EV MOBILITY, LLC TERMS OF SERVICE

These Terms of Service are entered into, and constitute a legally binding agreement by and between you (“you” or “your”) and EV Mobility, LLC (“us” or “our” or “we” or “EV Mobility”).  These Terms of Service, together with the following terms and conditions and any documents they expressly incorporate by reference (collectively the “Terms” or “Terms of Service”) govern your use of (i) the EV Mobility Vehicle Services (as defined herein); (ii) your access to and use of www.evmobility.com, including any content, functionality, and services offered on or through www.evmobility.com (the “Website”), whether as a guest or a registered user; (iii) EV Mobility’s mobile application (the “App”); and (iv) all the text, data, information, software, graphics, photographs and more (the “Materials”; collectively with the EV Mobility Vehicle Services (as defined below), the Website and the App, the “Services”) that EV Mobility and its affiliates may make available to you.  These Terms are subject to change by EV Mobility without prior written notice at any time, in EV Mobility’s sole discretion.  

 

READ THESE TERMS CAREFULLY BEFORE USING ANY OF THE EV MOBILITY VEHICLE SERVICES.  BY CHECKING THE TERMS OF SERVICE BOX AND/OR YOUR USE OF THE SERVICES INDICATES THAT YOU HAVE BOTH READ, UNDERSTAND AND ACCEPT THESE TERMS.  YOU CANNOT USE THE SERVICES IF YOU DO NOT UNDERSTAND AND ACCEPT THESE TERMS.

 

PLEASE BE ADVISED THAT EACH EV MOBILITY VEHICLE IS EQUIPPED WITH GPS THAT MAY, AT VARIOUS TIMES, BE USED TO RECORD ACTIONS AND BEHAVIOR WITHIN THE EV MOBILITY VEHICLE OR IN THE SURROUNDING AREAS OUTSIDE OF THE EV MOBILITY VEHICLES.  YOU SHOULD HAVE NO EXPECTATION OF PRIVACY WHEN YOU ARE INSIDE OR OPERATING THE VEHICLE.

 

1. Acceptance of the Terms of Service.  

 

(a) Please read the Terms of Use carefully before you start to use the Website or App.  By using the Website, or by using the App, or by clicking to accept or agree to the Terms of Service when this option is made available to you in connection with your account registration and/or initial use of the Website or App, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at www.evmobility.com, and incorporated herein by reference.  If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website, the App or use any of the EV Mobility Services. 

 

(b) This Website, the App and the EV Mobility Services are offered and available to users who are (1) at least eighteen (18) years of age or older, (2) have a current valid drivers’ license, and (3) reside in the United States or any of its territories or possessions, If you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Materials (and any copies thereof).  By using the Website, or by using the App, or by clicking to accept or agree to the Terms of Service when this option is made available to you in connection with your account registration and/or initial use of the Website or App, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements as well as the requirements set forth below.   If you do not meet all of these requirements, you must not access or use the Website, the App or the EV Mobility Services.

 

2. Accessing the Website, the App & Account Security

 

(a) EV Mobility invites You to use the Services for individual, consumer purposes, (“Permitted Purposes”).  Subject to these Terms, EV Mobility grants you a limited, personal, non-exclusive and non-transferable license to use the Services.  You have no other rights in the Services and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Services in any manner.  If you make copies of any part of the Services while engaging in Permitted Purposes then EV Mobility asks that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the Services.

 

(b) EV Mobility reserves the right to withdraw or amend this Website, and any service or material EV Mobility provides on the Website, in its sole discretion without notice.   EV Mobility will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, EV Mobility may restrict access to some parts of the Website, or the entire Website, to users, including registered users.  You are responsible for both: (i) making all arrangements necessary for you to have access to the Website; and (ii) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.

(c) To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.  You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy [LINK TO PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

(d) If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

(e) EV Mobility has the right to disable any user name, password, or other identifier, whether chosen by you or provided by EV Mobility, at any time in EV Mobility’s sole discretion for any or no reason, including if, in EV Mobility’s opinion, you have violated any provision of these Terms of Service.

 

3. Account Registration.  In order to use the EV Mobility Vehicle Services, you must successfully register for an EV Mobility account (the “Account”).  To register for an Account, you must submit the following information through the account registration page on the App: 

 

  • A current working email address;

  • First and last name (and middle name if you have one); Driver’s License?

  • Mobile phone number (if you are without one, a home phone number);

  • Your preferred password;

  • A photograph of your face (taking in accordance with the requirements set forth in the App);

  • A photograph of your valid current United States driver’s license (front and back), or international driver’s license (from and back) with the express approval of EV Mobility in its sole discretion, (“Driver’s License”);

  • Photo of a valid credit card or debit card (with at least $100 of funds in the account linked to the debit card).

 

(a) Before you can use the EV Mobility Vehicle Services, you will also be asked (i) to verify your Account by entering a code sent to your mobile phone number and (ii) to add Location details and, if applicable, enter a code for the Location.  Additionally, depending on your plan, you may be requested to pay an Application Fee as described in “Subscriptions and Fees” below. You may also provide additional, optional information so that we can provide you a more customized experience when using the Services.  Once you submit the required registration information, we alone will determine whether or not to approve your proposed account and may deny your application and / or your use of the Services (“Membership”) in EV Mobility’s sole and absolute discretion.  If approved, you will be notified to complete your registration.  For so long as you use the Account, you agree to provide, and when necessary to update your account with, true, accurate, current, and complete information which can be accomplished by logging into your Account and updating the information.  If you forget your password, we will send a password update to your provided email address upon request.

 

(b) You are responsible for complying with these Terms when you access the Services, whether directly or through any Account.  Because it is your Account, it is your responsibility to obtain and maintain all equipment and services needed for access to and use of the Services as well as paying related charges.  It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access the Services.  You agree to keep your password and your Account login details safe and secure and you are prohibited from providing those details to anyone else.  Should you believe your password or security information for access to the Services has been breached in any way, you must immediately notify us.

 

4. Usage Fees & Other Costs

 

(a) To use the EV Mobility Vehicle Services, you must (i) complete the account registration process set forth above; and (ii) pay fees that accrue based on the amount of time that you use the EV Mobility Vehicles (“Usage Fees”; collectively with any other fees that may apply, such as Application Fee and Subscription Fees, the “Fees”).  Each Membership and the rights and privileges thereof are personal and non-transferable.  EV Mobility reserves the right to penalize you, which may include termination of your membership and / or monetary penalties, if you are found to have shared your membership credentials, including your property code (if applicable) and personal login details, with any third party.  You, likewise, may not allow anyone to drive an EV Mobility Vehicle using your account.  All sales and payments of Fees will be in U.S. Dollars.  All Fees are non-refundable under any circumstances.

 

(b) You may pay the Fees only with a valid debit card, credit card (Visa, MasterCard, American Express, and Discover) or such other payment options as EV Mobility may permit in its sole and absolute discretion (collectively “Payment Card”).  EV Mobility will charge your Payment Card for the Fees that come due.  If the credit card information you have provided is incorrect or incomplete or if we are unable to complete the transaction due to your error or omission, we may attempt to contact you and inform you of the problem; however, failure to provide accurate and complete payment or billing information may result in the delay or cancellation of your membership.  If you fail to pay appropriate Fees as they come due, your Subscription will be cancelled and you will not receive the benefits of the Membership, including access to the EV Mobility Vehicles.  You may also accrue late charges or penalties as set forth below.

 

(c) You agree to pay all applicable fees and charges related to your use of the EV Mobility Vehicle Services provided for you which are described fully here including any Usage Fees.   You also agree to allow EV Mobility to charge your Payment Card for any damage that you caused to the EV Mobility Vehicle as well as any Fines (as defined herein) that you received during your use of the EV Mobility Vehicle Services.  By providing a Payment Card, you expressly authorize EV Mobility to charge the applicable fees, charges and expenses on said Payment Card as well as taxes and other charges incurred, all of which depend on your particular pricing plan.  You agree to pay for all EV Mobility Vehicle Services used by you and you agree that EV Mobility may charge your Payment Card for all such EV Mobility Vehicle Services.

 

(d) EV Mobility will only provide refunds in its sole and absolute discretion.  You agree that EV Mobility may charge any unpaid fees, charges and expenses to the Payment Card you provided and/or send you a bill for such unpaid fees.

 

(e) Misconduct and Penalties.  The following details various acts and forms of misconduct that are prohibited and the corresponding penalty that we may charge your account should we determine, in our sole and absolute discretion, that you have engaged in such misconduct:

 

Misconduct / Penalty



(f) Unauthorized Driver Fee.  In the event that you allow an unauthorized driver to operate an EV Mobility Vehicle during any reservation period for which you are responsible, you will be charged an “unauthorized driver fee” of $500.00 at EV Mobility’s sole discretion plus any additional costs for repair and/or damages resulting from the breach of this Agreement.  Payment of the unauthorized driver fee does not imply EV Mobility’s Membership or insurance coverage for the unauthorized driver.  An unauthorized driver shall mean any driver that is operating a vehicle under another user’s account, false credentials, false username and/or false legal name, and/or with an invalid or expired driver’s license.

 

(g) Towing Fees and Out-of-Bounds Returns.  If you park, abandon, or leave an EV Mobility Vehicle without any battery charge or outside of our service area, thus requiring EV Mobility to intervene on your behalf, you will be charged for the cost of towing the EV Mobility Vehicle and any other costs associated with EV Mobility’s intervention. Such towing and return fees may be applied if the EV Mobility Vehicle is returned at the incorrect parking space within a garage or lot, a parking card is lost or a garage ticket improperly pulled, lights are left on resulting in a dead battery, or any other instance where a Member returns an EV Mobility Vehicle negligently or improperly.”

 

5. EV Mobility’s Services; EV Mobility Vehicles.  

 

(a) EV Mobility is a mobility service company that allows public and private property operators to provide a car sharing platform offering access to on-demand vehicles, and electric vehicle charging, operated and maintained by EV Mobility (the “EV Mobility Vehicles”) that are located on-site at the property or in other designated areas (the “Location”) for personal use by the Location’s community members through EV Mobility’s smartphone App (collectively, the “EV Mobility Vehicle Services”).

 

(b) EV MOBILITY MAY DENY YOUR USE OF THE SERVICES, OR REVOKE YOUR MEMBERSHIP OR ANY OF THE LICENSES GRANTED HEREIN AT ANYTIME WITH OUR WITHOUT NOTICE, IN EV MOBILITY’S SOLE AND ABSOLUTE DISCRETION.  YOU AGREE TO ALLOW EV MOBILITY TO CHARGE YOUR PAYMENT CARD FOR ANY DAMAGE THAT YOU CAUSED TO THE EV MOBILITY VEHICLE, ANY PENALTIES SET FORTH BELOW, AS WELL AS ANY FINES OR TICKETS THAT YOU RECEIVED DURING YOUR USE OF THE EV MOBILITY VEHICLE SERVICES.  NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO THE RESOLUTION OF DISPUTES YOU MAY HAVE WITH THE COMPANY.  YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

 

6. Changes to these Terms of Service, the Website and the EV Mobility Services.

 

(a) EV Mobility may also change, update, add or remove provisions (collectively, “Modifications”) of these Terms of Service from time to time in its sole discretion.  EV Mobility may also alter the Services it offers you and/or choose to modify, suspend or discontinue the Services at any time and with or without notifying you.  EV Mobility will inform you of any Modifications to these Terms by sending you notification via email or text message, or posting them on the Website and App and if you have registered with EV Mobility, by presenting you with the Modifications to the Terms when you log into your EV Mobility Account (as defined herein).  Unless expressly stated otherwise, all Modifications are effective immediately when EV Mobility posts them, and apply to all access to and use of the Website, the App and the EV Mobility Services thereafter.  

 

(b) If you object to any such Modifications, your sole recourse shall be to cease using the Website, App and / or the Services.  Continued use of the Website, App and / or Services following notice of any such Modifications indicates that you acknowledge and agree to be bound by the Modifications.  Also, these Term of Service may be superseded by expressly-designated legal notices or terms located on particular pages of the Website or App.  These expressly-designated legal notices or terms are incorporated into these Terms of Service and supersede the provision(s) of these Terms of Service that are designated as being superseded.

 

(c) Your continued use of the Website, the App and / or the EV Mobility Services following the posting of revised Terms of Service means that you accept and agree to the changes.  You are expected to check this page each time you access this Website or the App so you are aware of any changes, as they are binding on you.

 

(d) EV Mobility may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date.  Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

 

7. EV Mobility Vehicle Rules.  When using the EV Mobility Vehicle Services, you agree to follow the following EV Mobility Vehicle Rules (the “EV Mobility Vehicle Rules”) set forth below.  When using the EV Mobility Vehicle Services, you agree to the following:

 

  • You will use and operate the EV Mobility Vehicle in a safe manner in compliance with all laws and regulations and in compliance with these Terms.

 

  • You will maintain a valid United States driver’s license, or international drivers’ license, at all times while using the EV Mobility Vehicle Services.

 

  • You will not permit anyone else to drive or operate the EV Mobility Vehicle that is reserved through your Account and you will be financially responsible if anyone else uses such EV Mobility Vehicle.

 

  • You will not drive the EV Mobility Vehicle outside of the United States.  You will only drive the EV Mobility Vehicle within the state in which the Location where you pick up the EV Mobility Vehicle is located.

 

  • You will return the EV Mobility Vehicle to the Location where you picked up the EV Mobility Vehicle.

 

  • You will not park any vehicles that are not EV Mobility Vehicles in any parking space at the Location that is designated for EV Mobility Vehicles only.

 

  • You will only park the EV Mobility Vehicle in legal parking spaces and you will be responsible for any fees and costs should the EV Mobility Vehicle get towed away.

 

  • You will be responsible for any Violation that you may receive while using the EV Mobility Vehicle Services or as a result of unlawfully parking the EV Mobility Vehicle.

 

  • You will return the EV Mobility Vehicle to a parking space that has been specifically designated for the EV Mobility Vehicle and plug the EV Mobility Vehicle into a charging station at the Location, if applicable, when you return the EV Mobility Vehicle.

 

  • To the extent permitted by applicable law, the EV Mobility Vehicle maintains an active wireless connection to EV Mobility’s systems. You consent to this connection, and, for any and all lawful purposes, to EV Mobility’s collection, use, and sharing of data describing the EV Mobility Vehicle and how you are operating the EV Mobility Vehicle, including data describing EV Mobility Vehicle location, and heading, as described in EV Mobility’s Privacy Policy; You consent to EV Mobility’s access of the EV Mobility Vehicle software and data in order to issue updates to the software and data.

 

  • You are responsible for any loss of or damage to the EV Mobility Vehicle during your reservation that are caused by you or your passengers up to full cost of damages or loss if you have driven recklessly or have not followed these Terms.

 

8. Unauthorized Activities; Prohibited Uses.

 

(a) EV Mobility authorizes your use of the Services for the Permitted Purposes only.   Any other use of the Services beyond the Permitted Purposes (the “Unauthorized Activities”) is prohibited and, therefore, constitutes unauthorized use of the Services.   This is because as between You and Us, all rights in and to the Services remain Our property.

 

You may use the Website, the App and the EV Mobility Services only for lawful purposes and in accordance with these Terms of Service.  Unauthorized use of the Services may result in violation of various United States and international laws, including copyright laws, and liability to EV Mobility.  So, unless you have written permission from EV Mobility stating otherwise, you are only authorized to use the Services for the Permitted Purposes and not authorized to use the Services in any other manner, including without limitation any of the following ways (the items below are examples for illustration purposes only and not an exhaustive list of unauthorized purposes):

 

  • Falsely claim an identity other than your own identity, impersonate any person, or otherwise misrepresent yourself or use a fake identification document.

 

  • For any public or commercial purpose which includes use of the Services on another site or through a networked computer environment.

 

  • In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Services.

 

  • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law.

 

  • To stalk, harass, or harm another individual.

 

  • To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.

 

  • To interfere with or disrupt the Services or servers or networks connected to the Services.

 

  • To use any data mining, robots, or similar data gathering or extraction methods in connection with the Services.

 

  • Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means.

 

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries.

 

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

 

  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

 

  • To impersonate or attempt to impersonate EV Mobility, an EV Mobility employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing.

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or App, or which, as determined by us, may harm EV Mobility or users of the Website, or expose them to liability.

 

  • Additionally, you agree not to:

 

  • Use the Website and / or the App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website or the App, including their ability to engage in real time activities through the Website or the App.

 

  • Use any robot, spider, or other automatic device, process, or means to access the Website or the App for any purpose, including monitoring or copying any of the material on the Website or the App.

 

  • Use any manual process to monitor or copy any of the material on the Website or the App, or for any other purpose not expressly authorized in these Terms of Service, without EV Mobility’s prior written consent.

 

  • Use any device, software, or routine that interferes with the proper working of the Website or App.

 

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

 

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website or App is stored, or any server, computer, or database connected to the Website or the App.

 

  • Attack the Website or App via a denial-of-service attack or a distributed denial-of-service attack.

 

  • Otherwise attempt to interfere with the proper working of the Website or the App.

 

9. In The Event Of An Accident Involving an EV Mobility Vehicle.  In the event of an accident or other incident involving a Vehicle, you must follow the incident procedures outlined below, and provide EV Mobility and its agents with a copy of any reasonably requested information relating to the incident, the allocation of fault or liability, and costs and expenses associated with the incident, including any applicable insurance coverage.

 

(a) Member’s Damage Responsibility.  As permitted by law, you are responsible for any loss of or damage to the Vehicle resulting from any cause (“Member’s Damage Responsibility”) including but not limited to collision, rollover, theft, vandalism, seizure, fire, flood, hail, or other acts of nature or God regardless of fault.  Damages include our estimated repair cost, or if, in our sole discretion, we determine to sell the Vehicle in its damaged condition, you will pay the difference between the Vehicle’s retail fair market value before it was damaged and the sales proceeds.  Where permitted by law, you authorize us to charge you for the actual cost of repair or replacement of lost or damaged items such as glass, mirrors, and antenna, as part of the rental charges upon return.  If the Vehicle is stolen and not recovered you will pay us the Vehicle’s fair market value before it was stolen.  As part of our loss, you will also pay for loss of the Vehicle, without regard to our fleet utilization, plus an administrative fee for processing the claim, costs associated with the recovery of the Vehicle, plus towing and storage charges, if any.  You are not responsible for normal wear and tear on the Vehicle.  Before each reservation please check the car inside and out and report any damage via the EV Mobility application.

 

(b) Authorization to Recover.  EV Mobility may recover Member’s Damage Responsibility by charging the payment method that you have in place with EV Mobility or through other collection methods available to EV Mobility and, for rentals commencing in New York, to the extent the cost of damage and liability have been agreed upon between you and EV Mobility. You hereby authorize EV Mobility to collect these amounts by charging the debit or credit card that you have on file with EV Mobility.  In the event that you are involved in an accident while using the EV Mobility Vehicle Services, You will comply with the following procedure:

 

  1. Immediately move to a location that is a safe distance from the EV Mobility Vehicle taking into consideration ongoing traffic and any noticeable damage to the vehicle.

 

  1. Once you have moved a safe distance from any danger, call 911 from your mobile device or the nearest available telephone and await the arrival of emergency personnel.  Cooperate fully with emergency personnel once they arrive.

 

  1. Collect all information regarding any others involved in the accident, including their name, phone number and contact information if they have insurance.

 

  1. Call the EV Mobility customer assistance number through the app’s air call feature or at 310-497-6957  and provide EV Mobility with a full explanation regarding the incident, any police or accident reports, and the information collected from other individuals involved.

 

  1. Report all claims to us via one of the following methods:

 

  1. E-mail: To report a claim by email, send a claim report to Confirmation and claim number will be sent within 24-hours. (Please type “New Loss” in the subject line)

 

  1. Phone: To report a claim by phone call (310-497-6957. Confirmation and claim number will be given via claims specialist immediately.

 

  1. Postal Mail: To report a claim by postal mail, mail your claim form to the address below. Confirmation and claim number will be sent via postal mail upon receipt and processing of claim.

 

EV Mobility, LLC

433 North Camden Drive

Beverly Hills, California, 90210

 

If you have any questions or require additional information, please contact the claims team at 310-497-6957.

 

  1. Fully cooperate with EV Mobility’s investigation into the accident and participate in such follow up calls and meetings as shall be required to fully resolve the meeting. 

 

10. The Smartphone App.  To use the App you must have a mobile device that is compatible with the mobile service.  EV Mobility does not warrant that the App will be compatible with your mobile device.  EV Mobility hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the App for one (1) registered Account (as defined herein) on one (1) mobile device owned or leased solely by you, for your personal use.  You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party or use the App to provide time sharing or similar services for any third-party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App.  You acknowledge that EV Mobility may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device.  You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades.  The foregoing license grant is not a sale of the App or any copy thereof, and EV Mobility and its third-party licensors or suppliers retain all right, title, and interest in and to the App (and any copy of the App).  Standard carrier data charges may apply to your use of the App.

 

(a) iOS App.  The following additional terms and conditions apply with respect to any App that EV Mobility provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):

 

  • You acknowledge that these Terms are between you and EV Mobility only, and not with Apple, Inc. (“Apple”).

 

  • Your use of EV Mobility’s iOS App must comply with Apple’s then-current App Store Terms of Service.

 

  • EV Mobility, and not Apple, is solely responsible for EV Mobility’s iOS App and the Services and Content available thereon.  You acknowledge that Apple has no obligation to provide maintenance and support services with respect to this iOS App.  To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the EV Mobility iOS App.

 

  • You agree that EV Mobility, and not Apple, is responsible for addressing any claims by you or any third-party relating to EV Mobility’s iOS App or your possession and/or use of EV Mobility’s iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to EV Mobility as provider of the iOS App.

 

  • You agree that EV Mobility, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the EV Mobility iOS App or your possession and use of the EV Mobility iOS App.

 

  • 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.

 

  • You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).

 

  • The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the EV Mobility iOS App.  Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.

 

(b) Android App.  The following additional terms and conditions apply with respect to any App that EV Mobility provides to you designed for use on an Android-powered mobile device (an “Android App”):

 

  • You acknowledge that these Terms are between you and EV Mobility only, and not with Google, Inc. (“Google”).

 

  • Your use of the EV Mobility Android App must comply with Google’s then-current Android Market Terms of Service.

 

  • Google is only a provider of the Android Market where you obtained the Android App.  EV Mobility, and not Google, are solely responsible for the EV Mobility Android App and the Services and Content available thereon.  Google has no obligation or liability to you with respect to the EV Mobility Android App or these Terms.

 

  • You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to the EV Mobility Android App.

 

11. Geo-Location Terms.  The Services include and make use of certain functionality and services provided by third-parties that allow EV Mobility to include maps, geocoding, places and other Content from Google, Inc. (“Google”) as part of the Services (the “Geo-Location Services”).  Your use of the Geo-Location Services is subject to Google’s then current Terms of Service for Google Maps/Google Earth (and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Service.

 

12. Intellectual Property Rights.

 

(a) The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by EV Mobility, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

(b) These Terms of Service permit you to use the Website for your personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

(i) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

(ii) You may store files that are automatically cached by your Web browser for display enhancement purposes.

(iii) You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

(iv) If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

(v) If we provide social media features [LINK TO THE WEBSITE AND SOCIAL MEDIA FEATURES] with certain content, you may take such actions as are enabled by such features.

(b) Furthermore, you agree to not: (i) modify copies of any materials from the Website; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website; or (iv) access or use for any commercial purposes any part of the Website or any Services or materials available through the Website.

 

(c) If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.  Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

 

(d) EV Mobility’s name, the EV Mobility logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors.  You must not use such marks without the prior written permission of the Company.  All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

 

(e) “EV Mobility Technologies” is a trademark that belongs to EV Mobility.  Other trademarks, names and logos on the Services are the property of their respective owners.

 

(f) Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Services is EV Mobility’s sole property, Copyright © 2021.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

 

13. Aggregated Statistics.  EV Mobility may collect and use information in an aggregate and anonymous manner about the use of the Services (collectively, “Service Information”), including to compile statistical and performance information related to the provision and operation of the Services (“Aggregated Statistics”).  As between you and EV Mobiity, all right, title and interest in the Aggregated Statistics and all intellectual property rights therein, belong to and are retained solely by EV Mobility.  You acknowledge that EV Mobility will be compiling Aggregated Statistics based on Service Information, and you agree that EV Mobility may (a) make such Aggregated Statistics publicly available, and (b) use such information to the extent and in the manner required by applicable law or regulation and for purposes of data gathering, analysis, service enhancement and marketing, provided that such data and information does not identify you.  Additionally, EV Mobility may, in its sole discretion, sell the Aggregated Statistics.

 

14. Privacy Policy.  We respect the information that you provide to EV Mobility and want to be sure you fully understand exactly how EV Mobility uses that information.  Please review EV Mobility’s Privacy Policy (“Privacy Policy”) which explains everything.

 

When utilizing EV Mobility vehicle services, you are responsible for covering any traffic tickets, fines, fees, citations, penalties, violations, tolls, and charges associated with Tesla Supercharging that you may incur during your usage (collectively referred to as "Fines" and "Supercharge Charges"). EV Mobility reserves the right to share your personal information with a third-party fine payment service, TIKD Services LLC ("TIKD"), for the sole purpose of resolving outstanding Fines and Supercharge Charges. TIKD may subsequently bill you for the Fine and Supercharge Charge amounts they have paid on your behalf. By accepting these terms, you agree that it is your responsibility to address and cover any Fines and Supercharge Charges that may arise while using the service. Feel free to review the TIKD Terms of Service for further information.

 

Background & Other Consumer Reports

 

By using the EV Mobility Vehicle Services, you hereby acknowledge and agree that EV Mobility has the right, but not the obligation, to use a third-party consumer reporting agency and other third party service providers to run periodic background, department of motor vehicles driving record and history and other consumer reports (collectively, “Reports”) on you in connection with your use of the Services.

 

You understand and agree that EV Mobility may utilize the information from these Reports to approve your Membership, assess your qualifications to use the Services, and that EV Mobility retains the right to deny your Membership or terminate your Account based on the information in these Reports.  You hereby represent, understand and expressly agree that EV Mobility does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these Reports.  BY AGREEING TO THESE TERMS AND USING THE EV MOBILITY VEHICLE SERVICES, YOU AGREE TO ALLOW EV MOBILITY TO OBTAIN, REVIEW, AND CONSIDER THESE REPORTS.

 

Eligibility

 

If you use the EV Mobility Vehicle Services, you represent and warrant that you are eligible to use the EV Mobility Vehicle Services by meeting the following eligibility requirements:  

 

  • You possess (a) a valid driver’s license, or (b) proof of a foreign driver’s license sufficient to lawfully enable you to operate a motor vehicle in the Location where you are driving the EV Mobility Vehicle.

 

  • You must be either (i) at least twenty-one (21) years of age; (ii) if the Location you are using the EV Mobility Vehicle Services at is a university, then at least eighteen (18) years of age; or (iii) if you are using the EV Mobility Vehicle Services in Sacramento, then at least eighteen (18) years of age.

 

  • You have not been convicted in the last five (5) years of any of the following motor vehicle violations:

 

  • Driving while driver’s license is restricted (except for corrective lens), suspended, revoked or denied;

  • Vehicular manslaughter, negligent homicide, felonious driving or felony with a vehicle;

 

  • Operating a vehicle while impaired, under the influence of alcohol or illegal drugs, or refusing a sobriety test;

 

  • Failure to stop or identify after a crash (includes leaving the scene of a crash; hit and run; giving false information to an officer);

 

  • Eluding or attempting to elude a law enforcement officer;

 

  • Traffic violations resulting in death or serious injury; or

 

  • Any other significant violation warranting restriction or suspension of license.

 

  • Additionally, if you are between the ages of eighteen (18) and twenty-one (21), you have not been convicted in the past one (1) year of any moving violation or any of the forgoing motor vehicle violations listed under the previous bullet point.

 

  • You are otherwise eligible under and will comply with all applicable laws and regulations, including any export controls, economic sanctions, or other related laws and regulations, in relation to your use of the Services.

 

  • You consent to and authorize EV Mobility and its affiliates, to the extent permitted by applicable law, to perform or have performed a background check of you and of your driving history and/or driving record as described in “Background and Other Consumer Reports” section above.

 

Furthermore, in order to be eligible to use the EV Mobility Vehicle Services, you agree to the following:

 

  • You will immediately notify EV Mobiity by e-mail at info@evmobility.com  in the event your driver’s license expires or is in any way modified, suspended, restricted, confiscated, lost, or revoked or if you otherwise no longer meet an eligibility requirements.

 

  • You understand and agree that, in the event EV Mobility receives any notification by a government entity (such as police or prosecutors) of traffic rule violations allegedly committed with an EV Mobility Vehicle, EV Mobility will be entitled to provide complete and accurate data (full name, date of birth, address) of the driver, including you, who operated the EV Mobility Vehicle at the time of the alleged traffic rule violation to the respective prosecution authority.

 

  • EV Mobility reserves the right to suspend or remove your use of the EV Mobility Vehicle Services for any reason in EV Mobility’s sole and absolute discretion, including but not limited to EV Mobility’s discovery of your non-compliance with the foregoing eligibility requirements or your violation any other rule or provision set forth herein.

 

Termination for Cause

 

We may terminate your Membership and these Terms with immediate effect by giving you a written notice: (a) where a Fine becomes payable in any of the circumstances set out in these Terms; or (b) if you do not pay any Fees due to EV Mobility within thirty (30) days of receipt of a formal notice sent to you by EV Mobility informing you that such Fees are outstanding.  EV Mobility may send this notice via email, by text message or by an alert in your Member Account.  Any termination under this section does not affect EV Mobility’s right to charge the late payment interest on any outstanding amounts; or (c) if you materially breach any term or condition in these Terms.  However, where it is possible for you to remedy the breach, EV Mobility will give you a notice of this and allow you at least seven (7) days to remedy the issue before exercising its right to terminate; or (d) if you are involved in an accident involving an EV Mobility Vehicle that leads EV Mobility, in its sole discretion, to conclude that you are not suitable for continuing Membership or use; or (e) if you engage in any activity or conduct that EV Mobility, in its reasonable opinion, determine to be inappropriate, negligent, unacceptable, offensive or abusive; or (f) if you cease to fulfil any of the requirements for eligibility; or (g) if you intentionally or recklessly make any false or misleading statement to EV Mobility; or (h) if you permit any other person (other than an EV Mobility representative) to drive an EV Mobility Vehicle during your session, or disclose or share your login information to allow a third party non-member to use the EV Mobility Vehicle Services.

 

EV Mobility may also, in its sole discretion, terminate or suspend your Membership or access to the EV Mobility Vehicle, and your future use of any EV Mobility Vehicle Services may be denied.  If EV Mobility suspends or terminates your Membership for cause, EV Mobility will not reimburse any funds to you.  Following such suspension or termination, you will remain responsible for unpaid Fees, Fines and other amounts due under these Terms, as well as outstanding amounts arising from any other obligation that these Terms impose on you.  In addition, EV Mobility may, at any time, determine in its sole and absolute discretion that in addition to termination of a current Membership, Subscription or usage, your future use of any EV Mobility Service may be denied.

 

15. Disclaimers.

Manufacturer's Warranty and Disclaimers.  We do not manufacture the EV Mobility Vehicles available for use in connection with the Services including the Services offered through the App.  The availability of Services through our Site / App does not indicate an affiliation with or endorsement of any product, service or manufacturer, including the manufacturer of the Vehicles.  Accordingly, we do not provide any warranties with respect to the Vehicles.  

ALL SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.  SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.  

THE SERVICES AND THE EV MOBILITY VEHICLES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES IS WITH YOU.

 

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SERVICES, WHICH INCLUDES BUT ARE NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

 

THIS MEANS THAT EV MOBILITY DOES NOT PROMISE YOU THAT THE WEBSITE OR APP ARE FREE OF PROBLEMS.  Without limiting the generality of the foregoing, EV Mobility makes no warranty that the Services will meet your requirements or that the Services will be uninterrupted, timely, secure, or error free or that defects in the Services will be corrected.  EV Mobility makes no warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services.  No advice or information, whether oral or written, obtained by you through the Services or from EV Mobility or its subsidiaries/other affiliated companies shall create any warranty.  EV Mobility disclaims all equitable indemnities.

 

16. Limitation of Liability.

 

EV MOBILITY, WESTGATE LAS VEGAS RESORT & CASINO OR ANY OTHER PROPERTIES (COLECTIVELY “EV MOBILITY”) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SERVICES, THE LOCATION AND ITS CONDITIONS AND PERSONAL AND THE EV MOBILITY VEHICLE, INCLUDING ANY DEATH, INJURY OR DAMAGE THAT MAY RESULT THEREFROM.  EV MOBILITY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICES.  EV MOBILITY IS NOT LIABLE FOR ANY AND ALL LOSSES INCURRED OR SUSTAINED BY, OR IMPOSED UPON, EV MOBILITY BASED UPON, ARISING OUT OF, WITH RESPECT TO, OR BY REASON OF YOUR CRIMINAL, WILLFUL, OR NEGLIGENT ACTION OR OMISSION IN THE OPERATION OF AN EV MOBILITY VEHICLE OR IN CONNECTION WITH THE EV MOBILITY VEHICLE SERVICES.  EV MOBILITY IS NOT LIABLE FOR ANY PERSON’S LOST, STOLEN, OR DAMAGED PROPERTY IN AND FROM AN EV MOBILITY VEHICLE.  THIS SECTION WILL SURVIVE TERMINATION OF THIS AGREEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EV MOBILITY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF EV MOBILITY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.  IN NO EVENT WILL EV MOBILITY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR EV MOBILITY’S SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM, OR, IF YOU HAVE NOT PAID EV MOBILITY FOR THE USE OF THE EV MOBILITY SERVICES DURING SUCH PERIOD, THE AMOUNT OF $50.00.  THIS SECTION WILL SURVIVE TERMINATION OF THIS AGREEMENT.

 

Limitation of Liability. [WE HAVE BEEN GIVEN ASSURANCES OF PRODUCT SALABILITY, MERCHANTIBILITY, AND COMPLIANCE FROM THE MANUFACTURERS.] IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES[, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE], ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY [, FOR ANY REASON,] AND YOUR SOLE AND EXCLUSIVE REMEDY [FOR ANY CAUSE WHATSOEVER,] SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE. 

The limitation of liability set forth above shall [: (i) only apply to the extent permitted by law and] (ii)]/ [not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

 

17. Insurance & Liability.  

 

(a) EV Mobility will maintain insurance coverage in the amount of the applicable state motor vehicle minimum financial responsibility requirements.  However, insurance laws may vary from state to state, and EV Mobility recommends that you consult with your insurance agent before using the EV Mobility Vehicle Services.  You are encouraged to obtain personal insurance coverage that covers your liabilities before using the EV Mobility Vehicle Services.  You should review any insurance documents you have prior to use of the EV Mobility Vehicle Services as EV Mobility has only minimum financial responsibility.

 

PLEASE BE ADVISED THAT THE MINIMUM COVERAGE THAT EV MOBILITY PROVIDES STILL REQUIRES THAT YOU PAY A DEDUCTIBLE OF TWO THOUSAND FIVE HUNDRED UNITED STATES DOLLARS ($2,500.00) BEFORE THE INSURER WILL PROVIDE ANY COVERAGE UNDER THE POLICY.

 

(b) You will report the occurrence of any accident, damage or loss, including theft, of an EV Mobility Vehicle while in your use or possession to EV Mobility and to the local law enforcement agency as soon as you become aware of such incident; however, at minimum you will report any such incident to EV Mobility or the police no later than twelve (12) hours after learning of such incident.  As part of such report, you will provide a written description of the incident and the insurance information of the other parties involved, if applicable.  You will promptly provide a copy of such report to EV Mobility.  You will make a reasonable effort to obtain evidence from any witnesses to the incident, if applicable.

 

(c) You agree to fully cooperate in any investigation by law enforcement or that EV Mobility may choose to conduct if an EV Mobility Vehicle is damaged in any way.  You, as appropriate, will immediately send each request, demand, order, notice, summons or other pleading you receive in connection with any incident involving an EV Mobility Vehicle to EV Mobility.  You will assume any obligation, make or commit to make any payment or incur any expense on EV Mobility’s behalf without EV Mobility’s prior written consent.

 

(d) To the extent permitted by applicable law, EV Mobility reserves the right to hold you fully responsible for all damage, loss, claims and liability arising from your use or possession of an EV Mobility Vehicle, including, but not limited to: (a) physical or mechanical damage to the EV Mobility Vehicles whether or not you are at fault, (b) loss due to theft, (c) physical damage resulting from vandalism, (d) bodily injury of you, your passenger or a third party, (e) third party claims, (f) actual charges for towing, storage and impound fees paid by EV Mobility, (g) administrative charges including the cost of appraisal and other costs and expenses incident to the damage or loss, (h) if applicable, any diminished value to the EV Mobility Vehicle; and (i) all mechanical damage to the EV Mobility Vehicle related to an accident or your abuse or neglect of the EV Mobility Vehicle.  You are responsibility for such damage or loss will include: (a) the lesser of: (i) the actual and reasonable costs that EV Mobility incurs to repair the EV Mobility Vehicle or that EV Mobility would incur if EV Mobility chose to repair the EV Mobility Vehicle, or (ii) the fair market value of the EV Mobility Vehicle immediately before the damage occurred less any net disposal proceeds; and (b) EV Mobility’s actual charges for towing, storage, and impound.

 

18. Indemnification.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL DEFEND, INDEMNIFY, HOLD HARMLESS AND REIMBURSE EV MOBILITY, WESTGATE LAS VEGAS RESORT & CASINO OR ANY OTHER PROPERTIES (COLECTIVELY “EV MOBILITY”) AND ITS MANAGERS, MEMBERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS FROM AND FOR ALL DAMAGES, LOSSES, COSTS OR EXPENSES, INCLUDING ATTORNEYS’ FEES, INCURRED BY ANY OF SUCH PARTIES OR PAID BY ANY OF THEM TO ANY PERSON IN RESPECT TO ANY CLAIM OR LIABILITY ARISING FROM (I) YOUR VIOLATION OF THESE TERMS; (II) YOU PROVIDING US WITH FALSE, INACCURATE OR INCOMPLETE INFORMATION WHEN YOU CREATE AN ACCOUNT; (III) ANY DAMAGE TO OR CAUSED BY YOUR USE OF AN EV MOBILITY VEHICLE WHILE THE EV MOBILITY VEHICLE IS CHECKED OUT TO YOUR ACCOUNT, INCLUDING CLAIMS OF OR LIABILITIES TO THIRD PARTIES; (IV) ANY CRIMINAL, WILLFUL OR NEGLIGENT CONDUCT BY YOU. You may present a claim to your insurance carrier for such events or losses; but in any event, you shall have final responsibility to all indemnified persons for all such losses.  You alone are responsible for any violation of these Terms by you.   EV Mobility reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case; you agree to cooperate with EV Mobility’s defense of such claim.

 

19. Customer Information and Use of GPS.  EV Mobility has an interest in tracking and locating the whereabouts of each EV Mobility Vehicle and, as applicable, monitoring the level of each EV Mobility Vehicle’s electric charge and behavior in the EV Mobility Vehicle.  Each EV Mobility Vehicle is equipped with a video recording device that may, at various times, be used to record actions and behavior within the EV Mobility Vehicle or in the surrounding areas outside of the EV Mobility Vehicles.  The EV Mobility Vehicle is also equipped with GPS tracking systems and other telematics tracking systems and EV Mobility may monitor and retain each EV Mobility Vehicle’s location, electric charge status, fuel level, mileage and other EV Mobility Vehicle and driving information at any time.  In addition, there may be third party operators of the GPS or telematics systems, or affiliates of such third parties who may also have access to the location of each EV Mobility Vehicle or access to other information supplied by the GPS or telematics system in each Vehicle. If you use the EV Mobility Vehicle Services, you acknowledge and agree that you do not have any expectation of privacy while using an EV Mobility Vehicle, including location privacy, route privacy, speed privacy or privacy in an EV Mobility Vehicle’s operational systems.  EV Mobility may change the way in which it monitors the EV Mobility Vehicle’s GPS or telematics systems at any time and will notify you of such change.  Information gained from GPS and other telematics tracking systems while an EV Mobility Vehicle is in your possession may be retained and used on an anonymous basis by EV Mobility for business or research purposes related to improving EV Mobility’s products and services or for any other lawful purpose.  The maps, directions and location advice provided by the GPS in each EV Mobility Vehicle may not be accurate and are not guaranteed by EV Mobility or any other party.  You should use your common sense and best judgment when operating an EV Mobility Vehicle and should not rely solely on the GPS contained within such EV Mobility Vehicle.

 

20. Local Laws; Export Control.  We control and operate the Services from EV Mobility’s headquarters in the United States of America and the entirety of the Services may not be appropriate or available for use in other locations.   If you use the Services outside the United States of America, you are solely responsible for following applicable local laws.

 

21. Dispute Resolution And Arbitration; Class Action Waiver.  Please Read This Provision Carefully.  It Affects Your Legal Rights.

 

This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Us.  Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Our licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding.

 

This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of These Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury.  To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means You would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).  EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

 

Pre-Arbitration Claim Resolution

 

For all Disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute which is first done by emailing to Us at info@evmobility.com  the following information: (1) Your name, (2) Your address, (3) A written description of Your Claim, and (4) A description of the specific relief You seek. If We do not resolve the Dispute within 45 days after receiving Your notification, then You may pursue Your Dispute in arbitration.  You may pursue Your dispute in a court only under the circumstances described below.

 

Exclusions from Arbitration/Right to Opt Out

 

Notwithstanding the above, Your or We may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”).  You may opt-out of this Provision by emailing Us at info@evmobiility.com  he following information: (1) Your name; (2) Your address; (3) A clear statement that You do not wish to resolve disputes with Us through arbitration. Either way, We will not take any decision You make personally. In fact, We promise that Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with Us.  But, We do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your dispute in arbitration or small claims court.

​

Arbitration Policy and Procedures

 

If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings.  The American Arbitration Association (“AAA”), , or JAMS, , will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator.  The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

​

For arbitration before AAA, for Disputes of less than $50,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $50,000 or more, the AAA’s Commercial Arbitration Rules will apply.  In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at  or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply.  The JAMS rules are available at  or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

​

Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

 

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or We may initiate arbitration in either Los Angeles, CA or the federal judicial district that includes Your billing address.  In the event that You select the latter, We may transfer the arbitration to Los Angeles, CA so long as We agree to pay any additional fees or costs which the arbitrator determines You incur as a result of the transfer.

 

Payment of Arbitration Fees and Costs – So long as You place a request in writing prior to commencement of the arbitration, We will pay all arbitration fees and associated costs and expenses. But, You will still be responsible for all additional fees and costs that You incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses.  In addition to any fees and costs recoverable under applicable law, if You provide notice and negotiate in good faith with Us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

 

Class Action Waiver

 

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and EV Mobility specifically agrees to do so following initiation of the arbitration.  If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you.  Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

 

Jury Waiver

 

You understand and agree that by accepting this Provision in these Terms, you and EV Mobility are each waiving the right to a jury trial or a trial before a judge in a public court.  In the absence of this Provision, you and EV Mobility might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).  Except as otherwise provided below, those rights are waived.  Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

 

Severability

 

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect.  If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

 

Continuation

 

This Provision shall survive the termination of your account with EV Mobility or its affiliates and your discontinued use of the Services.  Notwithstanding any provision in this Agreement to the contrary, EV Mobility agrees that if EV Mobility makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require EV Mobility to adhere to the language in this Provision if a dispute between the parties arises.

 

Dispute Resolution and Binding Arbitration.

  1. YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY[, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM]. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

 

  1. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

[We will be responsible for paying any individual consumer's arbitration fees/If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law]. 

  1. [You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.]

  2.  [You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR [NAME OF SELLER] WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.]

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

 

22. California Consumer Notice.  Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: 

 

The Services and Service are provided by EV Mobility Technologies Inc.  

 

If you have a question or complaint regarding the Website or Services, please contact Customer Service by emailing info@evmobility.com.  

 

You may also contact EV Mobility by writing c/o the Legal Department, EV Mobility, LLC, 433 North Camden Drive, #600, Beverly Hills, California 90210.  

 

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

23. Privacy.  We respect your privacy and are committed to protecting it.  Our Privacy Policy, www.evmobility.com,  governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.

24. Force Majeure.   We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

25. Assignment.  You will not assign any of your rights or delegate any of your obligations under these Terms of Service without our prior written consent.  Any purported assignment or delegation by you in violation of this Section is null and void.  No assignment or delegation relieves you of any of your obligations under these Terms of Service.

 

26. No Third-Party Beneficiaries.  These Terms of Service do not and are not intended to confer any rights or remedies upon any person other than you. 

 

27. Governing Law And Jurisdiction.   All matters relating to the Website, the App, these Terms of Service or the EV Mobility Services, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).  Any legal suit, action, or proceeding arising out of, or related to, the Website, the App, these Terms of Service or the EV Mobility Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Los Angeles and County of Los Angeles, although we retain the right to bring any suit, action, or proceeding against you for breach of , the Website, the App, these Terms of Service or the EV Mobility Services in your country of residence or any other relevant country.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

28. Limitation on Time to File Claims.  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE WEBSITE, THE APP OR THE EV MOBILITY SERVICES, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

29. Waiver and Severability.  No waiver by EV Mobility of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of EV Mobility to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.  If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect. 

 

30. Entire Agreement.  The Terms of Service, the Privacy Policy, and OTHER RELEVANT DOCUMENTS OR POLICIES that the company may have constitute the sole and entire agreement between you and EV Mobility regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. 

 

31. General.  Certain violations of these Terms, as determined solely by EV Mobility, may justify immediate termination of your access to the Services without prior notice to you.  The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms.  Foreign laws do not apply.  Except for disputes subject to arbitration as described above, any disputes relating to these Terms or the Services will be heard in the courts located in Los Angeles County, California.  The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

 

32. Feedback.  Any submissions by you to EV Mobility (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any type of communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary.  You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.  You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.

 

33. Contact Us.  If you have any questions about these Terms or otherwise need to contact EV Mobility for any reason, you can reach us by emailing info@evmobility.com  

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