Driver Terms of Use

4EverCharge® DRIVER TERMS OF USE – U.S.

Last Updated: October 3, 2023

PLEASE REVIEW THESE DRIVER TERMS OF USE CAREFULLY. 4EverCharge and its affiliates operate and manage a network of Charging Stations across North America. By creating a 4EverCharge User Account, accessing Charging Stations on the 4EverCharge Network and/or on Roaming Networks, or using the 4EverCharge Network as a 4EverCharge Guest, you agree to these Driver Terms of Use. ALL OF THE SERVICES OFFERED BY 4EverCharge ON THE NETWORKS ARE CONDITIONAL ON YOUR ACCEPTANCE OF THESE DRIVER TERMS OF USE. If you already have a 4EverCharge User Account, your continued access to that account and any services offered by 4EverCharge on the Networks shall constitute your acceptance of these Driver Terms of Use. Your use of any services offered by 4EverCharge on the Networks as a 4EverCharge Guest shall also constitute your acceptance of these Driver Terms of Use. IF YOU DO NOT AGREE TO THESE DRIVER TERMS OF USE YOU SHOULD CEASE USING THE NETWORKS AND YOU SHOULD CANCEL YOUR 4EverCharge USER ACCOUNT IF YOU HAVE ONE BY FOLLOWING THE INSTRUCTIONS UNDER THE ‘DELETE MY ACCOUNT’ FEATURE IN THE 4EverCharge MOBILE APP UNDER THE ‘ME’ AND ‘MY ACCOUNT’ TABS.

THESE DRIVER TERMS OF USE APPLY TO YOUR USE OF YOUR 4EverCharge USER ACCOUNT AND/OR THE NETWORKS FROM WITHIN THE UNITED STATES.

NOTE:  THESE DRIVER TERMS OF USE CONTAIN AN ARBITRATION AGREEMENT THROUGH WHICH THE PARTIES ARE AGREEING TO HAVE DISPUTES RESOLVED THROUGH BINDING ARBITRATION AND ARE WAIVING THEIR RIGHT TO BRING A CLASS ACTION LAWSUIT OR TO HAVE A TRIAL IN FRONT OF A JURY OR A JUDGE.  THESE DRIVER TERMS OF USE ALSO CONTAIN CERTAIN LIMITATIONS ON LIABILITY AND DAMAGES AND DISCLAIMERS OF EXPRESS AND IMPLIED WARRANTIES.

1. Defined Terms

Access Card: a radio frequency identification (RFID) card allowing 4EverCharge Users access to Charging Services on the 4EverCharge Network and some Roaming Networks, bearing a unique identification number and enabling a Charging Station to identify a 4EverCharge User and the corresponding 4EverCharge User Account.

Charging Fees: charges to 4EverCharge Users or 4EverCharge Guests for Charging Services.

Charging Services: services enabling a 4EverCharge User or 4EverCharge Guest to charge the battery of their EV at a Charging Station through the Networks.

Charging Session: a continuous session during which a 4EverCharge User or 4EverCharge Guest uses a Charging Station to charge an EV battery.

Charging Station: EV supply equipment or a direct current fast charger that provides Charging Services.

EV: an electric vehicle.

4EverCharge: 4EverCharge Services USA Inc. doing business in California as 4EverCharge Charging Solutions USA Inc., having its principal place of business at 627 36th Street

Newport News, VA 23607

4EverCharge Guest: you, an EV driver who has accessed the Charging Services and by doing so agreed to these Driver Terms of Use but without creating a 4EverCharge User Account.

4EverCharge Mobile App: 4EverCharge’s mobile application that is available for download on mobile equipment, giving 4EverCharge Users access to their 4EverCharge User Account, and 4EverCharge Users and 4EverCharge Guests access to Charging Services on the Networks and information regarding the Networks, including mapping of the Charging Stations available for use on the Networks.

4EverCharge Network: a network of Charging Stations across North America operated and managed by 4EverCharge and its affiliates.

4EverCharge User: you, an EV driver who has created a 4EverCharge User Account and by doing so agreed to these Driver Terms of Use.

4EverCharge User Account: an account created by a 4EverCharge User on the 4EverCharge Website or 4EverCharge Mobile App that gives 4EverCharge Users access to the Charging Services and allows them to deposit funds to pay for the Charging Services.

4EverCharge Website: 4EverCharge’s website, located at www.4EverCharge.com/, giving 4EverCharge Users access to their 4EverCharge User Account information and giving 4EverCharge Users and 4EverCharge Guests access to information regarding the Networks, including mapping of the Charging Stations available for use on the Networks.

Networks: the 4EverCharge Network and the Roaming Networks.

Roaming Networks: EV charging networks not operated or managed by 4EverCharge but on which 4EverCharge Users are permitted to obtain Charging Services using their 4EverCharge User Accounts.

Taxes: applicable tax, if any, applied to the Charging Fees and any other services provided by 4EverCharge or a Roaming Network with respect to the Charging Services, including but not limited to sales tax imposed by the federal and/or any state or local government (each, a “Tax”).

All references to currency are U.S. dollars.

2. Acceptance of Driver Terms of Use

By using the Networks from within the United States, you agree to be bound by these Driver Terms of Use (the “Driver Terms of Use”), the terms of use of the website https://www.4EverCharge.com/terms-and-conditions (the “Website Terms of Use”), our privacy policy available at https://www.4EverCharge.com/privacy-policy/ (the “Privacy Policy”) and any terms and conditions of sale or warranties provided during your purchase or use of any of our products or services, including without limitation any warnings or other terms posted on or near Charging Stations within the Networks (collectively, “Point-of-Sale Terms”), all of which govern our relationship with you. By using the Networks from within Canada, you agree to our Canada Driver Terms of Use without any further action.

The Driver Terms of Use constitute a contract between you and 4EverCharge regarding access to and use of the Networks. 4EverCharge invites you to read the Driver Terms of Use carefully before using the Networks, or the 4EverCharge Website, the 4EverCharge Mobile App, or any of our social media pages or transactional pages (collectively, the “Sites”) and to contact 4EverCharge’s webmaster if you have any questions at [email protected].

In the event of any direct inconsistencies between these Driver Terms of Use, the Website Terms of Use, the Privacy Policy, and any Point-of-Sale Terms that cannot be resolved based on specific language or references between them, these Driver Terms of Use shall control.

3. Changes to Driver Terms of Use

4EverCharge reviews these Driver Terms of Use regularly to make sure they accurately reflect our processes and operations and any changes we may make to them. Therefore, 4EverCharge may change these Driver Terms of Use periodically and it reserves the right to do so at its sole discretion. If we change these Driver Terms of Use, we will update this page and we will always indicate at the top of the Driver Terms of Use when they were last updated. In certain circumstances, we may, but are not obligated to, notify you of changes by email (if you have provided one) or by way of a temporary banner or pop-up notice on our Sites. Changes to these Driver Terms of Use will always be effective as of the “last updated” date indicated at the top of the Driver Terms of Use, whether we notified you of the changes in any other manner or not.

If you are not willing to accept any changes we make to our Driver Terms of Use, do not use the Networks and/or the Sites, and you should cancel your 4EverCharge User Account if you have one. By continuing to use your 4EverCharge User Account, the Networks, or the Sites after we have posted changes to the Driver Terms of Use, you are agreeing to the updated Driver Terms of Use. 4EverCharge invites you to consult the Driver Terms of Use from time to time to review the most recent version.

4. 4EverCharge’s Commitment to 4EverCharge Users and 4EverCharge Guests

4EverCharge’s obligation under these Driver Terms of Use is to provide 4EverCharge Users and 4EverCharge Guests with the Charging Services, using commercially reasonable efforts, subject to the terms set forth in these Driver Terms of Use.

5. Becoming a 4EverCharge Guest

You can be a 4EverCharge Guest and use the Charging Services without setting up a 4EverCharge User Account. You can do so in several ways:

• By downloading the 4EverCharge Mobile App and providing your e-mail address and payment information.
• By paying for Charging Services with an accepted credit card on Charging Stations that accept credit card payments.
• By using a radio frequency identification card or mobile application made available to you by a Roaming Network, vehicle OEM, or other partner.
• By using features like plug-and-charge or auto-charge when they are linked to your account with a Roaming Network and available at the Charging Station.

By using the Charging Services as a 4EverCharge Guest, you accept these Driver Terms of Use and our Privacy Policy (noted above), which governs 4EverCharge’s use of your personal information.

6. Becoming a 4EverCharge User

To become a 4EverCharge User, you need to create a 4EverCharge User Account. You can set up a 4EverCharge User Account from the 4EverCharge Website (www.4EverCharge.com/) or by downloading the 4EverCharge Mobile App.

You will need to provide the following information to create a 4EverCharge User Account:

• Name (first and last).
• E-mail address.

By becoming a 4EverCharge User, you accept these Driver Terms of Use and our Privacy Policy (noted above), which governs 4EverCharge’s use of your personal information. You will receive a link to these Driver Terms of Use and our Privacy Policy while creating your 4EverCharge User Account.

Following your account setup, you will receive an e-mail confirming creation of your 4EverCharge User Account at the e-mail address you provided, including a copy of these Driver Terms of Use and our Privacy Policy.

It is your responsibility to keep your 4EverCharge User Account information including your e-mail address up to date. You can make changes to your information directly from your 4EverCharge User Account or you can notify 4EverCharge’s Customer Experience Team of any changes by writing to: [email protected].

7. Deposits for Charging Services

Before you can access the Charging Services through your 4EverCharge User Account, you must deposit a minimum of $10.00 to your 4EverCharge User Account. You can make the deposit using the 4EverCharge Website or the 4EverCharge Mobile App. For additional deposits to your 4EverCharge User Account, the minimum amount is $10.00. No deposits to your 4EverCharge User Account are required to access Charging Stations that are free-of-charge (i.e. where there are no Charging Fees in effect) or to access the Charging Services as a 4EverCharge Guest.

You must use an accepted credit card to deposit funds to your 4EverCharge User Account. Currently Visa®, MasterCard® and AMEX® credit cards are accepted. Prior to charging your credit card, an authorization process will occur for the amount of your transaction. 4EverCharge uses a third-party payment processor (currently Stripe®) to securely process credit card transactions, including deposits to your 4EverCharge User Account.

All 4EverCharge User Account deposits received by 4EverCharge are placed in a segregated account. The deposits to your 4EverCharge User Account do not earn, and 4EverCharge will not pay, interest.

8. Payment for Charging Services

You can pay for Charging Services on the 4EverCharge Network using your Access Card, the 4EverCharge Mobile App, or by calling the toll-free Support Number listed in Section 25 below or posted on the Charging Station and providing your member number (an additional fee of $2.00 is applied when using the toll-free number to start your Charging Session). In some cases, you may also be able to pay for Charging Services on the 4EverCharge Network directly with a credit card, or with a radio frequency identification card, or through a mobile application made available to you by Roaming Networks, vehicle OEMs, or other partners, or by activating features like plug-and-charge (based on ISO15118 standards) or auto-charge (based on Electric Vehicle Communication Controller Identifier) that allow you to use and pay for Charging Services simply by connecting the charging cable to your vehicle. Some of these alternative payment methods may be subject to their own terms and conditions, which 4EverCharge does not control or bear any responsibility for. We encourage you to read any such terms and conditions before using such payment methods.

Payment for Charging Services on the Roaming Networks may vary. Some Charging Stations on the Roaming Networks will only allow you to pay through the 4EverCharge Mobile App while others may also accept payment using a credit card, your Access Card, or features like plug-and-charge or auto-charge. Please review the signage at the individual Charging Station for details or call 4EverCharge Customer Experience at the toll-free Customer Experience Number listed in Section 25 below for assistance.

If you pay for Charging Services using your 4EverCharge User Account, your 4EverCharge User Account will be debited the cost of the Charging Fees plus applicable Taxes after each Charging Session. If for some reason Charging Fees cannot be processed at the time of charging, charging information will be saved and your 4EverCharge User Account will be debited those costs at a later time (this may result in charges appearing in your transaction history on a different date than the date on which you used the Charging Services). The balance of your 4EverCharge User Account may become negative after a Charging Session, and you will need to replenish your 4EverCharge User Account to cover any such negative balance. You will not be able to use the Charging Services while you have a negative balance in your 4EverCharge User Account.

Paying for Charging Services with a credit card as a 4EverCharge Guest will result in a $40.00 pre-authorization debit on your credit card. After each Charging Session, your credit card will be debited only for the actual cost of the Charging Fees, plus applicable Taxes and a $0.50 transaction fee. Remember that to pay for Charging Services with a credit card as a 4EverCharge Guest, you must have a valid credit card. If your credit card is rejected for any reason, you will not be able to access the Charging Services.

Charging Fees may vary by Charging Station and are set by the Charging Station owner, which may be 4EverCharge, the Charging Station’s site-host, or, in the case of a Roaming Network, the person authorized to set the fees on that Roaming Network.

If you have questions regarding your transaction history or any correction thereto, or if you wish to dispute any transaction or correction that has been applied to your 4EverCharge User Account, please contact 4EverCharge Customer Experience at [email protected]  within thirty (30) calendar days of the transaction in question. Assuming you provide sufficient details, 4EverCharge will review your claim and respond with its findings. If 4EverCharge finds a billing error, 4EverCharge will correct the error promptly after completing its review. If you are a 4EverCharge User, any reimbursements by 4EverCharge for billing errors will be made in the form of a deposit to your 4EverCharge User Account; 4EverCharge will not make reimbursements to credit cards or issue checks. If you used the Charging Services as a 4EverCharge Guest, any reimbursements by 4EverCharge for billing errors will be made in the form of a credit on the credit card you used to pay for the Charging Services. 4EverCharge will not be responsible for any expenses incurred or direct or indirect damages resulting from billing errors. If 4EverCharge does not find a billing error, 4EverCharge will explain its findings. 4EverCharge will not review or correct any billing error submitted by a 4EverCharge User or 4EverCharge Guest more than thirty (30) calendar days from the date of the transaction.

Should you fail to replenish a negative balance in your 4EverCharge User Account, in addition to any other remedies available at law, 4EverCharge may close your 4EverCharge User Account and terminate your access and right to use the Networks. 4EverCharge may also decline to open a new 4EverCharge User Account for you in the future.

9. Reimbursement of Deposits

You may request reimbursement of the balance in your 4EverCharge User Account by contacting 4EverCharge Customer Experience at [email protected].

Reimbursements may only be requested by the actual credit card holder and will only be made to the credit card used to make the deposits. In exceptional circumstances, and at 4EverCharge’s sole discretion only, reimbursement may be made by check.

Deposits of promotional credits made to a 4EverCharge User Account have no cash value and are not eligible for reimbursement.

10. Access Card

You can purchase an Access Card on the 4EverCharge Website or through the 4EverCharge Mobile App by using an accepted credit card.

The current price of an Access Card is the price indicated on the 4EverCharge Website at the time of purchase plus Tax. 4EverCharge will use commercially reasonable efforts to mail your Access Card to you in Canada or the United States within ten (10) business days from the date of purchase. If you have not received your Access Card within twenty (20) business days from the date of purchase, please contact 4EverCharge Customer Experience at [email protected] for assistance.

Use of the Access Card is your responsibility. If you allow a third party, including an employee or contractor, to use your Access Card to access the Networks, it is your obligation to ensure that they agree to and abide by these Driver Terms of Use, and you will be held responsible for all charges and activities related to their use.

11. Lost, Stolen or Damaged Access Card; Lost or Stolen Mobile Device; Misuse of Plug-and-Charge or Auto-Charge Features

You should treat your Access Card like cash and not disclose your 4EverCharge User Account information to anyone. If your Access Card is lost or stolen, anyone who obtains possession of it may use your Access Card unless and until it is deactivated or removed from your 4EverCharge User Account. You are responsible and 4EverCharge will not be liable for any transactions on your Access Card, including any unauthorized transactions. Similarly, if your mobile device is lost or stolen, or if you activate features like plug-and-charge or auto-charge that allow you to use and pay for Charging Services simply by connecting the charging cable to your vehicle, you alone are responsible for any transactions completed through the 4EverCharge Mobile App or features like plug-and-charge or auto-charge, including without limitation any unauthorized transactions resulting from loss or theft of your mobile device, vehicle or vehicle identifier.

If your Access Card becomes lost, stolen or damaged, immediately notify 4EverCharge Customer Experience by e-mail to [email protected] or by calling the toll-free Customer Experience Number listed in Section 25 below. Your 4EverCharge User Account balance is protected from the time 4EverCharge confirms receipt of your written or telephone notice of loss, theft or damage. Upon receiving this notice, 4EverCharge will delete the lost, stolen or damaged Access Card from your 4EverCharge User Account and it will no longer be useable. If your mobile device is lost or stolen, you alone are responsible for deleting your 4EverCharge User Account to prevent unauthorized use of Charging Services through your 4EverCharge User Account. You can do so by connecting to your 4EverCharge User Account on the 4EverCharge website or through the 4EverCharge Mobile App using another device. You should also call 4EverCharge Customer Experience at the toll-free Customer Experience Number listed in Section 25 below for assistance opening a new 4EverCharge User Account and to ensure any balance in your old 4EverCharge User Account is transferred, and any Access Cards you may have get linked, to your new 4EverCharge User Account. If you activated features like plug-and-charge or auto-charge and your vehicle becomes stolen or you believe your vehicle identifier has been stolen, you alone are responsible for disactivating the plug-and-charge or auto-charge feature to prevent unauthorized use of Charging Services through such features. You can do so by calling 4EverCharge Customer Experience at the toll-free Customer Experience Number listed in Section 25 below or by following the instructions provided to you from the accounts you may have with Roaming Networks, vehicle OEMs, or other partners. 4EverCharge disclaims all liability for your failure to delete your 4EverCharge User Account or to disactivate the plug-and-charge or auto-charge feature in circumstances such as those described here.

You may replace an Access Card that was lost, stolen, or damaged (including by improper use or abuse) by ordering a new Access Card on the 4EverCharge Mobile App or through the 4EverCharge Website. You will be charged a fee equal to the current purchase price of a new Access Card plus Tax. To replace an Access Card for any other reason, contact 4EverCharge Customer Experience by e-mail to [email protected] or by calling the toll-free Customer Experience Number listed in Section 25 below. If a replacement is required because of a defect in the Access Card that is not caused by improper use or abuse, 4EverCharge will cover the cost of replacing the Access Card, including shipping fees within the U.S. In case of any dispute concerning the reason for Access Card replacement, you agree, if requested, to provide a photo of the Access Card or return the physical Access Card for inspection by 4EverCharge. Any funds remaining in your 4EverCharge User Account will be transferred to your new Access Card prior to its sending by 4EverCharge. 

If you activate features like plug-and-charge or auto-charge, you alone are responsible for disactivating them when you sell or otherwise dispose of your vehicle to prevent subsequent users of your vehicle from making unauthorized use the Charging Services through such features. You can do so by calling 4EverCharge Customer Experience at the toll-free Customer Experience Number listed in Section 25 below or by following the instructions provided to you from the accounts you may have with Roaming Networks, vehicle OEMs, or other partners. 4EverCharge disclaims all liability for your failure to disactivate the plug-and-charge or auto-charge feature in such circumstances.

12. Charging Station Location and Availability

For the convenience of all 4EverCharge Users and 4EverCharge Guests, 4EverCharge provides a map of available Charging Stations on the Networks via the 4EverCharge Mobile App and 4EverCharge Website. This information is provided for informational purposes only, and, while 4EverCharge uses commercially reasonable efforts to keep the mapping information accurate, complete and up-to-date, 4EverCharge cannot and does not warrant that it is error-free. 4EverCharge assumes no direct or indirect liability in the event that actual Charging Station availability and/or terms of use differ from the information provided on the map in the 4EverCharge Mobile App or on the 4EverCharge Website. Factors that can impact the accuracy of the map include: (a) failure by a Charging Station owner to provide sufficient maintenance or monitoring; (b) failure of a Charging Station owner to advise 4EverCharge of a change to access rules related to the Charging Station or power outages; (c) failure of a Roaming Network operator to advise 4EverCharge of changes or power outages related to a Charging Station; and/or (d) force majeure situations beyond the reasonable control of the Charging Station owner, Roaming Network operator and/or 4EverCharge.

13. Charging Fees

Charging Fees are set by Charging Station owners (which can be 4EverCharge in certain cases or third-party site hosts in other cases), at their sole discretion and in accordance with applicable law. Some Charging Stations are free-of-charge.

Charging Stations may display applicable Charging Fees in different ways. For Charging Stations with screens that are manufactured by 4EverCharge LLC., the Charging Fee will appear on a digital display. For Charging Stations without screens, including those on Roaming Networks, please review posted signage or call 4EverCharge Customer Experience at the toll-free Customer Experience Number listed in Section 25 below for applicable Charging Fees. Charging Fees are also posted on the Charging Station map available on the 4EverCharge Mobile App and 4EverCharge Website; in the event of a conflict, the pricing posted at the Charging Station controls over any pricing shown on the Charging Station map. Remember that Taxes may be payable on Charging Fees.

For Charging Stations on the 4EverCharge Network, Charging Fees may be billed at a fixed rate, by time, by energy consumed, or through some combination of those options. When the Charging Fee is a fixed rate, the Charging Session will be billed at the fixed rate, no matter how much time you use the Charging Services or how much energy your vehicle draws from the Charging Station. When the Charging Fees are time-based, the Charging Session is billed based on the time you use the Charging Services, to the second (which, depending on the Charging Station, could include the time it takes you to replace the holder on the Charging Station). To avoid unnecessary charges on Charging Stations that use time-based billing, please ensure you replace the Charging Station connector in its holder on the Charging Station promptly after completion of the Charging Session. You alone are responsible for doing so and 4EverCharge disclaims all liability for unnecessary charges that result from your failure to do so. When the Charging Fees are energy-based, the Charging Session is billed based on the quantity of energy your vehicle draws from the Charging Station. Quantity of energy transferred is calculated at the Charging Station level; calculations reported by your vehicle may differ but Charging Fees are determined by the applicable Charging Station.

For Charging Stations on Roaming Networks, Charging Fees will be based on the rules of the Roaming Network. It is your responsibility to confirm any Charging Fees in advance of starting a Charging Session on a Roaming Network. Any questions regarding payment for Charging Sessions on Roaming Networks can be directed to 4EverCharge Customer Experience at [email protected] and are governed by Section 8 above.

Any additional fees associated with accessing the Networks (e.g., cellular data fees incurred for use of a smart phone, idle fees, or parking fees/tickets where applicable) are your sole responsibility.

If your 4EverCharge User Account contains a balance in U.S. Dollars and you use Charging Services outside the United States and pay Charging Fees posted in a foreign currency, 4EverCharge will convert your Charging Fees to U.S. Dollars at currency exchange rates then available to 4EverCharge from its currency exchange API and debit your 4EverCharge User Account in U.S. Dollars.

14. Charging Sessions

Before commencing a Charging Session, please always review and follow any safety instructions posted on or around the Charging Station. Please also visually inspect the Charging Station to ensure that you do not see any visible damage. If you see any damage, please call 4EverCharge’s 24/7 on-the-road support team at 1833-346-5982 to confirm whether the Charging Station is safe to use prior to commencing a Charging Session. Note that we have important limitations in these Driver Terms of Use on 4EverCharge’s liability for any damage caused while using a Charging Station on the Networks.

Charging Sessions on the 4EverCharge Network

A 4EverCharge Guest, or a 4EverCharge User with a valid 4EverCharge User Account containing a positive balance of any amount, may each use the Charging Services at any available Charging Station on the 4EverCharge Network.

To activate a Charging Station that is on the 4EverCharge Network, you must either:

• Tap your Access Card on the designated area on the Charging Station;
• Use your smart phone to find the Charging Station through the 4EverCharge Mobile App and follow the instructions to start the activation process; or
• Call 4EverCharge’s 24/7 on-the-road support team at the toll-free Support Number listed in Section 25 below or posted on the Charging Station and provide your 4EverCharge User Account number (an additional fee of $2.00 is applied when using the toll-free number).

In some cases, you may also be able to activate a Charging Station that is on the 4EverCharge Network by using a credit card, a radio frequency identification card, or mobile application made available to you by Roaming Networks, vehicle OEMs, or other partners, or by activating features like plug-and-charge (based on ISO15118 standards) or auto-charge (based on Electric Vehicle Communication Controller Identifier) that simplify the charging experience by allowing you to activate a Charging Station by connecting the charging cable to your vehicle.

Charging Sessions on Roaming Networks

Accessing and activating a Charging Station on a Roaming Network may be different. For instance, some Charging Stations may only allow you to activate them using the 4EverCharge Mobile App while others may accept a credit card, your Access Card, or features like plug-and-charge or auto-charge. Please review the signage at the individual Charging Station for details or call 4EverCharge’s 24/7 on-the-road support team for assistance.

For Charging Sessions on all Networks, the data generated by the Charging Station will indicate and be proof of your period of use of a Charging Station.

15. Transaction Receipt

After each Charging Session, you will receive a receipt of the transaction.

If (a) you activated the Charging Session through your 4EverCharge User Account, including with features like plug-and-charge or auto-charge when they are linked to your 4EverCharge User Account, then you will receive the receipt at the e-mail address specified in your 4EverCharge User Account.

If (b) you activated the Charging Session as a 4EverCharge Guest by using the 4EverCharge Mobile App, then you will receive a receipt at the e-mail address you provided before starting your Charging Session.

If (c) you activated the Charging Session as a 4EverCharge Guest without using the 4EverCharge Mobile App, then one of the following will apply:

• Where you activated a Charging Session by using the Charging Station’s credit card terminal, you will receive a receipt through a website URL, which you can access by QR code, text message, or other means (depending on location) on an internet-enabled mobile device.
• Where you activated a Charging Session by using a radio frequency identification card or mobile application made available to you by a Roaming Network, vehicle OEM, or other partner, the applicable partner will be responsible for providing you a receipt.
• Where you activated a Charging Session by using features like plug-and-charge or auto-charge when they are linked to your account with a Roaming Network, the applicable Roaming Network will be responsible for providing you a receipt.

The receipt issued by 4EverCharge in the circumstances described above in (a) or (b) will specify that your 4EverCharge User Account (or credit card, if you used the Charging Services as a 4EverCharge Guest) has been debited for the Charging Fees associated with the Charging Session. It will also specify the following information:

• Access Card identification.
• Name of Park (group of Charging Stations in which Charging Station is located).
• Name and address of Charging Station.
• Date and time of the start of the Charging Session.
• Date and time of the end of the Charging Session.
• Energy consumed.
• Duration of Charging Session.
• Rate of Charging Session.
• Applicable Taxes.
• Cost details and total cost of the Charging Session.
• Balance of 4EverCharge User Account (for 4EverCharge Users only).

The receipt may specify different information in the circumstances described above in (c) or if the Charging Session occurred at a Charging Station on a Roaming Network.

Please note that 4EverCharge Charging Stations do not provide physical receipts.

16. Charging Station Availability

To determine whether a Charging Station is available for use, please consult the 4EverCharge Mobile App or the 4EverCharge Website (this information may also appear on mobile applications made available to you by Roaming Networks, vehicle OEMs, or other partners). 4EverCharge assumes no direct or indirect liability in the event that the actual Charging Station availability or status differs from the information provided on the 4EverCharge Mobile App or on the 4EverCharge Website.

17. Obligations of 4EverCharge Users and 4EverCharge Guests

You agree to pay all Charging Fees for the Charging Services initiated by you or through the use of any means described in Section 8 above.

You agree to use the Charging Services as would a reasonable person for the purposes for which the Charging Services were designed and in compliance with these Driver Terms of Use. To use the Charging Services, you must ensure that your electric vehicle is in proper functioning condition and that its battery and connecting apparatus are compatible with the Charging Station.

You must comply with all applicable laws, regulations, and rules related to the Charging Stations and/or the property on which the Charging Stations are located. You are solely responsible for any damage that you cause to the Charging Station or the area in which it is located and you must immediately inform 4EverCharge Customer Experience in writing of any such damage at [email protected], including the location, Charging Station number, type of damage caused and, if available, a photo of the damage.

If you are a 4EverCharge User, you represent that all information in your 4EverCharge User Account is accurate and up-to-date and agree to take all steps necessary to update your 4EverCharge User Account information within a reasonable time if the information changes.

If you are a 4EverCharge Guest, you represent that all information you provide via the 4EverCharge Mobile App is accurate and up-to-date.

You agree not to perpetuate any fraud or engage in any unlawful action against 4EverCharge or its affiliates in relation to the Charging Stations or the Networks. Should 4EverCharge discover that you have engaged in any such action in breach of these Driver Terms of Use, in addition to any other remedies available in these Driver Terms of Use or at law, 4EverCharge reserves the right to calculate and deduct any amount owing from your 4EverCharge User Account or, if you are a 4EverCharge Guest, the credit card you used to start a Charging Session.

18. Use of the 4EverCharge Website and 4EverCharge Mobile App

You may access and use the 4EverCharge Website and 4EverCharge Mobile App to obtain information regarding Charging Station locations on the Networks, trip mapping and other content and features that 4EverCharge may make available from time to time. Use of the 4EverCharge Website and 4EverCharge Mobile App are subject to 4EverCharge’s Website Terms of Use and Privacy Policy.

You acknowledge and agree that 4EverCharge may modify the 4EverCharge Website and 4EverCharge Mobile App in any way and at any time, with or without notice. You further acknowledge and agree that, while 4EverCharge has attempted to provide accurate information on the 4EverCharge Website and 4EverCharge Mobile App, such information may change frequently. In no event will 4EverCharge be responsible for the accuracy, usefulness or completeness of any information, materials or other content on the 4EverCharge Website or 4EverCharge Mobile App, nor does 4EverCharge warrant that any such information, materials, or other content is up-to date.

19. Personal Information

Your use of the Charging Services generates data and personal information that is subject to the terms of the 4EverCharge Privacy Policy.

20. Term and Termination

The Driver Terms of Use will continue to apply to the matters covered hereunder unless and until terminated by 4EverCharge.

You may terminate your agreement with 4EverCharge under these Driver Terms of Use for any reason or no reason by cancelling your 4EverCharge User Account at any time, without any fees or penalty other than as provided herein, including replenishing any negative balance in the User Account, by following the instructions under the ‘Delete My Account’ feature in the 4EverCharge Mobile App under the ‘Me’ and ‘My Account’ tabs.

Upon any such termination by you, the provisions of these Driver Terms of Use shall continue to apply to any and all activities that took place hereunder, including without limitation the provisions included in Sections 22, 23, 24, 31, and 33.

4EverCharge may terminate your 4EverCharge User Account for any reason or no reason at any time.

Upon termination, the 4EverCharge User Account you have created will be closed and any balance remaining in your 4EverCharge User Account at the time of termination will be reimbursed to you, net of any amounts owing by you to 4EverCharge, as described in Section 9 above.

21. Violation of Driver Terms of Use

You agree that 4EverCharge may, in its sole discretion and without prior notice, terminate your access to the Networks and/or block your future access to these Networks if 4EverCharge determines that you have violated these Driver Terms of Use or other agreements or guidelines which may be associated with your use of the Networks. You also agree that any violation by you of these Driver Terms of Use may cause irreparable harm to 4EverCharge, for which monetary damages would be inadequate, and you consent to 4EverCharge obtaining any injunctive or equitable relief that 4EverCharge deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies 4EverCharge may have at law or in equity.

You agree that 4EverCharge will not be liable to you or to any third party for termination of your access to the Networks or Sites for any reason.

22. Disclaimer of Warranties

TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE NETWORKS, THE CHARGING STATIONS, THE SITES AND THE ACCESS CARDS IS AT YOUR SOLE RISK. THE NETWORKS, THE CHARGING STATIONS, THE SITES AND THE ACCESS CARDS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. 4EverCharge PROVIDES THE 4EverCharge NETWORK, THE SITES AND ACCESS CARD, AND 4EverCharge AND/OR EACH CHARGING STATION HOST PROVIDES THE CHARGING STATION, ON A COMMERCIALLY REASONABLE BASIS (SUBJECT AT ALL TIMES TO SITE CONDITIONS, SITE RULES, CHARGING STATION RULES, AND OTHER FACTORS THAT COULD LIMIT 4EverCharge’S OR A CHARGING STATION HOST’S ABILITY TO PROVIDE THE FOREGOING) AND 4EverCharge DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE CHARGING STATIONS, THE SITES OR ACCESS CARDS AT ANY GIVEN TIME OR LOCATION, OR THAT THERE WILL BE CHARGING STATIONS LOCATED IN A SPECIFIC GEOGRAPHIC AREA. YOUR ACCESS AND USE OF THE NETWORKS, THE CHARGING STATIONS, THE SITES AND ACCESS CARDS ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO OR LOSS OF YOUR EV, MOBILE DEVICE, OTHER PROPERTY OR ANY OTHER DAMAGES OR LOSS (INCLUDING BODILY INJURY) THAT RESULT FROM SUCH ACCESS OR USE.

TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, 4EverCharge MAKES NO WARRANTY REGARDING THE NETWORKS, THE CHARGING STATIONS, THE SITES, THE ACCESS CARDS AND/OR THEIR CONTENT AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS THAT:

• THEY WILL MEET YOUR NEEDS AND EXPECTATIONS;
• THEY WILL BE ACCURATE, COMPLETE, RELIABLE OR RELEVANT;
• THEIR OPERATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• THE METHOD OF BILLING SELECTED BY THE SITE HOST COMPLIES WITH APPLICABLE LAW;
• DEFECTS OR ERRORS WILL BE CORRECTED; OR
• CHARGING STATIONS WILL PROVIDE A SPECIFIC QUANTITY OF ELECTRICITY.

23. Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT WILL 4EverCharge, ITS AFFILIATES (INCLUDING ITS PARENT COMPANY 4EverCharge LLC.), ANY CHARGING STATION OWNER OR HOST, ANY ROAMING NETWORK AND ANY CHARGING STATION SPONSOR OR ADVERTISER AND EACH OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS OR REPRESENTATIVES, OR ANY AFFILIATES THEREOF (EACH, A “4EverCharge REPRESENTATIVE” AND COLLECTIVELY, “4EverCharge REPRESENTATIVES“) HAVE ANY RESPONSIBILITY OR LIABILITY, WHETHER IN CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, OR FRAUD), STATUTORY VIOLATION (INCLUDING, BUT NOT LIMITED TO, UNFAIR BUSINESS PRACTICES) OR ANY OTHER LEGAL THEORY, FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING WITHOUT LIMITATION INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PAIN AND SUFFERING, BODILY INJURIES, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, HARM TO BUSINESS OR REPUTATION, LOSS OF INFORMATION, ANY DATA BREACH, LOSS OF PROFIT, LOSS OF REVENUE OR INCOME, LOSS OF SALARY OR OTHER COMPENSATION FROM EMPLOYMENT), ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE NETWORKS, THE CHARGING SERVICES, THE CHARGING STATIONS, THE ACCESS CARDS, THE SITES OR THEIR CONTENT, OR PLUG-AND-CHARGE, AUTO-CHARGE OR ANY OTHER SIMILAR FEATURES, EVEN IF 4EverCharge OR ANY 4EverCharge REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.

TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, 4EverCharge AND 4EverCharge REPRESENTATIVES DISCLAIM ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY, INCLUDING BUT NOT LIMITED TO USERS OF THE NETWORKS OR ANY CHARGING SERVICES OR ANY CHARGING STATION OR ANY ACCESS CARD OR PLUG-AND-CHARGE, AUTO-CHARGE OR ANY OTHER SIMILAR FEATURES, OR OWNERS OR OPERATORS OF CHARGING STATIONS OR ANY OWNER, OPERATOR, LICENSEE, OCCUPANT OR OTHER PERSON ON OR RESPONSIBLE FOR ANY PROPERTY ON WHICH A CHARGING STATION IS LOCATED AND MAY IN NO CASE BE HELD LIABLE, WHETHER IN CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, OR FRAUD), STATUTORY VIOLATION (INCLUDING, BUT NOT LIMITED TO, UNFAIR BUSINESS PRACTICES) OR ANY OTHER LEGAL THEORY, FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES) OR COSTS ARISING IN ANY MANNER FROM:

• THE ACTS, OMISSIONS OR CONDUCT OF A THIRD-PARTY; AND
• THE USE OF OR INABILITY TO USE THE NETWORKS, ANY CHARGING SERVICES, ANY CHARGING STATION, ANY ACCESS CARD, OR PLUG-AND-CHARGE, AUTO-CHARGE OR ANY OTHER SIMILAR FEATURES.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE DRIVER TERMS OF USE, 4EverCharge IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE NETWORKS, THE CHARGING SERVICES, A CHARGING STATION, AN ACCESS CARD, OR PLUG-AND-CHARGE, AUTO-CHARGE OR ANY OTHER SIMILAR FEATURES, THEN, TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, 4EverCharge’S LIABILITY, WHETHER IN CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, OR FRAUD), STATUTORY VIOLATION (INCLUDING, BUT NOT LIMITED TO, UNFAIR BUSINESS PRACTICES) OR ANY OTHER LEGAL THEORY, SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY CHARGING FEES INCURRED ON THE NETWORKS AND PAID TO 4EverCharge ARISING FROM YOUR USE OF THE NETWORKS IN THE SIX (6) MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST 4EverCharge (FOR GREATER CERTAINTY NOT INCLUDING THE PURCHASE PRICE FOR ANY 4EverCharge HARDWARE OR SOFTWARE PRODUCTS OR ANY 4EverCharge EXTENDED WARRANTIES OR SIMILAR SUPPORT PROGRAM), OR (2) $100.00. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. THESE LIMITATIONS OR EXCLUSIONS OF LIABILITY MAY NOT PREJUDICE YOUR STATUTORY RIGHTS.

24. Indemnification

To the maximum extent allowable by applicable law, you will indemnify, defend and hold 4EverCharge and 4EverCharge Representatives (the “Indemnified Parties”) harmless from and against any claims brought by third parties against the Indemnified Parties resulting from:

• Any breach by you of the Driver Terms of Use;
• Any damage you cause to a Charging Station, the Networks, the property of 4EverCharge or a third party while you are in the process of using a Charging Station or the Networks (including driving to or from same); or
• Your violation of any applicable law, rule or regulation.

You agree that the Indemnified Parties will have no liability, whether in contract, breach of warranty, tort (including, without limitation, negligence, strict liability, or fraud), statutory violation (including, but not limited to, unfair business practices) or any other legal theory, in connection with any such claim and agree to hold them harmless against any and all resulting losses, damages, judgments, awards, costs, expenses, as well as judicial and extrajudicial fees and costs.

25. 4EverCharge Contact Information

You can send 4EverCharge an e-mail at [email protected].

You can access the 4EverCharge Website at www.4EverCharge.com/.

You can send mail to 4EverCharge at the following address:

4EverCharge Services USA Inc.
627 36th Street

Newport News, VA 23607

For support using Charging Stations, you can contact 4EverCharge’s 24/7 on-the-road support team at 1 833-346-5982 (the “Support Number”).

For other inquiries, you can contact 4EverCharge’s Customer Experience team at 1–888-356-8911(the “Customer Experience Number”) seven days a week (including statutory holidays) from 7 a.m. to 9 p.m. Eastern Standard Time.

For questions relating to the 4EverCharge Website, you can e-mail [email protected].

For questions relating to privacy, you can e-mail [email protected].

26. E-mail

E-mail is neither protected nor confidential. Messages, whether sent by e-mail or other means, may be lost or intercepted. No electronic system can be perfectly protected or error-free. 4EverCharge will not be responsible for damages you may suffer through the exchange of messages by e-mail or other means, should they be generated by you or by 4EverCharge.

27. Copyright

All texts, images, photographs, information, audio clips, video clips, software and codes available on the Sites and the Charging Stations on the 4EverCharge Network (collectively the “Content”), including the presentation of the Content are protected by all applicable laws, including copyright laws, and belong to 4EverCharge, its affiliates or its licensors.

For so long as you agree to and comply with these Driver Terms of Use, 4EverCharge grants you a personal, non-exclusive, non-transferable license to use and display the Sites and their Content on your computer, mobile phone or any other electronic device, solely for personal and non-commercial use.

The modification, reproduction, distribution, transmission, dissemination, representation, networking, marketing, publication, licensing, public performance, downloading, creation of derivative works, internet posting, sale or any exploitation of the Sites and their Content are prohibited.

28. Software

All the software integrated into or included on the 4EverCharge Network and the Sites, including all files and/or images contained in or generated by such software, is protected by copyright and may be protected by other rights as well. Such software belongs to 4EverCharge, its affiliates or its licensors.

You may not: (i) use, reproduce, modify, adapt, translate, download or transmit the software, in whole or in part; (ii) sell, lease, rent, license or transfer the software or otherwise allow access thereto; (iii) alter, remove or cover any trademark or notice of ownership included in the software; and/or (iv) decompile, disassemble, decrypt, extract or reverse-engineer the Sites and its components, including, without limitation, the software, or assist anyone to do so.

You acknowledge that you do not hold any right, title, interest or license to or in the software integrated into the Sites or that may be downloaded from the Sites.

29. Trademarks

Certain names, words, titles, phrases, graphics, logos, icons or designs used in relation to the 4EverCharge Network or the Sites may be trademarks or service marks belonging to 4EverCharge or other service providers, used with the consent of third-party owners (the “Trademarks”). You agree not to remove, edit copy or otherwise alter or use the Trademarks or any other proprietary information.

30. Void Where Prohibited

The Networks are not intended to be used, and may not be used, outside of Canada and the United States. 4EverCharge makes no representation or warranty that the Networks or the information provided thereon is lawful in every jurisdiction from which it may be accessed, or that it is available for use in other jurisdictions. If you access or use the Networks from a jurisdiction outside of Canada or the United States, you are responsible for compliance with all applicable local laws.

31. Arbitration, Waiver of Right to Jury Trial, and Class Action Waiver

BY CREATING A 4EverCharge USER ACCOUNT, ACCESSING CHARGING STATIONS ON THE 4EverCharge NETWORK AND/OR ON ROAMING NETWORKS, OR USING THE 4EverCharge NETWORK AS A 4EverCharge GUEST, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST 4EverCharge ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THE ARBITRATION AGREEMENT BELOW. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST 4EverCharge, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST 4EverCharge BY SOMEONE ELSE.

Agreement to Binding Arbitration Between You & 4EverCharge (the “Arbitration Agreement”)

You and 4EverCharge agree that any dispute, claim or controversy arising out of or relating to (a) these Driver Terms of Use including the breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the 4EverCharge Network or the Roaming Networks at any time, whether before or after the date you agreed to the Driver Terms of Use, will be settled by binding arbitration between you and 4EverCharge, and not in a court of law.

You acknowledge and agree that YOU AND 4EverCharge ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Unless both you and 4EverCharge otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and 4EverCharge each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Arbitration Rules & Governing Law

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, unless otherwise required by law or except as modified by this Arbitration Agreement. The AAA Rules are deemed to be incorporated by reference into this section, and as of the date of these Driver Terms of Use you can find the AAA Rules here or by calling the AAA at 1-800-778-7879.

You and 4EverCharge agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether this Arbitration Agreement is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in these Driver Terms of Use, you and 4EverCharge agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York.

Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at: Consumer_Demand_for_Arbitration_Form_1.pdf (adr.org) or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of New York or such other applicable jurisdiction and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Location & Procedure

Unless you and 4EverCharge otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and 4EverCharge submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An arbitrator’s decision shall be final and binding on all parties. An arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. 4EverCharge will not seek, and hereby waives all rights 4EverCharge may have under applicable law to recover, attorneys’ fees and expenses if 4EverCharge prevails in arbitration unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages is less than $75,000, 4EverCharge will pay all such fees, unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Severability & Survival

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Driver Terms of Use; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

32. Language

English language version available/

33. Choice of Law; General Provisions

By using the Networks from within the United States, to the extent permitted by applicable law, you agree that these Driver Terms of Use are governed by and construed under the laws of the State of New York, without reference to its conflict of laws provisions that would require the application of the laws of another jurisdiction.

If any provision of these Driver Terms of Use, including any documents incorporated therein by reference, is held to be invalid or unenforceable, that provision will be deemed severable from these Driver Terms of Use and shall not affect the validity and enforceability of any remaining provisions, which will remain in full force and effect. The Driver Terms of Use and any documents incorporated therein by reference constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Each party acknowledges that, in entering into these Driver Terms of Use it has not relied on, and (in the absence of fraud) will have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Driver Terms of Use. Nothing in the foregoing sentence shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation. Any waiver of any provision of the Driver Terms of Use will be effective only if in writing and signed by 4EverCharge. The failure of a party to assert any right under these Driver Terms of Use shall not be considered a waiver of that party’s right and those rights will remain in full force and effect. You are not allowed to assign these Driver Terms of Use or any rights hereunder. 4EverCharge is allowed at its sole discretion to assign these Driver Terms of Use or any rights hereunder to any third party, without giving prior notice to you.

34. Third Party Cellular Transmission Service

Where 4EverCharge or its parent company 4EverCharge LLC. subscribes to a telecommunication service to assist in providing the Charging Services, you acknowledge and agree that: (1) 4EverCharge Users and 4EverCharge Guests are not third party beneficiaries of a contract between 4EverCharge LLC. and the company providing a telecommunication service (the “company”), (2) the company has no liability to 4EverCharge Users or 4EverCharge Guests, whatever its nature, including, without limitation, with respect to devices, services, cellular carrier network availability, speed of communications, loss or theft of devices, and content, (3) the company provides services without warranty of any kind, including, without limitation, communications security, (4) 4EverCharge Users and 4EverCharge Guests may not: a) use the services in an abusive, illegal or offensive manner, (b) use excessive data or cellular network capacity, and (c) modify, reproduce (including electronic serial numbers or other components) or resell the services; in all such cases, the services may be terminated or suspended, and (5) the company may enforce this paragraph and this schedule as a third party beneficiary