, proprietary rights or any other harm resulting from such user’s submission or post.  In addition, you grant Charge and users of the Site the nonexclusive right and license to display, copy, publish, distribute, transmit, print, and use such posted information or materials.

  1. User Warranties. 

User hereby represents and warrants to Charge that: (a) you have all requisite rights and authority to use the Charge Services under these Terms and to grant all applicable rights herein; (b) you are responsible for all use of the Charge Services associated with your Account; (c) you are solely responsible for maintaining the confidentiality of your Account name(s) and password(s); (d) you agree to immediately notify Charge of any unauthorized use of your Account of which you become aware; (e) you agree that Charge will not be liable for any losses incurred as a result of a third party's use of your Account, regardless of whether such use is with or without your knowledge and consent; (f) you will use the Charge Services for lawful purposes only and subject to these Terms; (g) any information, including documents, that you submit, upload, or send to Charge is true, accurate, and correct; and (h) you will not attempt to gain unauthorized access to the Site or the Charge Services, other accounts, computer systems, or networks under the control or responsibility of Charge through hacking, cracking, password mining, or any other unauthorized means.

  1. Charge Disclaimer of Warranties.

THE SITE, AND ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE.  THE SITE IS PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CHARGE, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT THE SITE, SERVICES, OR BATTERIES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT, SITE OR BATTERIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CONTENT ON THE SITE OR FROM OTHER USERS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  IN ADDITION, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITES IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.  BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability.

Under no circumstances shall Charge, its affiliates, or its licensors be liable for any consequential damages (including, without limitation, indirect,  punitive, incidental or special damages, damages for loss of profits, goodwill, use, data or other intangible losses (even if Charge has been advised of the possibility of such damages) including, without limitation, any that result from: (i) the use of, or inability to use, the Site, the Services, or the Batteries; (ii) your reliance on advice, information, or other content on the Site; (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from the Site; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the Site; or (vi) any other material relating to the Site.  Charge, its affiliates and its licensors shall only be liable to the extent of actual damages incurred by you, not to exceed the purchase price received by Charge for the service giving rise to the liability.  This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Charge has been advised of the possibility of such damage.  Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages Charge’s liability in such jurisdictions shall be limited to the extent permitted by law.  

  1. Indemnity.

You agree to defend, indemnify and hold Charge and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party that arise from (a) your access to and use of the Site, Services, and Batteries; or (b) violation of these Terms by you. Charge reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Charge in asserting any available defenses.

  1. International Use.

Charge makes no representation that the Site is appropriate or available for use in locations outside the United States, and accessing them from territories where the content or materials on the Site are illegal is prohibited.  If you access the Site from locations outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. You agree to comply will all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

  1. Copyright Policy.

Charge respects the intellectual property rights of others and expects visitors to its Site to do the same.  Charge will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide contact details to Charge using the information below and provide the following: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Charge reserves the right to remove content alleged to be infringing without prior notice and at its sole discretion. Charge may also terminate a User’s account if the user is determined to be a repeat infringer. Charge’s designated copyright agent for notice of alleged copyright infringement appearing on the Site can be reached at pbsupport@charge.us

  1. Mandatory Arbitration, Waiver of Class Actions; Choice of Law.  

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. 

  1. Scope.  This Section 20 is intended to be interpreted broadly and governs any and all disputes between Charge and Users, including but not limited to, claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these Terms or any prior; and claims that may arise after the termination of these Terms (“Claims”). The only disputes excluded from this broad prohibition are the litigation of certain intellectual property disputes as provided below.
  2. Pre-Arbitration Procedure.  We hope that we can resolve any disputes with you without resorting to arbitration.  If you have an issue or a complaint, you agree to contact us at pblegal@charge.us before taking formal action in accordance with paragraph 20.3.  In your contact, please provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an Account). Charge agrees to use reasonable efforts to address your issue or complaint.  
  3. Binding Arbitration. If, after engaging in good faith negotiations, we cannot reach an agreed-upon solution with you within sixty (60) days, then either party may initiate binding arbitration as the sole means to resolve Claims (except as provided below) subject to these Terms set forth below.  You agree that any and all Claims shall be resolved by binding arbitration in accordance with the Consumer Arbitration Rules, as applicable, of the American Arbitration Association (“AAA”), having an address at 220 Davidson Avenue, 1st Floor, Somerset, New Jersey, 08873, or its successor.  Information about AAA, including its rules and procedures, can be found at www.adr.org. If AAA, or its successor, is unable to arbitrate a particular Claim, then that Claim shall be resolved by binding arbitration pursuant to the rules and procedures of an equivalent organization as mutually agreed by the parties. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate and the Terms, including but not limited to, any claim that all or any part of this agreement or the Terms is unenforceable.  All fees charged by AAA, or its successor, shall be paid in accordance with the fee schedule under the Consumer Arbitration Rules, as applicable.  All fees charged by any other equivalent organization as mutually agreed by the parties shall be paid in accordance with the rules and procedures of the equivalent organization. Arbitration awards may be enforced in any court of competent jurisdiction. The provisions of this paragraph shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., and shall survive settlement.  EXCEPT AS MAY BE PROVIDED IN AAA’S CONSUMER DUE PROCESS PROTOCOL THAT ALLOWS CONSUMERS TO FILE CERTAIN CLAIMS IN SMALL CLAIMS COURT, YOU AGREE THAT YOU ARE GIVING UP YOUR RIGHT TO A TRIAL IN COURT, EITHER WITH OR WITHOUT A JURY.
  4. Class Action Waiver. You and Charge expressly waive the right to file a class action or seek relief on a class basis. YOU AND CHARGE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
  5. Intellectual Property Exclusion.  Notwithstanding the parties’ decision to resolve all disputes through arbitration, Charge may bring enforcement actions, validity determinations, requests for emergent relief, including temporary restraining orders or preliminary injunctions, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in any state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights in the Site.
  6. Survival. This Mandatory Arbitration, Waiver of Class Actions section shall survive any termination of your use of the Site.  
  7. Choice of Law. These Terms are governed by and construed in accordance with the laws of the State of New Jersey, U.S.A., without regard to its conflict of laws principles. Any action or proceeding by Charge to enforce these Terms under Section 20.5 shall be brought in a state or federal court located in New Jersey. User irrevocably submits to the exclusive jurisdiction of such courts and waives the defense of inconvenient forum to the maintenance of any such action.
  1. Modifications to Site and Services.

Charge reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or some or all of the content or services offered through the Site, including the Services, with or without notice.  You agree that Charge shall not be liable to your or to any third party for any modification, suspension or discontinuance of the Site or some or all of the services offered through it.

  1. Severability and Integration.

These Terms, along with Charge’s Privacy Policy, constitutes the entire agreement between you and Charge with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Charge with respect to the Site.  If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

  1. Contact Information.

If have any questions or should you need any additional information about issues relating to the Site, please contact us at pbsupport@charge.us .