Effective as of September 18, 2023

Important

THIS IS A LEGAL AGREEMENT BETWEEN EACH END USER (referenced herein as "YOU" or "USER" or with "YOUR") AND EV RANGE, INC. ("Company") THAT APPLIES EACH TIME YOU ACCESS OR USE THE EV RANGE WEB APPLICATION (the “WEB APP”) AND/OR ITS WEBSITE (collectively, the "SITE") (the Site and the Web App collectively, the "SOLUTION"). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT (this "T&C") AS THEY GOVERN YOUR USE OF THE SOLUTION AND ITS FUNCTIONALITY. IF YOU DO NOT AGREE WITH THIS T&C, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SOLUTION OR ANY COMPONENT THEREOF, AND ARE INSTRUCTED TO EXIT THE APP IMMEDIATELY. 

1. Agreement. This T&C provides to You a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use the Solution, conditioned on Your continued compliance with the terms and conditions of agreement. You may print a single print copy or make a single screen shot of the materials and information from the Solution solely for Your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. 

2. Restrictions. Except as expressly provided herein, Company does not grant any other express or implied right to You or any other person. Accordingly, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Solution in any manner not expressly permitted herein. Moreover, You shall not, nor shall You permit any third party or person to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure implemented by Company for use of the Solution. When charging an electric vehicle using a charging station on the Company network (a “Charger”), You agree to follow all applicable product, vehicle, safety, and technical documentation for the Charger and the vehicle. You also agree to use the correct equipment and connector type for the vehicle. Company only permits the use of automaker-manufactured charging adapters on Chargers. Your use of any other adapter is prohibited at Chargers, or on the Company network. You acknowledge and agree that the Chargers are intended for use solely for standard, industry-manufactured automotive land vehicles, and that You are prohibited from using Chargers for any other type of vehicle, or electric transportation. This prohibition includes, without limitation, electric boats, home-built electric vehicles, home-built onboard chargers, and vehicles that contain personally modified chargers, without Company’’s separate express prior written consent. To the maximum extent permitted under applicable law, Company shall have no responsibility to You for any damages or losses resulting from Your failure to comply with the terms of this paragraph, including without limitation any damages to personal property or arising from personal injury. 

3. User Obligations. You represent that You are at least eighteen years of age or the legal age of majority in Your state (whichever is greater) and will, at all times, provide true, accurate, current, and complete information (for which You have all necessary rights, permission(s), or authority) when submitting information through the Solution, including, without limitation, when You provide information via a registration or submission form. In addition, You access the Solution on Your own volition and are responsible for compliance with all applicable laws, rules, and regulations with respect to Your use of the Solution (including use of any permitted copies of the Solution materials and information). If You access the Solution on behalf of any organization, Your organization shall be bound to this T&C and liable for any breach by You. You represent that You have all rights, power, and authority to agree to this T&C on behalf of Your organization. 

4. Communications. Company may permit You to provide certain information, proposals, or materials to Company through the Solution with respect to certain electric charging projects or programs related to automobiles, infrastructure, and other associated matters (each, a “Communication(s)”). You agree You will not upload, post, display, or transmit any Communication(s) if such Communication(s), or any part thereof, or the act of making the Communication(s) would be considered defamatory, abusive, violative of any intellectual property or other property or proprietary rights of any third party, or unlawful in any other way. Company is not responsible for screening, policing, editing, or monitoring Your or another user’s Communication, and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Communication(s). Nevertheless, if You violate this T&C, Company may, in its sole discretion, take whatever action is necessary to protect Company’s legal or equitable rights, or otherwise enforce the terms of this T&C. Moreover, it is a policy of Company to take appropriate actions under applicable intellectual property laws. If You become aware of Communications that violate these rules regarding acceptable behavior or content, You may contact Company as provided herein. 

5. Permission to Use Communication(s). By using the Solution to transmit, provide, distribute, or display a Communication(s), You automatically grant Company and any current or future parents, subsidiaries, as well as any current or future corporations, business entities, trusts, commonly-owned corporations, as well as any other entity owning, owned by, controlling, controlled by or under common control or ownership of an entity (whether legally, beneficially, by agreement or through stock ownership or other equity interest, directly or indirectly) and their permitted successors and assigns, with or without attribution, a royalty-free, perpetual, irrevocable, non-exclusive right and license to itself or any other party to use, act upon, make, have manufactured, sell, offer for sale, import, reproduce, modify, publish, create derivative works from, distribute and display such Communication(s) (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You also acknowledge that such Communications (in the form received or provided by You) are non-confidential for all purposes and that Company owes no obligation of confidentiality, attribution, or approval, and has no control over the extent to which any idea or information may be used by any other party or person. You will receive no compensation for any Communication(s) and hereby waive any right to enforce any intellectual property or proprietary right against Company and its parent, affiliates, and subsidiaries as a result of or on the basis of any use or exploitation of any Communication. 

6. Payments through the Solution. Upon placing an order, You agree to pay using the payment methods indicated and grant authorization to Company and/or the applicable third party payment-processor to charge Your payment methods indicated. Company and/or the applicable third-party payment processor shall charge and You shall be responsible for payment of all taxes, tariffs, levies, or duties applicable to Your payment. All will be denominated in the currency of the United States, and all transactions listed through the Solution are denominated in U.S. dollars. You are responsible for: (a) the accuracy of all credit and debit card information that You provide to us; and (b) maintaining the confidentiality and security of Your account information. You should not disclose Your account information to anyone. If Your account information is lost or stolen, anyone who obtains possession of either could use Your account. You are responsible for all transactions on Your account, including unauthorized transactions. 

7. Charging Pricing. The Site, the Web App, and/or the user interface of the charging station shall display the price and any fees charged during each applicable charging session (the “Charging Pricing”). For charging stations where Charging Pricing is calculated on a per kWh basis, the Charging Pricing is based on the rate of charge Your vehicle communicates to the charging station that it can receive; actual speed of charge may vary during the charging session and may fall below the amount calculated for the Charging Pricing due to factors such as vehicle capacity at start of charging, temperature, battery age, vehicle efficacy, vehicle usage, and power output of the charging station. By using the Solution or any other payment mechanism to purchase time at a charging station, You agree to pay the Charging Pricing disclosed through the Solution or at the charging station. Charging Pricing is set by Charger owners and any refunds, or adjustments are determined by, and at the sole discretion of, the Charger owner.

8. Data Collection, Communications, and Updates. By accessing, or using the Solution, You agree to allow Company to collect (on behalf of itself and its business partners) certain information regarding Your use of the Solution (including, without limitation, certain data regarding Your mobile device (e.g., type of device, unique device ID, etc.), operating software, feature utilization, navigation, and personal information (e.g., name, email, etc.)). In particular, if You elect to use certain location-based features or services, Company may collect Your precise location. You authorize Company to locate Your device and to record, compile, and/or display Your location. Company may use and/or share location information with third parties for purposes of targeting advertising to the device. By creating an account, You agree to receive communications from Company including, but not limited to email, push notifications, and/or text messages. These communications may include charging session notifications and final receipts. These communications are part of Your relationship with Company and You receive them as part of Your use of the Solution. You therefore hereby agree that any such notices, agreements, disclosure or other communications that Company sends to You electronically will satisfy any legal communication requirements. Furthermore, You understand and agree that installation of the App permits the downloading of updates and upgrades for the purpose(s) of fixing product defects or providing enhancements. You will be given notice and an opportunity to accept or refuse any update or upgrade that Company provides. However, Your refusal of an update or upgrade may impact performance of the App. 

9. Privacy Policy. You understand, acknowledge, and agree that the operation of certain areas of the Solution and the creation of an account may require or involve the submission, use, and dissemination of various personally identifiable information including, but not limited to, Your phone number, email address, and mailing address. Please see the EV Range Privacy Policy for a summary of Company's personally identifiable information collection and use practices. Any information submitted by You through the Solution will be pursuant to Company’s aforementioned Privacy Policy (and any related disclosure(s)) and includes a right and license from You to allow Company to use such information in accordance therewith. 

10. Proprietary Rights. All rights, titles, and interests in and to the Solution are owned by Company. The Solution is protected by United States copyright law and international treaty provisions governing proprietary rights, including, without limitation the Berne Convention. This T&C provides only a limited license to access and use the Solution. Accordingly, You expressly acknowledge and agree that Company transfers no ownership or intellectual property right, title, or interest in and to the Solution to You or anyone else. All trademarks, service marks, text, graphics, headers, icons, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML, CSS, XML, and JavaScript code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Solution, unless otherwise indicated, are owned, controlled, and licensed by Company and/or its licensors. In particular, without limitation, the Company logo, the words “EV Range,” all Company product or service names, and Company advertising slogan(s) are trademarks. Nothing contained on the Solution should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Company's trade names, trademarks or service marks without express prior written consent. All rights not expressly licensed hereunder are reserved by Company. 

11. Links to Third Party Content. Company may provide links, in its sole discretion, to other applications, websites, or networks for Your convenience in locating or accessing related information and/or services. These other applications, websites or networks are maintained by third parties over which Company exercises no control. Your correspondence or any other dealings with third parties are solely between You and such third party. Accordingly, Company hereby expressly disclaims and shall not have any liability or responsibility for such applications, websites, or networks, or in connection with any such dealings between You and any third party. 

12. Disclaimer. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SOLUTION WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. THE SOLUTION IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, COMPANY EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD PARTY PROVIDED MATERIALS, PROGRAMS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE SOLUTION, AND YOU AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH DEALINGS BETWEEN YOU AND A THIRD PARTY. 

13. Limitation and Liability. COMPANY SHALL NOT BE RESPONSIBLE FOR ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND COMPANY’S CONTROL. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SOLUTION OR FOR ANY INFORMATION AND MATERIALS AVAILABLE THROUGH THE SOLUTION, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF COMPANY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SOLUTION SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE SOLUTION (DURING THE LAST TWELVE (12) MONTHS) OR TEN U.S. DOLLARS ($10 USD), WHICHEVER IS GREATER. 

14. Indemnification. You agree to indemnify, defend, and hold Company (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including without limitation attorneys’ fees, arising out of or related in any manner to Your breach or alleged breach of this T&C, including, but not limited to, any restrictions in section 2 herein, or for any violation or alleged violation of the rights of any other person or entity. 

15. Governing Law. This T&C has been made in and will be construed and enforced solely in accordance with the laws of the State of California, U.S.A as applied to agreements entered into and completely performed in the State of California. Any dispute will be resolved by arbitration, with the losing party to pay all costs and fees. 

16. Enforcing Security on the Site. Company reserves the right to view, monitor, and record activity on the Solution without notice or permission from You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Solution as well as to disclosure required by or under applicable law or related government agency actions. Company will also comply with all court orders or subpoenas involving requests for such information. 

17. Injunctive Relief. You acknowledge that any breach, threatened or actual, of this T&C, including, without limitation, with respect to unauthorized use of Company proprietary rights or assets, will cause irreparable injury to Company, such injury would not be quantifiable in monetary damages, and Company would not have an adequate remedy at law. You therefore agree that Company shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Your obligations under any provision of this T&C. Accordingly, You hereby waive any requirement that Company post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Company to enforce any provision of this T&C. 

18. Term & Termination. This T&C will take effect (or re-take effect) at the moment You begin accessing, or using the Solution, whichever is earliest. Company reserves the right at any time and on any grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this T&C, to deny Your access to the Solution or to any portion thereof in order to protect its name and goodwill, its business, and/or others, and this T&C will also terminate automatically if You fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice and may impact (and prohibit) submission of any information. You may also terminate this T&C at any time by ceasing to use the Solution, but all applicable provisions of this T&C will survive termination, as identified below, and each re-access or use of the Solution will reapply this T&C (then in effect) to You. Upon termination of this T&C for any reason, You must destroy all copies of any aspect of the Solution in Your possession. The provisions concerning Company’s proprietary rights, Submissions, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this T&C for any reason. 

19. Waiver & Severability. Failure to insist on strict performance of any of the terms and conditions of this T&C will not operate as a waiver of any subsequent default or failure of performance. No waiver by Company of any right under this T&C will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this T&C is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this T&C shall continue in effect. 

20. Contact Information. If You have any questions about the Solution or this T&C, please contact EV Range at:
Address: 403 W. 21st St. San Pedro, CA 90731
Phone: 1-833-387-2643
Email: info@evrange.com 

21. Miscellaneous. No joint venture, partnership, employment, affiliate, or agency relationship exists between You and Company as a result of this T&C or Your utilization of the Solution. This T&C and Company’s Privacy Policy represent the entire agreement between You and Company with respect to use of the Solution, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Company with respect to the Solution. You may not assign, delegate, or transfer any rights under this T&C without the prior written consent of Company. Please note that Company reserves the right to change the terms and conditions of this T&C by posting a revised T&C or mailing and/or e-mailing notice thereof to You. In addition, Company may add, modify, or delete any aspect, program, or feature of the Solution, but Company is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Solution following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this T&C (and acceptance of the version of this T&C then in effect). Accordingly, please review the T&C found at this location on a periodic basis.