PLEASE READ EACH PROVISION OF THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES (DEFINED BELOW). BY ACCESSING AND/OR USING OUR SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT AND THE CONDITIONS OF USE STATED HEREIN, INCLUDING THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS, DO NOT ACCESS OR USE THE SERVICES.
WE MAY AMEND THIS AGREEMENT FROM TIME TO TIME. AMENDMENTS WILL BE EFFECTIVE UPON UCHARGERS POSTING OF SUCH UPDATED AGREEMENT HERE. YOUR CONTINUED ACCESS OR USE OF THE SERVICES AFTER SUCH POSTING CONSTITUES YOUR CONSENT TO BE BOUND BY THIS AGREEMENT, AS AMANED.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS FURTHER DETAILED IN SECTION 2 BELOW. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. BY AGREEING TO WAIVE CLASS ACTION RIGHTS, EACH PARTY AGREES THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION.
This User Agreement & Terms of Service (collectively, the Agreement) is a legally binding agreement between you (You, Your, or User) and Ucharger (We, Us, or Our). This Agreement states the material terms and conditions that governs you use of Our Services.
Our Services are comprised of the following:
1) Our smart charger dispenser (Dispenser);
2) Our rentable smart charger (Portable Charger);
3) All other related equipment, maintenance, mobile applications, other software and information provided or made available by Us;
4) Use of Our Ucharger mobile application (the App) and any interactive features, and/or other services that we make available and that post a link to this Agreement.
This Agreement, together with all updates, supplements, additional terms, and all of Our rules and policies collectively constitute this Agreement between You and Us.
We agree to allow You to rent the Portable Charger, subject to the terms and conditions set forth in this Agreement. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in U.S. dollars.
In some instances, both this Agreement and separate guidelines, rules, or terms of use, setting forth additional or different terms and/or conditions will apply to Your use of the Services (in each such instance, and collectively, Additional Terms). The Additional Terms are incorporated into this Agreement by this reference. To the extent there is a conflict between this Agreement and any Additional Terms, this Agreement will control unless the Additional Terms expressly state otherwise. By using the Services, You acknowledge and accept the Ucharger Privacy Policy, and consent to the collection and use of Your data in accordance with that Privacy Policy.
1. RENTAL AND USE OF PORTABLE CHARGER.
1.1You are the Sole User of the Services: You certify and expressly agree that You are the sole renter and You are responsible for compliance with all terms and conditions contained in this Agreement. You understand that when You rent a Portable Charger, the Portable Charger must be used ONLY BY YOU. You must not allow others to use a Portable Charger that You have rented.
1.2You are At Least 18 Years Old: You represent and certify that You are at least 18 years old, and that You have a valid drivers license or personal identification (if required in your jurisdiction).
1.3You are a Competent Operator: You represent and certify that You are familiar with the safe and competent operation of the Portable Charger.
1.3.1 User is familiar with all applicable local, state, and county rules, regulations, codes and laws that relate to the safe and legal operation of a Portable Charger.
1.3.2 User is fully aware that using a Portable Charger poses a risk of accident due to contact with water, get near the fire, and incinerating, disassembling, crushing, puncturing the Portable Charger, and user must keep a proper lookout to avoid such accidents.
1.3.3 User is solely responsible for operating and using a Portable Charger in a careful and reasonably competent manner. User is liable for any and all damages resulting from improper use or abuse of the Portable Charger and the cost of such damages.
User is solely responsible and liable for any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorneys fees, judgments, suits, fees and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, as a result of using any of the Services.
1.4 Portable Charger is the Exclusive Property of Ucharger: You agree that the Portable Charger, and any Ucharger equipment attached thereto, at all times, remain the exclusive property of Ucharger. You must not dismantle, write on, or otherwise modify, repair or deface any Portable Charger, or any part of any of the Portable Charger, or any other Ucharger equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Portable Charger and Ucharger Dispenser in any way. You must not use any Portable Charger for any advertising or commercial purpose.
1.5 Assumption of Liability by You: YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY MISUSE, CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN, AS A RESULT OF USING ANY OF THE SERVICES.
1.6 You are Responsible for Portable Charger Damage and Loss: You agree to return any Portable Charger to Ucharger in the same condition in which such Portable Charger was rented. You agree that You will be responsible for the cost of replacing any Portable Charger that You damage or lose. You will not be responsible for normal wear and tear of the Portable Charger. If You vandalize any Portable Charger or Dispenser, You shall be liable for $35 for each Portable Charger(this price is the previous discounted price, after Ucharger updates the price, it will be displayed in the form of App), and $1800 for each Dispenser. You authorize Us to bill You directly to the credit/debit card and/or other payment method You used to rent the Portable Charger.
1.7 Availability and Usage of Portable Charger: You agree and acknowledge that Portable Charger may not be available at all times. Portable Charger requires periodic charging of batteries in order to be rented and to charge Your device. You agree to use and operate Portable Charger safely and prudently and comply with all restrictions and requirements associated with Portable Charger, as set forth in any all applicable laws, rules, regulations, and/or ordinances.
2. ARBITRATION; CLASS ACTION WAIVER; DISPUTE RESOLUTION.
2.1. Dispute Resolution: Certain portions of this Section 2 are deemed to be a written agreement to arbitrate pursuant to the Federal Arbitration Act. You and Ucharger expressly agree and intend that this Section 2 satisfies the writing requirement of the Federal Arbitration Act. This Section 2 can only be amended by mutual agreement.
2.2. Informal Resolution of Disputes and Excluded Disputes : If any controversy, allegation, or claim arises out of or relates to the Services, the Content, Your User-Submissions, this Agreement, or any Additional Terms, whether heretofore or hereafter arising (collectively, Dispute), or to any of Uchargers actual or alleged intellectual property rights (an Excluded Dispute), then You and Ucharger agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to You will be sent to You based on the most recent contact information that You provide us. But if no such information exists or if such information is not current, then We have no obligation under this Section 2.1. Your notice to us must be sent to: Ucharger, 305 Deerfield Ave Irvine ca 92606. For a period of sixty (60) days from the date of receipt of notice from the other party, Ucharger and You will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either You or Ucharger to resolve the Dispute or Excluded Dispute on terms with respect to which You and Ucharger, in each of our sole discretion, are not comfortable.
2.3. Binding Arbitration: If We cannot resolve a Dispute as set forth in Section 2 (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES (WHETHER BASED IN CONTRACT, LAW, STATUTE, RULE, REGULATION, ORDINANCE, TORT INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE, COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING CONNECTED TO THE PROVISION OR USE OF THE SERVICES. The Federal Arbitration Act (FAA), not state law, shall govern the arbitrability of all Disputes regarding this Agreement (and any Additional Terms) and the Services, including the No Class Action Matters Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Ucharger and You agree, however, that State or federal law shall apply to, and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising from a Dispute regarding this Agreement and the Services, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to States choice of law principles.
2.4. Applicability of JAMS Rules and Location of Arbitration : A Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the Judicial Arbitration and Mediation Services Inc. (JAMS) using JAMS streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that You and an officer or legal representative of Ucharger consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the metropolitan statistical area (as defined by the U.S. Census Bureau) where You are a resident at the time the Dispute is submitted to arbitration. You and Ucharger will pay the administrative and arbitrators fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Ucharger to pay a greater portion or all of such fees and costs in order for this Section 2 to be enforceable, then Ucharger will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator or arbitration panel, as the case may be, will apply and be bound by this Agreement and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award. All issues are for the arbitrator to decide, including arbitrability. This arbitration provision shall survive termination of this Agreement or the Services. You can obtain JAMS procedures, rules, and fee information as follows: JAMS: 1.800.352.5267and http://www.jamsadr.com.
2.5. Arbitrators Decision: The Arbitrator will render a written decision within the time frame specified in the JAMS Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. The Arbitrators decision shall be final and binding on all parties. The prevailing party in the arbitration shall be entitled to an award of attorneys fees and costs, as long as the Arbitrator includes such an award of attorneys fees and costs in the written decision.
2.6. Limited Time to File Claims: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR UCHARGER WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR UCHARGER MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH HEREIN) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth herein; (b) filing for arbitration with JAMS as set forth herein; or (c) filing an action in state or Federal court.
2.7. Injunctive Relief : The foregoing provisions of this Section 2 will not apply to any legal action taken by Ucharger to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, any Content, Your User Submissions and/or Uchargers intellectual property rights (including those that Ucharger may claim are in dispute), Uchargers operations, and/or Uchargers Products and/or Services.
2.8. No Class Action Matters: YOU AND UCHARGER 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 OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 2 to arbitrate will not apply and the Dispute must be brought exclusively in court. Notwithstanding any other provision of this Section 2, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this No Class Action Matters section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
2.9. Federal and State Courts in Los Angeles County, California : Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising out of or related to this Agreement, any Product, and/or any of the Services, may only be instituted in state or Federal court in Los Angeles County, California . Accordingly, You and Ucharger consent to the exclusive personal jurisdiction and venue of such courts for such matters.
2.10. Small Claims Matters Are Excluded from Arbitration Requirement: Notwithstanding the foregoing, either You or Ucharger may bring a qualifying claim or Dispute (but not Excluded Disputes) in small claims courts of competent jurisdiction.
3. PAYMENTS AND FEES
3.1. Fees: You understand that use of the Services may result in charges to you for the Services you receive. You may use the Portable Charger on a pay per rental basis or as otherwise in accordance with the pricing described in the App. Users period of Portable Charger rental begins when the Portable Charger is rented with the App. The Rental Period ends when the Portable Charger is returned to the Dispenser. After you have received the Services obtained through Your use of the Services, We will facilitate your payment of the applicable fees and charges. In each case, fees and other charges may be subject to applicable taxes and other local and/or state government charges, which may be charged and collected by Ucharger. Ucharger will charge Your credit card or debit card (collectively, Your Card) or other agreed payment methods the amount of the fees as described in this Agreement.
3.2. Promo Codes: Promo codes (Promotions) are one-time offers and can only be redeemed via the App. Ucharger reserves the right to modify or cancel Promotions at any time. Promotions are limited to one per customer and account and may not be combined with other offers. Promotions are non-transferable and may not be resold.
3.3. Maximum Rental Time and Charges: The maximum rental time is 180hours. You agree that you will return the charger within 180 hours after starting to rent the charger, then, you can rent it again. You agree that you should be responsible for understanding the existence of overdue fines and returning the charger in time. The charges will vary according to the location. Please refer to the content of app at the time of lease.
3.4. Valid Credit Card or Debit Card: You must input a valid Card number and expiration date before you will be registered to use the Services. You represent and warrant to Ucharger that you are authorized to use any Cards you furnish to Ucharger. When we process your card, some credit card companies may place a temporary hold on your account for your first payment. Please contact Your Card company if You have questions. You authorize Ucharger to charge the Card for all fees incurred by you. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Ucharger. If you dispute any charge on Your Card account, then You must contact Ucharger within 10 business days from the end of the month with the disputed charge, provide to Ucharger all rental information that is necessary to identify the disputed charge, such as the date of the rental and the approximate starting and ending time. You agree to immediately inform Ucharger of all changes relating to Your Card.
4. RELEASES
4.1. Releases : Claims means, collectively, and without limitation, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys fees, whether incurred pre-litigation, pre-trial, at trial, on appeal, or otherwise), damages of any kind whatsoever (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Services, including any of the Portable Charger, equipment or related information, and/or (b) Your use of any of the foregoing. Released Persons means, collectively (i) Ucharger and all of its owners, managers, affiliates, employees, agents, representatives, successors, assigns, licensors, licensees, distributors, vendors or third parties with whom Ucharger authorizes or otherwise partners with to distribute, market or otherwise commercialize the Services, (ii) municipalities and public entities (including all of their respective elected and appointed officers, officials, employees and agents) which authorize Ucharger to operate any of its Services, and (iii) to the extent You access the Services using a third party application, website, content, products, or services, that third party and all of its owners, managers, affiliates, subsidiaries, employees, directors, agents, representatives, successors, and assigns. In exchange for being allowed to use any of the Services, and other equipment or related information provided by Ucharger, You (acting for You and for all of Your family, heirs, agents, affiliates, representatives, successors, and assigns) hereby fully and forever release and discharge all Released Persons for any and all Claims that You have or may have against any Released Person. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases. You expressly agree to indemnify, release and hold harmless Released Persons from all liability for any such property loss or damage, personal injury or loss of life, regardless of the cause, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using any of the Services.
4.2. Waiver of California Civil Code Section 1542: You expressly agree and acknowledge that You may discover facts or law different from, or in addition to, the facts or law that You know or believe to be true with respect to the Claims and the Released Persons. Nonetheless, You expressly agree and acknowledge that Section 5.1 above shall be and remain effective in all respects notwithstanding such different or additional facts or the discovery of them. You expressly agree and acknowledge that all rights under California Civil Code Section 1542 are expressly waived. California Civil Code Section 1542 provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
5. DISCLAIMERS.
5.1. Disclaimer of Warranties: TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, PRODUCTS, OR RELATED EQUIPMENT, UCHARGER AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.2. Services Provided As-Is: ALL OF THE SERVICES, PORTABLE CHARGER, AND RELATED EQUIPMENT ARE PROVIDED AS IS, AS AVAILABLE AND WITH ALL FAULTS (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK).
Therefore, to the fullest extent permissible by law, the Released Persons hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
5.2.1. the Services (including the Portable Charger rented through the Services, and the User Submissions);
5.2.2. the functions, features, or any other elements on, or made accessible through, the Services;
5.2.3. any instructions offered or referenced at or linked through the Services;
5.2.4. security associated with the transmission of Your User Submissions transmitted to Ucharger via the Services;
5.2.5. whether the Services or the servers that make the Services available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact Your Device(s));
5.2.6. whether the information (including any instructions) on the Services is accurate, complete, correct, adequate, useful, timely, or reliable;
5.2.7. whether any defects to or errors on the Services will be repaired or corrected;
5.2.8. whether Your access to the Services will be uninterrupted;
5.2.9. whether the Services will be available at any particular time or location; and
5.2.10. whether Your use of the Services is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A RELEASED PERSON, RELEASED PERSONS HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
UCHARGER AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, PRODUCTS, OR RELATED EQUIPMENT WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, PRODUCTS, AND/OR RELATED EQUIPMENT.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions laws are applicable. However, in those jurisdictions, Ucharger expressly disclaims any and all warranties to the fullest extent permitted by applicable law.
6. LIMITED LIABILITY OF UCHARGER; ASSUMPTION OF RISK BY YOU.
6.1. Limited Liability: YOU HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, UCHARGER AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, PRODUCTS, AND/OR RELATED EQUIPMENT, (C) YOUR BREACH OF THIS AGREEMENT AND/OR YOUR VIOLATION OF ANY LAW, RULE, REGULATION (D) ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION AND/OR INACTION BY YOU.
6.2. Waiver of Claims: YOU HEREBY WAIVE ANY AND ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, AND/OR OTHER GROUNDS, EVEN IF UCHARGER OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.
6.3. Maximum Liability to Ucharger: THE TOTAL LIABILITY OF UCHARGER AND ALL OTHER RELEASED PERSONS FOR ANY AND ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER GROUNDS, IS LIMITED TO THE SUM OF $100.
6.4. Assumption of Risk by You: YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, PRODUCTS, AND/OR RELATED EQUIPMENT, IS AT YOUR SOLE AND INDIVIDUAL RISK, AND THAT UCHARGER AND THE RELEASED PERSONS ARE NOT RESPONSIBLE FOR ANY AND ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOU FULLY UNDERSTAND THE RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES, PRODUCTS, AND/OR RELATED EQUIPMENT, AND THAT YOU ASSUME SUCH RISK.
6.4.1. You are solely and fully responsible for the safe operation of the Portable Charger at all times.
6.4.2. You agree that the Portable Charger is electronic hardware that may malfunction, even if the Portable Charger is properly maintained, and that such malfunction may cause injury.
6.4.3. You agree that using the Portable Charger involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to You or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided.
6.4.4. You agree that if Your use of any of the Services, Products, and/or related equipment causes any injury or damage to another person or property, then You will be liable for any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys fees, judgments, suits and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown.
7. INDEMNIFICATION.
7.1. Indemnification : You agree to defend, indemnify, and hold harmless the Released Persons from and against any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys fees, judgments, suits settlements, and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Released Person, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) Your use or misuse of the Services, Products, and/or related equipment, (ii) Your User Submissions; (iii) Your use of the Services and Your activities in connection with the Services; (iv) Your breach or alleged breach of this Agreement or any Additional Terms; (v) Your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with Your use of the Services (including the Portable Charger) or Your activities in connection with the Services; (vi) information or material transmitted through Your Device(s), even if not submitted by You, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vii) any misrepresentation made by You; and (viii) the Released Persons use of the information that You submit to Us (including Your User Submissions) (all of the foregoing, Claims and Losses). You will cooperate as fully required by the Released Persons in the defense of any of the foregoing. Notwithstanding the foregoing, the Released Persons retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Released Persons reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Released Persons.
8. TERM AND TERMINATION.
8.1. Term: The term of this Agreement begins when You first use the Services, and the term ends 10 years after You last use the Services; provided, however, that Your personal financial responsibility under this Agreement expires one year after You last use the Services.
8.2. Termination by Ucharger: At any time and from time to time, and without Your consent, Ucharger may unilaterally terminate Your right to use the Services, in Uchargers sole and absolute discretion and without any notice or cause. You may terminate Your use of the Services at any time; provided, however, that (i) no refund will be provided by Ucharger, (ii) the term of this Agreement continues in accordance with this Agreement, and (iii) You may still be charged any applicable fees in accordance with this Agreement.
8.2.1. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Your right to use any of the Services, regardless of how the Agreement is terminated.
9. CONFIDENTIALITY OF INFORMATION; PRIVACY POLICY.
9.1. Information Kept According to Privacy Policy: All personally identifiable information that is held by Ucharger and pertains to You, including all names, addresses, phone numbers, email addresses, Card numbers, and/or pass numbers, will be kept by Ucharger in accordance with its Privacy Policy; provided, however, that (i) if there is any situation where You are unable to communicate personal information to the appropriate authorities, then Ucharger may, in Our sole and absolute discretion, provide Your name, address, phone number, and other information to such authorities, (ii) if Ucharger receives a subpoena from any court or other authority, then Ucharger will provide all requested information in accordance with applicable law, and (iii) Ucharger may disclose aggregate and other data about You in accordance with applicable law, including, without limitation, general latitude and longitude data for Your addresses (provided this would not allow any individuals address to be separately identified). In addition, Ucharger may disclose individual data to a third party upon your express permission and consent.
9.2. Reservation of Rights: We reserve the right, without any limitation, to: (i) investigate any suspected breaches of the Services security or information technology or other systems or networks; (ii) investigate any suspected breaches of this Agreement and any Additional Terms; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of this Agreement and any Additional Terms; and (vi) discontinue the Services, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate Your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to You or any third party. Any suspension or termination will not affect Your obligations to us under this Agreement or any Additional Terms. Upon suspension or termination of Your access to the Services, or upon notice from us, all rights granted to You under this Agreement or any Additional Terms will cease immediately, and You agree that You will immediately discontinue use of the Services. The provisions of this Agreement and any Additional Terms, which by their nature should survive Your suspension or termination will survive, including the rights and licenses You grant to us in this Agreement, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
10. TELEPHONIC COMMUNICATIONS AND AGREEMENT TO BE CONTACTED.
10.1. You acknowledge that telephone calls to or from Ucharger may be monitored and recorded and You agree to such monitoring and recording.
10.2. You verify that any contact information provided to Ucharger, including but not limited to, Your name, email address, and Your mobile telephone number is true and accurate. You verify that You are the current subscriber or owner of any telephone number that You provide to us. Should any of Your contact information change, including Your telephone number, You agree to notify us immediately by emailing chargeroe8@gmail.com, You agree to indemnify, defend, and hold Ucharger harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys fees) arising from failure to update Your contact information (including Your telephone number), Your voluntary provision of a telephone number that is not Your own, and/or from Your violation of any federal, state, or local law, regulation, or ordinance, including but not limited to the Telephone Consumer Protection Act (TCPA).
10.3. By voluntarily providing Your telephone number(s) to Ucharger, You expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages related to special offers, Your account, any transaction with us, and/or Your relationship with Ucharger. These telephone calls and text messages may include, but are not necessarily limited to, for example, changes to Your account, verification codes, information in connection with a Portable Charger rental, equipment updates, promotions, and updated payment information. Consent to receive automated marketing calls/texts is not a condition of any rental or purchase. You may receive marketing calls or text messages even if your telephone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for calls or text messages by Your telephone carrier and that Ucharger is not responsible for these charges.
10.4. You agree that Ucharger may obtain, and you expressly agree to be contacted at, email addresses, mailing addresses, and phone numbers provided by You directly or obtained through other means. You agree to receive automated calls and text messages even if you cancel your account or terminate Your relationship with us, except if You opt-out. Please allow up to thirty (30) days to process any opt-out request. It is your sole obligation to notify Ucharger that You do not want to receive calls or text messages by following the instructions in this Section. You waive any rights to bring claims for unauthorized, unsolicited, or undesired calls or text messages by failing to opt-out immediately and in accordance with these opt-out instructions. Please note that if you opt out of automated calls/texts, we reserve the right to make non-automated calls/texts to you. Your obligations under this Section shall survive termination of these Terms.
11. ADDITIONAL TERMS OF USE.
11.1. Safety Check : Before each use of any Portable Charger, You shall conduct a basic safety inspection of the Portable Charger, which includes inspecting the following: (i) proper connection of the cables; (ii) good condition of the frame of the Portable Charger; (iii) any sign of damage, unusual or excessive wear, or maintenance need. You agree not to use the Portable Charger if there are any noticeable issues, and to immediately notify customer service to alert Ucharger of any problems.
11.1.1. If at any time, whether prior to, during, or after using the Portable Charger, You discover any defect or notice any other potentially unsafe condition, no matter how slight, You must not use the Portable Charger, or, if You are already using the Portable Charger, You must immediately stop using it when it is safe to do so.
11.1.2. You agree to immediately report the defect or condition to Ucharger.
11.1.3. If You do not strictly comply with the aforementioned requirements, You shall be totally and completely liable for any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys fees, judgments, suits settlements, and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, and You shall indemnify and hold harmless Ucharger for the same.
11.2. Access License : Subject to Your strict compliance with this Agreement and the Additional Terms, Ucharger grants You a limited, revocable, non-exclusive, non-assignable, non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless Device, or other Internet enabled Device (each, a Device) for Your personal, non-commercial use only. This license does not include any resale or commercial use of the Services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly permitted herein, the Services and/or any portion of the Services may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without Uchargers express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by Us to You. The foregoing limited license: (i) does not give You any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Uchargers sole and absolute discretion, and without advance notice or liability.
11.3. Copyright and Ownership: All of the content featured or displayed on the Services, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (Content), is owned by Ucharger, its licensors, vendors, agents and/or its Content providers. All elements of the Services, including, without limitation, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which such Services is being made available. Except as permitted by copyright law, You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Services. Except as authorized under the copyright laws, You are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services. The Services, its Content and all related rights shall remain the exclusive property of Ucharger or its licensors, vendors, agents, and/or its Content providers unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Services.
11.4. Trademarks/No Endorsement: All trademarks, service marks and trade names of Ucharger used herein (including but not limited to: Ucharger name, Ucharger company logo, the Services name, the Services design, and/or any logos) (collectively Marks) are trademarks or registered trademarks of L Ucharger or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Ucharger trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without Uchargers prior written consent. You shall not use Uchargers name or any language, pictures or symbols which could, in Uchargers judgment, imply Uchargers endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
11.5. Solicited Submission Policy: Where Ucharger has specifically invited or requested submissions or comments, Ucharger encourages You to submit content (e.g., comments to blog posts, participation in communities, tips, etc.) to Ucharger that they have created for consideration in connection with the Site (User Submissions). User Submissions remains the intellectual property of the individual user. By posting content on our Site, You expressly grant Ucharger a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and Your name, voice, and/or likeness as contained in Your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and Ucharger shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
11.6. Inappropriate User Submissions : Ucharger does not encourage, and does not seek, User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that You have not and will not engage in any of the foregoing activities in connection with producing Your User Submission. Without limiting the foregoing, You agree that in conjunction with Your submission, You will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent Your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. Ucharger will reject any User Submissions in which Ucharger believes, in its sole and absolute discretion, that any such activities have occurred. If notified by You of a submission that allegedly violates any provision of this Agreement, Ucharger reserves the right to determine, in its sole and absolute discretion, if such a violation has occurred, and to remove any such submission from the Services at any time and without notice.
11.7. Inappropriate Material : You are prohibited from using the Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that infringes or misappropriates third party intellectual property or could constitute or encourage conduct that would be considered a criminal offense or otherwise violate any law. You further agree that sending or posting unsolicited advertisements or spam on or through the Services is expressly prohibited by this Agreement. In addition to any remedies that We may have at law or in equity, if We determine, in Our sole and absolute discretion, that You have violated or are likely to violate the foregoing prohibitions or any applicable rules or policies linked to in these Agreement, We may take any action We deem necessary to cure or prevent the violation, including, without limitation, banning You from using the Services and/or the immediate removal of the related materials from the Services at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
11.8. Access and Interference: You agree that You will not use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission. Additionally, You agree that You will not: (i) take any action that imposes, or may impose, in Our sole and absolute discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Services; or (iii) bypass any measures We may use to prevent or restrict access to the Services.
11.9. Right to Takedown Content: Except as disclosed in our Privacy Policy, We will not monitor, edit, or disclose the contents of Your e-mail or Content posted to the Services unless required in the course of normal maintenance of the Services and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Ucharger or the Services; (2) protect and defend the rights or property of Ucharger, the Services, or the users of the Services; or (3) act in an emergency to protect the personal safety of our users, the Services, or the public. Users shall remain solely responsible for the content of their messages and Ucharger shall have no obligation to prescreen any such content. However, We shall have the right in Our sole and absolute discretion to edit, refuse to post or remove any material submitted to or posted on the Services at any time without notice. Without limiting the foregoing, We shall have the right to remove any material that We find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Agreement access to the Services or any part thereof.
11.10. User Published Content: User published Content and User Submissions do not represent the views of Ucharger or any individual associated with Ucharger, and We do not control this Content. In no event shall You represent or suggest, directly or indirectly, Uchargers endorsement of user published Content. Ucharger does not vouch for the accuracy or credibility of any user published Content on our Services or User Submissions published through our Services, and do not take any responsibility or assume any liability for any actions You may take as a result of reviewing any such user published Content or User Submission. Through Your use of the Services and Services, You may be exposed to Content that You may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Services, You assume all associated risks.
11.11. Third-Party Links: From time to time, the Services may contain links to websites that are not owned, operated or controlled by Ucharger or its affiliates. All such links are provided solely as a convenience to You. If You use these links, You will leave the Services. Neither We nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither We nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that You may obtain from using any other websites. If You decide to access any other websites linked to or from the Services, You do so entirely at Your own risk.
11.12. Transactional Partners: In some cases, We partner with another company to co-promote their services within our Services. In these cases, You are transacting directly with the other party. On those pages or locations, the transactional partners brand is clearly visible and their Agreement are posted. When using these partner pages, You are bound by the partner Agreement in addition to remaining bound by this Agreement. When there is a conflict between this Agreement and the partners agreement, Our Agreement will prevail.
11.13. Termination: You or We may suspend or terminate Your right to use of the Services at any time, for any reason or for no reason. We may also block Your access to our Services in the event that (a) You breach this Agreement; (b) We are unable to verify or authenticate any information You provide to us; or (c) We believe that Your actions may cause financial loss or legal liability for You, our users or us.
11.14. Representations and Warranties: You represent that You are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and Your use of the Services is and will be in compliance with all applicable laws. You represent that You have read, understood, agree with, and will abide by the terms of this Agreement. In addition, You represent and warrant that Your User Submissions and all elements thereof are (a) owned or controlled solely and exclusively by You, You have prior written permission from the rightful owner of the content included in Your User Submissions, or You are otherwise legally entitled to grant Ucharger all of the rights granted herein; and (b) Uchargers use of Your User Submissions as described or contemplated herein do not and will not infringe on the copyrights, trademark rights, publicity rights or other rights of any person or entity, violate any law, regulation or right of any kind whatsoever, or otherwise give rise to any actionable claim or liability, including, without limitation, rights of publicity and privacy, and defamation. Furthermore, You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them.
11.15. Wireless Features: The Services may offer certain features and services that are available to You via Your 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 wireless Device (collectively, Wireless Features). Standard messaging, data, and other fees may be charged by Your carrier to participate in Wireless Features. Fees and charges may appear on Your wireless bill or be deducted from Your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with Your carrier or wireless Device. You should check with Your carrier to find out what plans are available and how much they cost. Contact Your carrier with questions regarding these issues. You confirm that You are the current subscriber and/or customary user of the mobile number registered with the Services and 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 Services at any time. Your participation in the Services are completely voluntary.
11.15.1. You agree that as to the Wireless Features for which You are registered, We may send communications to Your wireless Device regarding us or other parties. Further, We may collect information related to Your use of the Wireless Features. If You have registered via the Services for Wireless Features, then You agree to notify us of any changes to Your wireless contact information (including phone number) and update Your accounts on the Services to reflect the changes.
11.15.2. You must notify Ucharger immediately of any breach of security or unauthorized use of Your mobile phone. Although Ucharger will not be liable for Your losses caused by any unauthorized use of Your mobile Device, You may be liable for the losses of Ucharger or others due to such unauthorized use.
11.16. Force Majeure: Neither Ucharger nor You shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including, without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of common carriers.
11.17. General: This Agreement and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the State of California, without regard to its conflicts of law provisions. A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. When You communicate with us electronically, such as via e-mail and text message, You consent to receive communications from us electronically. Please note that We are not obligated to respond to inquiries that We receive. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. This Agreement set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted or secure access to our Services, and operation of the Services may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Ucharger in Our sole and absolute discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive this Agreement shall survive any termination or expiration of this Agreement. To the extent permitted by applicable law, You agree to waive, and You hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Except as expressly set forth in this Agreement or any Additional Terms, (i) no failure or delay by You or us in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of this Agreement or any Additional Terms will be effective unless in writing and signed or otherwise authorized by the party against whom the waiver or modification is sought to be enforced. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for Your access to and use of the Services and You will be responsible for all charges related to them. Ucharger controls and operates the Services from its U.S.-based offices in the U.S.A., and Ucharger makes no representation that the Services is appropriate or available for use beyond the U.S.A. If You use the Services from other locations, You are doing so on Your own initiative and are responsible for compliance with applicable local laws regarding Your online conduct and acceptable content, if and to the extent local laws apply. The Services may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Services and/or the provision of any content, program, product, service, or other feature described or available on the Services to any person, entity, geographic area, or jurisdiction, at any time and in Our sole and absolute discretion, and to limit the quantities of any content, program, product, service, or other feature that We provide. You and We disclaim any application to this Agreement of the Convention on Contracts for the International Sale of Goods.
11.18. Digital Millennium Copyright Act (DMCA) Notice: In operating the Services, We may act as a services provider (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that We do not own or control may be transmitted, stored, accessed or otherwise made available using the Services. Ucharger has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Services. Ucharger has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Ucharger or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If You believe any material available via the Services infringe a copyright, You should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is californiahan65@gmail.com.
11.18.1. Please provide the following notice:
11.18.1.1. Identify the copyrighted work or other intellectual property that You claim has been infringed;
11.18.1.2. Identify the material on the Services that You claim is infringing, with enough detail so that We may locate it on the Services;
11.18.1.3. 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;
11.18.1.4. A statement by You declaring under penalty of perjury that (a) the above information in Your notice is accurate, and (b) that You are the owner of the copyright interest involved or that You are authorized to act on behalf of that owner;
11.18.1.5. Your address, telephone number, and email address; and
11.18.1.6. Your physical or electronic signature.
11.18.2. We may give notice to our users of any infringement notice by means of a general notice on any of our Services, electronic mail to a users e-mail address in our records, or by written communication sent by first-class mail to a users physical address in our records. If You receive such an infringement notice, You may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
11.18.2.1. Your physical or electronic signature;
11.18.2.2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
11.18.2.3. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
11.18.2.4. Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be found, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
11.19. Updates to Terms: AS OUR SERVICES EVOLVE, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER SERVICES MAY BE MODIFIED. AS SUCH, YOU EXPRESSLY AGREE TO THE FOLLOWING:
11.19.1. We may cease offering the Services under the terms or Additional Terms for which they were previously offered.
11.19.2. Each time You use the Services You are entering into a new agreement with us on the then applicable terms and conditions.
11.19.3. You agree that we may notify You of any updated terms by posting a link to the then current version of this Agreement on the App, the Services, and/or in any other reasonable manner of notice which we elect.
11.19.4. Your use of the Services after such notice constitutes Your going forward agreement to the revised agreement.
11.19.5. You will review the posted user agreement/terms of service and any applicable Additional Terms prior to Your use of the Services.
11.19.6. You agree that the revised Agreement will be effective as to new use and transactions as of the time that We post them, or such later date as may be specified in them or in any other notice to You.
11.19.7. This Agreement (and any applicable Additional Terms) that applied when You previously used the Services will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed.
11.19.8. In the event any notice to You of new, revised or Additional Terms is determined to be insufficient, the prior agreement between You and Us shall continue until sufficient notice to establish a new agreement occurs.
11.19.9. You should frequently check the App, the home page, and the e-mail You associated with Your account for notices, all of which You agree are reasonable manners of providing You notice.
11.19.10. You can reject any new, revised or Additional Terms by discontinuing use of the Services and related services.
11.20. Additional Assistance: If You do not understand any of the foregoing Agreement or if You have any questions or comments, We invite you to contact Us californiahan65@gmail.com .By signing-up for the Services, You agree that: (i) We may give You notices of important matters by prominently posting notice on the home page of the Services or in another reasonable manner We determine in Our sole and absolute discretion; and (ii) We may contact You and send You communications by postal mail and e-mail at the addresses provided in Your account. These communications may include marketing communications about the Services as well as other promotional offers unrelated to the Services and You consent to receive these communications from us even if You previously indicated to us that You no longer wanted to receive communications from us. Your sign-up to the Services will serve as Your express agreement to receive these marketing and similar communications from us. You may prospectively modify certain types of email communications that You receive from us relating to the Services by following the instructions contained within such emails. Such changes will only impact our email communications to the extent described in the modification process. You agree to promptly notify us if You change Your e-mail or mailing address by updating Your account.
11.21. Copyright Notice: All design, graphics, text selections, arrangements, and all software are Copyright of Ucharger, and its related companies or its licensors. ALL RIGHTS RESERVED.
11.22. Terms Applicable for Apple iOS: If You are accessing or using our Services through a Device manufactured and/or sold by Apple, Inc. (Apple, with such a Device herein referenced as an Apple Device):
11.22.1. To the extent that You are accessing the App through an Apple Device, You acknowledge that this Agreement entered into between You and Ucharger and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below.
11.22.2. Any license(s) granted to You in this Agreement is subject to the permitted Usage Rules set forth in the Apple App Store Terms and Conditions (see: http://www.apple.com/legal/itunes/us/terms.html ) and any third party terms of agreement applicable to the App.
11.22.3. You acknowledge that Ucharger, and not Apple, is responsible for providing the App and Content thereof.
11.22.4. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to You with respect to the App.
11.22.5. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
11.22.6. Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, You acknowledge that, solely as between Apple and Ucharger, Ucharger and not Apple is responsible for addressing any claims You may have relating to the App, or Your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
11.22.7. Further, You agree that if the App, or Your possession and use of the App, infringes on a third partys intellectual property rights, You will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
11.22.8. You acknowledge and agree that Apple, and Apples subsidiaries, are third-party beneficiaries of this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof.
11.22.9. When using the App, You agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the App.
11.22.10. You represent and warrant that: (i) You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist supporting country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
11.23. Google Maps: The map data that We provide to You in our App is based on the current map information available to us which may be provided by a third party such as through the incorporation of the Google Maps API, and may be inaccurate or incomplete. If You utilize map functionality We make available through our App, You acknowledge and agree to be bound by Google, Inc.s Google Maps/Google Earth Additional Terms of Service, available at https://maps.google.com/help/terms_maps.html .
11.24. California Consumer Rights: Residents of California are entitled to the following specific consumer rights information: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov
ACCEPTANCE OF AGREEMENT
I hereby certify that I am at least 18 years old, and that I have read and expressly agree to the terms and conditions set forth above in this Agreement, including specifically, the arbitration and class action waiver provisions.