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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 firstname.lastname@example.org.
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.
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.
If have any questions or should you need any additional information about issues relating to the Site, please contact us at email@example.com .