Terms of service.

Introduction

EVerlong Technologies Incorporated (“EVerlong”, “we”, or “us”), provides an online electric charging station sharing platform, named Outlet, that connects owners with individuals seeking to utilize those electric charging stations (“charging stations” or “chargers”). EVerlong is accessible online including at EVerlongtech.com and as Outlet, the application for mobile devices. The EVerlong websites, blog, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other EVerlong users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and EVerlong.

These Terms, together with the cancellation policy, and the additional EVerlong policies (together, the “Policies”) constitute the “Agreement” between you and EVerlong (each a “Party” and together, “the Parties”). In addition, EVerlong provides a Charging History that summarizes the terms of each reservation, accessible in the Services for any booked or previous visits and you may use it as proof of a reservation.

Modification. EVerlong reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your EVerlong Account within 30 days. If you choose to close your EVerlong Account, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you.

Eligibility, registration, verification

Eligibility

The Services are intended solely for guests who meet our eligibility requirements in the location where the charging station is located and hosts who are 18 or older. Any use of the Services by anyone that does not meet these eligibility requirements is expressly prohibited.

Account Creation

To access certain features of the Services, you must sign up for an account with us (an “EVerlong Account”). You can create an EVerlong Account by providing us your first and last name, email address, mobile phone number, and creating a password or connecting through an account with a third-party site or service (including Apple, Facebook, and Google). When you book the use of a charger as a guest (“guest”), you provide us with certain additional information about yourself. Similarly, when you list a charging station as the owner or host (“host”), you may need to provide us with certain additional information about yourself and your charging station(s). You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your EVerlong Account up to date at all times. Based on information you provide, EVerlong may impose additional requirements for you to book a visit.

Verification

Where permitted, EVerlong has the right, but not the obligation, to undertake screenings, checks, and to engage in processes designed to (1) help verify the identities or check the backgrounds of users and to (2) verify charging station(s) details. EVerlong does not endorse any charging station, user, or a user’s background, or commit to undertake any specific screening process. EVerlong may, in its sole discretion, use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize EVerlong to request, receive, use, and store such information. EVerlong may permit or refuse your request to book your visit or list a charging station in its sole and absolute discretion. EVerlong may, but does not commit to, undertake efforts to ensure the safety of charging stations shared through the Services. EVerlong does not make any representations about, confirm, or endorse the safety, or legal status of any charging stations beyond our policies that require hosts to ensure their charging stations are in safe and operable condition, not subject to any applicable safety recalls, and otherwise satisfy our charging station eligibility requirements.

Fees

Fees

The fees EVerlong charge for using the Services and other cost structures will be itemized at checkout for guests. Guests can verify the amount for the visit at checkout before the submission of the visit request. Hosts can view earnings within the Services. When you provide EVerlong a payment method, you authorize EVerlong, or third-party service providers acting on behalf of EVerlong, to store your payment credential for future use in the event you owe EVerlong any money. You authorize EVerlong to use stored payment credentials for balances, including for host fees and guest fees (e.g., processing and other fees). In some cases, payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to process payments.

Collection of fees

EVerlong and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel.

Taxes

Host Taxes

As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes ("Taxes").

User Agreements

You agree that you will always use your EVerlong Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by EVerlong.

Account Activity. You are, and will be solely responsible for, all activity that occurs through your EVerlong Account. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your EVerlong Account, whether you have authorized such activities or actions. You will immediately notify EVerlong of any actual or suspected unauthorized use of your EVerlong Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your EVerlong Account unless you have reported unauthorized access to us.

Content

EVerlong Content and User Content License. Subject to your compliance with the provisions of these Terms, EVerlong grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any EVerlong and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by EVerlong or its licensors, except for the licenses and rights expressly granted in these Terms.

User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of you, your vehicle, location of charger, or charging station. By making available any content on or through the Services, or through EVerlong promotional campaigns, you grant EVerlong a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. Except as described above with respect to EVerlong photography provided to hosts, EVerlong does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.

Copyright Protection. We respond to notices of alleged copyright infringement and terminate EVerlong Accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws. If you think a user is violating your copyright(s), notify us.

Google terms. Some areas of the Services implement Google Maps/Places mapping services, including Google Places API. In addition, to fight spam and abuse of the Services, EVerlong has implemented reCAPTCHA Enterprise, a Google service. By using the Services, you are bound by Google's Terms of Service.

Prohibited activities

In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:

Violate any law, including:

  • Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights

  • Post false, inaccurate, misleading, defamatory, or libelous content

  • Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to EVerlong, or that comes from the Services and belongs to another EVerlong user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of EVerlong

Dilute, tarnish, or otherwise harm the EVerlong brand in any way, including:

  • Through unauthorized use of the Services and/or user content

  • Registering and/or using "EVerlong" or derivative terms in domain names, trade names, trademarks, or otherwise

  • Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to EVerlong domains, trademarks, taglines, promotional campaigns, or EVerlong and/or user content

Provide or submit any false or misleading information, including:

  • False name, date of birth, driver’s license details, payment method, insurance, or other personal information

  • In relation to a claim (for example about damage to a vehicle or charging station)

  • By registering for a EVerlong Account on behalf of an individual other than yourself or the company you represent

  • Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity

Fail to honor your commitments, including:

  • Fail to pay fees, penalties, or other amounts owed to EVerlong or another user

  • Use the Services to find a host or guest, and then complete a transaction partially or wholly independent of the Services, for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of the Services by EVerlong (aka, gray market transactions, which do not necessarily require the exchange of money)

  • Transfer your EVerlong Account and/or user ID to another party without our consent

Harm or threaten to harm users of our community, including:

  • Harass, stalk, or defame any other EVerlong user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a host or guest in accordance with these Terms

  • Engage in physically or verbally abusive or threatening conduct

  • Use the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers

  • Treat anyone differently based on the way they look, whom they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the EVerlong community.

  • Sue or assert legal claims against EVerlong or a EVerlong user in any manner prohibited or waived by these Terms

Use the Services for your own unrelated purposes, including to:

  • Contact another EVerlong user for any purpose other than in relation to a booking, charger, or the use of the Services by such user

  • Commercialize any content found on the Services or software associated with the Services, including reviews

  • Harvest or otherwise collect information about users without their and our consent

  • Recruit or otherwise solicit any user to join third-party services or websites that are competitive to EVerlong, without our prior written approval

Interfere with the operation of the Services, including by:

  • Interfering with any other user’s listings

  • Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)

  • Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm EVerlong or the interests or property of others

  • Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure

  • Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise

  • Using, displaying, mirroring, or framing the Services or any individual element within the Services, the EVerlong name, any EVerlong trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without the express written consent of EVerlong

  • Accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers

  • Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures

  • Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by EVerlong or any of our service providers or any other third party (including another user) to protect the Services

  • Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information

  • Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services

  • Endeavoring to circumvent a suspension, termination, or closure of your EVerlong Account or the account of another EVerlong user, including, but not limited to, creating a new EVerlong Account or listing charger affiliated with or registered to a EVerlong Account holder that has been suspended, terminated, or closed

Other legal matters

Violations. EVerlong has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.

EVerlong reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that EVerlong, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing EVerlong, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your EVerlong Account and access to the Services, remove hosted content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.

Policy enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.

Communications with you. You agree that EVerlong may contact you by electronic means (e.g., electronic mail; app notification) in lieu of any requirement for mailed notices. To contact you more efficiently, you agree that we may at times also contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We may place such calls or texts to confirm your signup, provide notices regarding your EVerlong Account or EVerlong Account activity, investigate or prevent fraud, collect a debt owed to us or recover unpaid invoices, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute, text, and data charges may apply. Where EVerlong is required to obtain your consent for such communications, you may choose to revoke your consent. You agree that EVerlong may contact you on any day, at any time of day, and in relation with the above purposes.

Non-disparagement. The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party.

Guest Specific Term. The guest that booked the charging period (“primary guest”) is financially responsible for all physical damage to or theft of a charger or charging station that occurs during a visit, plus any additional costs and fees resulting from damage of any kind to the charger, regardless of who is found to be at fault.

Specific terms for hosts

The following sections also apply if you share your charging station through the Services:

Host commitments

As a host, you commit that you will provide a safe location and a charging station in good mechanical condition. You commit that your listings will be complete and accurate, and you will honor all representations made in your listings, including honoring the price quoted to a guest. You will not cancel a booking for the purpose of seeking a higher price from a guest. 

Listing only on the Services

Any charging station you list on the Services must be exclusively listed on the Services. You cannot list any charging station you intend to share on the Services on any other non-EVerlong service. Failure to abide by this condition may result in fines, penalties, denial of physical damage claims, removal of the charger from the Services, account closure, or other action, in EVerlong’s sole discretion.

Pricing, earnings, and payments

You will have the ability to set and revise your charging station’s pricing as you choose. EVerlong will pay you the amount collected from guests that book a visit to your charging station, less the applicable fees payable to EVerlong.

Maintenance

You are required to regularly check your charging station for any defects in its operations or safety. You promise that, at all times, your charging station will be in safe and working condition and in full compliance with all applicable inspection and registration requirements, including any required safety inspections. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your charging station to be booked. In addition, if EVerlong believes that your charging station does not conform to reasonable standards, EVerlong may notify you and reserves the right to remove or decline listing your charging station until its concerns have been resolved. 

Dispute resolution

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION AND THEREFORE AFFECTS YOUR RIGHTS AND GOVERNS HOW CLAIMS YOU AND EVERLONG HAVE AGAINST EACH OTHER ARE RESOLVED.

Subject to applicable law, the Parties agree that any disputes or claims between us relating in any way to, or arising out of, this or previous versions of these Terms, your use of or access to the Services, or any breach, enforcement, or termination of the Agreement will be resolved in accordance with the provisions set forth in this section. 

Pre-arbitration dispute resolution. Should a dispute or claim arise between us, you and EVerlong agree to notify the other Party of the nature of the dispute or claim prior to initiating arbitration, and the Parties will attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact us by email at admin@EVerlongtech.com. Please provide your name, phone number, email, mailing address, and briefly describe both the nature of your dispute and the relief you would like from EVerlong. If the Parties are unable to resolve the claims described in the notice within 30 days after the notice is sent, then the Party intending to pursue arbitration agrees to notify the other Party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with either FairClaims or the American Arbitration Association (“AAA”) as set forth below, pursuant to the FairClaims Rules or AAA’s Consumer Arbitration Rules, as appropriate. A form for initiating arbitration proceedings is available on the FairClaims website or AAA's website. (AAA provides a Demand for Arbitration form.) Any settlement offer made by you or EVerlong shall not be disclosed to the arbitrator.

Applicable law. The below Agreement to Arbitrate evidences a transaction involving interstate commerce and is therefore governed by the Federal Arbitration Act and the applicable procedural rules of FairClaims or AAA, as applicable (see "Arbitration procedures" below). To the extent state law is applicable to the Agreement to Arbitrate, the Parties agree that the substantive law of the state of Delaware will apply, without regard to its conflict of law provisions.

Agreement to Arbitrate. The Parties each agree that any and all disputes, claims, or controversies that have arisen or may arise at any time between you and EVerlong (including its respective subsidiaries, employees, officers, directors, agents, third-party insurance brokers or products, and third-party claims administrators) and/or any other EVerlong user will be resolved by binding arbitration according to the procedure set forth below. For the purpose of this Agreement to Arbitrate, “disputes," "claims,” and "controversies" shall have the broadest possible meaning that will be enforced and includes, any and all disputes and/or claims that arise out of or in any way relate to your relationship with EVerlong, including but not limited to: (1) your use of the Services, (2) the Agreement, these Terms and/or this Agreement to Arbitrate, including the interpretation, validity, enforceability, or scope of this Agreement to Arbitrate, or (3) your use of, or access to the Services, and anything sold, offered, or purchased through the Services (such as booking or listing). Through this Agreement to Arbitrate, and subject to the below exceptions, the Parties intend to arbitrate all disputes or claims regardless of whether they are 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 regardless of whether they arose or accrued before the Parties entered into this Agreement to Arbitrate.  For avoidance of doubt, the Parties expressly agree that this Agreement to Arbitrate encompasses all disputes or claims pertaining to the validity, enforceability, or scope of this Agreement to Arbitrate and any such disputes or claims will be referred to binding arbitration and will be resolved by the arbitrator and not a court.

Exceptions to Agreement to Arbitrate The only exceptions to this Agreement to Arbitrate are as follows:

  • Disputes or claims that can be brought in small claims court

  • Injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. However, the Parties agree that any court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues

  • Any cause of action or claim for relief which cannot be arbitrated as a matter of applicable statute or public policy. However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues

Arbitration procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.

The arbitration will be conducted by FairClaims in accordance with its Arbitration Rules and Procedures effective at the time a claim is made. Where the relief sought is $25,000 or less (not including attorneys' fees and expenses), those Arbitration Rules and Procedures may limit the proceeding to a written submission and, if requested or at the arbitrator’s discretion, there may be a live hearing by teleconference or videoconference. Where the relief sought is $25,001 or more (not including attorneys’ fees and expenses), those Arbitration Rules and Procedures may provide for limited discovery and streamlined proceedings. In the event FairClaims declines to or is unable to adjudicate the claim, the arbitration will be conducted by the AAA under its Commercial Arbitration Rules, as modified by this Agreement to Arbitrate.

In all cases in which a live hearing is requested or required, you and/or EVerlong may attend by video or phone. To the extent a location must be established for the arbitration, it shall be held in the county in which you reside or at another mutually agreed location.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same EVerlong user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Where permitted, the Parties agree that all communications, evidence, and rulings in the arbitration will remain confidential, except as reasonably necessary to enforce or implement such rulings or this Agreement to Arbitrate.

Costs of arbitration. If you initiate arbitration proceedings, you will be responsible for certain costs. Where the relief sought is $25,000 or less (not including attorneys’ fees and expenses), you will be responsible for the initial filing fee, capped at $375, and EVerlong will cover any additional fees or costs. Where the relief sought is $25,001 or more (not including attorneys’ fees and expenses), you and EVerlong will each pay your own arbitration fees consistent with the rules set by FairClaims (or AAA, as applicable) at the time the claim was made, unless otherwise stated in these Terms.

Severability. With the exception of the provisions in the below section “Prohibition of class and representative actions and non-individualized relief,” if an arbitrator or court decides that any part of the Agreement to Arbitrate is invalid or unenforceable, the other parts of the Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in the section “Prohibition of class and representative actions and non-individualized relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, these Terms, and dispute resolution section will continue to apply.

Future amendments to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, the Parties agree that if EVerlong makes any amendment to the Agreement to Arbitrate in the future, that amendment shall not apply to any claim that you filed against EVerlong prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between the Parties. If you do not agree to the amended terms, you may close your account within 30 days of our posting or notification and you will not be bound by the amended terms; provided that the Parties will arbitrate any dispute in accordance with the provisions of the Agreement to Arbitrate as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).

Judicial forum for legal disputes not subject to arbitration. Unless the Parties agree otherwise, in the event that the Agreement to Arbitrate is found not to apply to you or to a particular claim or dispute, whether (1) as a result of your decision to opt out of the Agreement to Arbitrate, (2) as a result of a decision by the arbitrator or a court order, or (3) if one of the above exceptions to the Agreement to Arbitrate applies, you agree that any claim or dispute that has arisen or may arise between the Parties will be resolved exclusively by a state, federal, or small claims court located in Delaware. The Parties agree to submit to the personal jurisdiction of a state court located in New Castle County, Wilmington, Delaware or a United States District Court for the District of Delaware located in Delaware. The Parties agree that the substantive law of the state of Delaware will apply to any such claim or dispute without regard to conflict of law provisions.

Prohibition of class and representative actions and non-individualized relief. THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, WHETHER IN COURT OR ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE, THE COURT OR ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT OR ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS, SUBJECT TO THE ABOVE EXCEPTION ALLOWING PUBLIC INJUNCTIVE RELIEF TO BE SOUGHT IN COURT BUT ONLY IF THAT EXCEPTION IS FOUND TO APPLY.

Governing law. The parties agree that the substantive laws of the state of Delaware apply to these Terms and the Agreement without regard to conflict of law provisions.

General provisions

Termination

You may discontinue your use of the Services at any time and EVerlong may terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release a Party from any obligations it incurred prior to the termination and EVerlong may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.

Disclaimers

EVERLONG PROVIDES SERVICES THAT ENABLE THE BOOKING OF ELECTRIC CHARGING STATIONS BETWEEN HOSTS AND GUESTS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, EVERLONG DOES NOT ITSELF PROVIDE ELECTRIC CHARGERS, ELECTRIC CHARGING, AND/OR CHARGING SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE MANUFACTURER OF THE CHARGER OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. ELECTRIC CHARGER MONITORS OR CHARGING TIMERS). THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, EVERLONG EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EVerlong makes no warranty that the Services, including, but not limited to, the listing and/or any charger, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. EVerlong makes no warranty regarding the quality of any listings, charger, hosts, guests, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from EVerlong, or its service providers or through the Services or content, will create any warranty not expressly made herein.

Limitation of liability and waiver

EXCEPT WHERE PROHIBITED BY LAW, YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST EVERLONG AND ANY OF ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD-PARTY ADMINISTRATORS, OR OTHER AGENTS), OR EMPLOYEES (TOGETHER, THE “EVERLONG PARTIES”) AND ANY EVERLONG USER FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (1) CHARGER AVAILABILITY (E.G., A CHARGER NOT BEING AVAILABLE OR LEFT WHEN IT WAS SUPPOSED TO BE), (2) PROBLEMS WITH A CHARGER (E.G., ANY MALFUNCTION OF OR DEFICIENCY WITH A CHARGER), (3) CHARGER WARRANTY ISSUES (E.G., ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY ASSOCIATED WITH THE CHARGER), (4) THE LEGAL OR LICENSE STATUS OF A CHARGER, HOST, OR GUEST, OR (5) ANY ACTION OR INACTION OF A HOST OR GUEST.

YOU AGREE THAT NEITHER EVERLONG NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR CONNECTION WITH THE FOLLOWING: (1) THE AGREEMENT, (2) THE SERVICES (INCLUDING LISTING OR BOOKING OF ANY CHARGER VIA THE SERVICES), OR (3) INABILITY TO USE THE SERVICES.

Except for our obligations to pay amounts to applicable hosts or guests pursuant to these Terms, in no event will the EVERLONG Parties' aggregate liability arising out of or in connection with the Agreement or your use of the Services, exceed the greater of (1) the amounts you have paid or owe for bookings via the Services as a guest in the twelve month period prior to the event giving rise to the liability, or if you are a host, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or (2) US$100.

EXCEPT WHERE PROHIBITED BY LAW, YOU ALSO WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY EVERLONG USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

THE ABOVE LIMITATIONS OF LIABILITY AND WAIVER PROVISIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EVERLONG AND YOU. THEY SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ANY ASPECTS OF THEM THAT ARE DEEMED VOID OR UNENFORCEABLE SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.

Indemnification

You agree to release, defend, indemnify, and hold EVerlong and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (1) your access to or use of the Services, (2) your violation of these Terms, (3) your user content, (4) your interaction with any other user of the Services, or (5) your booking of a charger or creation of a listing for a charging location. Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a booking or use of a charger. This indemnification provision is a fundamental element of the basis of the bargain between EVerlong and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.

Liquidated damages

You acknowledge that the actual damages likely to result from your breaches of the Agreement by any of the following are difficult to estimate accurately and would be difficult for EVerlong to prove with certainty: (1) engaging in gray market transactions, as defined in these Terms, (2) using the EVerlong domains, trademarks, or taglines without EVerlong's express consent, including without limitation registering website domains or social media handles, or bidding on online advertising keywords, (3) suing or asserting legal claims against the EVerlong Parties or a EVerlong User in any manner prohibited or waived herein, (4) as a host, offering any charger or charging location to a guest that is not safe, non-functioning, or otherwise in an unsafe condition, (5) as a host, cancel or modify a booking to manipulate the price or potential earnings for a charge, or (6) creating or using a EVerlong account that has the effect of circumventing EVerlong’s suspension, termination, or closure of another EVerlong account. You will pay EVerlong $4,000 per breach in Liquidated Damages to compensate EVerlong for any such conduct. This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult to estimate accurately and/or prove with certainty. This liquidated damages provision is a fundamental element of the basis of the bargain between EVerlong and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.

Contact us

EVerlong can be contacted in the United States at admin@EVerlongtech.com. If you have any questions for us concerning the Agreement, or EVerlong generally, please contact us at admin@EVerlong.com.

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Consumer Information Center of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 1-800-952-5210.

Severability and non-waiver

In the event any provision of these Terms is held to be void, voidable, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of any Party to enforce any provision of these Terms shall not be construed to be a waiver of such provision, or any other provision, nor in any way to affect the validity of these Terms or any part of these Terms, or any right of any Party to enforce that provision or each and every other provision at any time. No waiver of any breach of these Terms shall constitute or be deemed a waiver of any other breach.

General

EVerlong does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of EVerlong and EVerlong will not make commitments on your behalf, except as contemplated by the Services or expressly stated in these Terms.

The Agreement, including these Terms, states the entire understanding between you and EVerlong concerning your access to and use of the Services and supersedes any earlier verbal or written communications between us. You may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of EVerlong. You will remain responsible for your obligations hereunder in any event. An EVerlong director or officer must agree to any modification or waiver of any term of the Agreement in writing. Headings are for reference purposes only and do not limit the scope or extent of such section.