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Website Terms of Use

EZ-Charge Website Terms of Use Agreement
Effective: June 17th, 2016

By using the EZ-Charge website, you are agreeing to comply with and be bound by this Website Terms of Use Agreement. Please review the following terms carefully. If you do not agree to these terms, you may not use this Site. References to “us,” “we” or “our” refers to EVgo Services LLC, the owner of this website. References to “you,” “your” or “user” refers to the user or viewer of the EZ-Charge website.

You may obtain any additional information concerning this Agreement or the EZ-Charge Platform by contacting us at support@ez-charge.com or (844) EZCharg [(844) 392-4274].


1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to the EZ-Charge website (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and the most recent version published on the Site shall supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to your use of the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement, other than with respect to the obligation to arbitrate set forth in Section 28, may be amended at any time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review it prior to using the Site.

2. Copyright.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary rights, including, but not limited to, intellectual property rights. The copying, redistribution, use or publication by you of any of such materials or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site is the copyrighted work of third parties.

3. Service Marks.
“EZ-Charge” and “EZ-Charge.com” are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners. The use, copying or publication by you of any registered service mark or trademark owned by us or mentioned on the Site, except as allowed by Section 4 below, is strictly prohibited.

4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes, provided that you comply with all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means, all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained on the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States, including, without limitation, the Export Administration Regulations (15 CFR Parts 730-774); (l) perform any act or omission which would damage the Site, impair its operation, overload its facilities, or impose a burden on the Site’s infrastructure beyond that which would be imposed by normal use, including, but not limited to, spamming, introducing any viruses, worms, cancelbots, disabling agents, or trojan horses into the Site, or using spiders, avatars, robots, or intelligent agents to search or navigate the Site; (m) use the Site for any unauthorized or unlawful purpose or in any manner not consistent with the uses contemplated hereunder; and (n) perform any act or omission in connection with or directly or indirectly resulting from your use of the Site which could or does cause harm to EZ-Charge’s business or reputation or other users of the Site, or cause us to incur liability to any third party.

6. Forms, Agreements & Documents.
We may make available through the Site or through other websites sample and actual forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, timeliness, accuracy, and/or appropriateness. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation. Some Documents are public domain forms or available from public records.

7. Linking to the Site.
You may provide links to the Site, provided that (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

8. Advertisers.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

9. Registration.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

10. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

11. Third Party Content.
Please note that certain products and services mentioned on the Site are sold by third parties or are linked to third party websites, and we have no responsibility or liability for those products or services.

12. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

13. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

14. Nontransferable.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

15. Disclaimer.
THE SITE AND ALL INFORMATION, CONTENT AND DOCUMENTS AVAILABLE AT, THROUGH OR LINKED TO OR FROM THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS”. WE HEREBY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). THE SITE MAY CONTAIN INFORMATION AND SERVICES WHICH MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE MAKE NO REPRESENTATION THAT THE SITE WILL BE FREE FROM VIRUSES, WORMS OR OTHER FORMS OF MALICIOUS CODE. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

16. Limitations.
a. You hereby release EZ-Charge and any of its affiliates from any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance by any third party.
b. YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF EZ-CHARGE AND ANY OF ITS AFFILIATED PARTIES IN CONNECTION WITH ALL CLAIMS BY YOU OR ANYONE CLAIMING BY THROUGH OR UNDER YOU THAT ARISE OUT OF OR ARE RELATED TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED ON THE SITE SHALL NOT, IN THE AGGREGATE, EXCEED $100.00 AND THAT SUCH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
c. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, YOU AGREE THAT NEITHER EZ-CHARGE NOR ANY OF ITS AFFILIATED PARTIES WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF EMPLOYMENT, DAMAGE TO COMPUTER HARDWARE OR SOFTWARE, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
d. THE DAMAGE LIMITATIONS SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE MADE AVAILABLE WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

17. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including, without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

18. Third Party Services.
We may allow access to or advertise certain third-party product or service providers (“EZ-Charge Platform Participants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by the EZ-Charge Platform Participants and that they are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and the EZ-Charge Platform Participants. You agree that your use of or purchase from such EZ-Charge Platform Participants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THE EZ-CHARGE PLATFORM PARTICIPANTS OR FOR ANY INFORMATION APPEARING ON ANY OF THEIR WEBSITES OR ANY OTHER SITE LINKED TO OUR SITE.

19. Third-Party EZ-Charge Platform Participant Policies.
All rules, policies (including privacy policies) and operating procedures of EZ-Charge Platform Participants will apply to you while on any of their sites. We are not responsible for information provided by you to EZ-Charge Platform Participants. EZ-Charge and the EZ-Charge Platform Participants are independent of each other and no party has authority to make any representations or commitments on behalf of any other party.

20. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You agree to review this Privacy Policy periodically by clicking on this link: https://www.ez-charge.com/privacy-policy/

21. Securities Laws.
The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

22. Links to Other Websites Outside of the EZ-Charge Platform.
The Site contains links to other websites, including the websites of the EZ-Charge Platform Participants. Each EZ-Charge Platform Participant maintains its own website and is responsible for the content, accuracy or opinions expressed in such website. Websites other than those of the EZ-Charge Platform Participants are not investigated, monitored or checked for accuracy or completeness by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk. Inclusion of the EZ-Charge Platform Participants’ linked websites on our Site is required to complete your enrollment in the EZ-Charge Platform. Any linked websites outside of the EZ-Charge Platform does not imply approval or endorsement of the linked website by EZ-Charge. Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and are neither endorsed by us nor reflect our beliefs.

23. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent (address below) with the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail with “Notice of Copyright Claim” in the subject line to support@ez-charge.com.

24. Information and Press Releases.
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

25. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

26. Miscellaneous.
Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Sections 16 and 17. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

27. Governing Law.
THIS AGREEMENT SHALL BE TREATED AS THOUGH IT WERE EXECUTED AND PERFORMED IN HOUSTON, TEXAS. YOU AGREE THAT THESE TERMS OF USE AND ANY DISPUTE YOU MAY HAVE WITH EZ-CHARGE RELATED TO THE SITE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF LAWS PROVISIONS.

28. Arbitration.
THE PARTIES AGREE TO RESOLVE ALL DISPUTES BETWEEN THE PARTIES, INCLUDING, BUT NOT LIMITED TO, DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SITE OR OTHERWISE IN BINDING ARBITRATION BETWEEN THE PARTIES CONDUCTED PURSUANT TO THE ARBITRATION SCHEDULE AND YOU ARE AGREEING TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US. The Arbitration Schedule and all forms of Notice are available for download at www.ez-charge.com\forms.