RECHARGE SHARING TERMS OF SERVICE
This Agreement creates binding legal obligations on you. If you do not agree to any of the terms of this Agreement, please do not access the , use any of the services offered through the or register an account for such services.
1.1 These terms and conditions constitute the agreement (“Agreement”) between you (“User”) and KAMALETDOS LLC LLC and our affiliates (“we,” “us,” or “RECHARGE”) regarding your use of Recharge powerbank sharing service (“Service”) in the United States of America, and applies to our website https://www.recharge.city (“Website”) and to the Recharge application for mobile devices («Recharge App”) using operating systems such as IOS and Android (the Website and the Recharge App are collectively called the “Platform”).
1.3 We reserve the right to modify the terms of this Agreement at any time. Such changes will become effective when we post the modified Agreement on the Platform. Each time you use the Platform or the Service, the then-current version of this Agreement will apply. If you use the Platform or the Service after a modification of this Agreement, you agree to be bound by the terms of this current version of the Agreement as modified.
1.4 This Agreement contains important information regarding your rights with respect to the Platform and the Service, including your relationship with us. Please read this Agreement carefully and review this Agreement regularly.
2. USER QUALIFICATION
You warrant and represent that:
(a) you are aged 18 years or over; and have the requisite mental and legal capacity to enter into this Agreement and use the Services.
(b) any information you submit to us when using the Service is accurate, complete, and current;
(c) your use of the Service does not violate any applicable law or regulation.
3. USER REGISTRATION
3.1 You shall register with the Platform through mobile phone verification or to become a registered user on the Platform. You acknowledge and agree that the information you provide during the user registration process is accurate and complete, and you shall promptly notify us of any changes to the information.
3.2 The user account (“Account”) you create following the registration process shall be personal to you. You may not transfer your Account to anyone else, nor permit or assist others to use the Service through your Account, except for those individuals or businesses that have been expressly authorized by us to create accounts on behalf of their employers or customers.
3.3 After successfully completing the User registration process, you may start using the Service through the Platform in accordance with this Agreement.
3.4 We reserve the right to suspend, deny or revoke your access to your Account, the Platform and/or the Service at any time and at our sole discretion. If you are suspended or have been denied or had your access revoked, you may lodge a User complaint to firstname.lastname@example.org
4. ACCOUNT SECURITY
4.1 You are responsible for the security of your Account including login information and password(s). Please ensure that you log out at the end of each session when using the Website and leave the Platform following the correct steps. If you disclose your Account information you may be responsible for any losses and consequences of such acts.
4.2 You shall be responsible for all the actions and results carried out under your Account (including, but not limited to, using Recharge powerbanks (“Reharge powerbanks”), returning Recharge powerbanks, releasing information, disclosing information) whether the actions and results have caused any damage to yourself, us or a third party.
4.3 You must notify us via the Platform immediately if you become aware of any unauthorized use of your Account, or other situation that may cause theft or loss of your Account. Upon notice of unauthorized use, we will temporarily lock your Account, but you acknowledge that doing so takes a reasonable amount of time, and it will not be immediate.
4.4 Your Account may only be used by you and may not be shared with any other person. You agree:
(a) to keep your Account details private at all times;
(b) to keep the login verification code to your Account safe and confidential;
(c) not to transfer any part of your Account to anyone else; and
(d) to comply with all applicable laws and the terms and conditions in this Agreement in connection with your Account.
4.5 You shall be responsible for all actions and transactions made through your Account unless you have closed it or reported any misuse of your Account to us via the Platform.
5. USING THE SERVICE
5.1 Using RECHARGE SERVICE:
(a) You must first download the RECHARGE app available in the App Store or Google Play. You’ll need to create or log into an RECHARGE account, providing a valid mobile number and entering the one-time-passcode SMS we send to that number.
(b) Approach the station and type in or scan the QR code in front of a station. This will release a power bank for you to use. If you’re seeking a station, explore the map in the app.
(c) You you must promptly notify RECHARGE of any problem or issue with the battery via the RECHARGE App or customer service email: email@example.com
(d) Subject to Clause 10.1 of this Agreement, if you proceed to use a RECHARGE powerbank in circumstances where:
(i) you have been advised or otherwise informed;
(ii) it is visually apparent and/or
(iii) your inspection indicates, that such RECHARGE powerbank is damaged, defective or otherwise unsuitable to be used, you will be solely responsible, and we will not be responsible for any damage or injury to your body or property or the body or property of any third party arising from the use of such RECHARGE battery.
(e) You must use the RECHARGE powerbank in a reasonable, considerate and lawful manner. You may not damage it or restrict others from using it, including, but not limited to, damaging, vandalizing, extinguishing or concealing the RECHARGE powerbank, removing the cable or other conduct that prevents use of the RECHARGE powerbank by others.
(f) You must return the RECHARGE powerbank in the same condition in which it was rented. If the RECHARGE powerbank is returned damaged or in a state of disrepair, then you will be charged a fee that is equal to the cost of repair.
(g) You may not hire out an RECHARGE powerbank to anyone else, nor may you use an RECHARGE powerbank for conducting any business activity.
(h) In addition to, and not intended to limit, any other restrictions inconnection with your use of an RECHARGE powerbank, you may not:
(i) Modify, dismantle, write on, attach accessories to or otherwise alter or deface an RECHARGE powerbank or any part of an RECHARGE powerbank in any way, or use an RECHARGE powerbank for any advertising or similar commercial purpose;
(ii) Allow others to use an RECHARGE powerbank that you have checked out.
(k) In connection with your use of any RECHARGE powerbank and the Platform, you represent and warrant, as of each time immediately before using any RECHARGE powerbank that:
(i) you acknowledge that RECHARGE does not guarantee that any RECHARGE powerbank will be available at the time and in the place, you wish to use one, especially at times of high demand;
(ii) you acknowledge that RECHARGE does not guarantee that you will be able to return the battery at all times once it has been rented, if all stations in the user’s vicinity are full of batteries. If this does occur, please contact support via the app.
(iii) RECHARGE provides RECHARGE powerbanks only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate an RECHARGE powerbank on their own and who have agreed to all of the terms of this Agreement.
6. RENTAL FEES
6.1 Commencement and Duration of rental period.
Unless otherwise set forth in the App or on the web site, the powerbank rental period begins at the time you release the powerbank from a charging station connected to the RECHARGE network and ends upon your return of the powerbank (in undamaged condition) to the same or another charging station on the network.
6.2 Billing and Charges.
The actual rental costs for your powerbank will be shown upon return of the powerbank to a charging station on the RECHARGE network or in the App / User account. Rental costs vary, depending on where you release a powerbank, how long you use it and where you return it. A free two-hour usage period is provided no more than once a day and can be disabled without warning. You agree that this is sufficient notice for all purposes as to charges incurred and paid to us. You understand and agree that you will not receive a paper statement in the mail.
6.3 Maximum Charge per day.
The maximum charge for a full day (24h) powerbank rent is currently $5.00. This daily rate may change from time to time. If after 24h the powerbank was not returned to a charging station, RECHARGE will continue to bill your default payment method on file the $5.00 daily rate until the powerbank is returned.
6.4 Powerbanks not returned.
Any powerbank that is not returned will be considered stolen starting from the 14th day of rent and its replacement value of $99.00 in addition to the daily rent will be charged. RECHARGE reserves the right to pursue all civil and criminal remedies in case of unreturned, lost or stolen equipment.
6.5 Powerbanks returned in damaged condition.
RECHARGE will try to repair powerbanks returned in damaged condition due to user's fault (and not due to a fault with the charging station or the powerbank itself — in such case please contact firstname.lastname@example.org as soon as possible to report a faulty device). If you as the user in charge of the powerbank caused the damage, you are responsible for aforesaid repair costs. Should a repair be impossible, the replacement value of $99.00 will be charged.
6.6 Payment Authorization.
By using the Service, you authorize automatic Card Payments by RECHARGE. You agree that RECHARGE will bill all powerbank rental fees due to the default payment method stored in your User Account. You must provide current, complete, and accurate information for your billing account, and promptly update us with any changes to your account information, such as changes to your billing address, credit card number, credit card expiration date, or contact email address. You may make changes to such information by updating the information either on the App or on the web site. If you fail to provide us with any of the foregoing information, RECHARGE will continue charging you for any service provided under your account in the same manner it had previously charged.
6.7 Administrative Fees.
Should we not receive your electronic payment by its due date or your payment is returned, we may charge you administrative late or nonpayment fees. Such charges could apply until all delinquent amounts are paid in full. If your bank or other financial institution fails to honor the credit card or debit card payment, we may also charge you a collection fee. You acknowledge that these fees are not interest or finance charges and are reasonably related to the actual expenses we incur due to non-payment.
In the event that at any time you have a complaint or dispute regarding the Service or the Platform you can notify us via the Platform or by sending an email to our customer service email at email@example.com.
8.1 You acknowledge and agree that in order to protect the rights and interests of other users of the Platform and RECHARGE, we may take the following actions without notifying you in advance if we determine, in our sole and absolute discretion, that you have breached any of the terms of this Agreement:
(a) If your breach results in any loss, harm, expense, cost or diminution in value to us (including the cost of management time), we will deduct a corresponding amount from your Account balance to compensate for such loss according to the schedule of charges displayed on the RECHARGE App;
(b) We may suspend your Account or permanently block you from using thePlatform.
8.2 After any of the above actions is taken, we will text you a notification message. If you have any question regarding our handling of your violation, you may appeal to our customer service email at firstname.lastname@example.org
9. OWNERSHIP AND INTELLECTUAL PROPERTY
9.1 Your agreeing to this Agreement and becoming a User only entitles you to the Service in accordance with the terms and conditions set out in this Agreement. There is no other authorisation, cooperation, partnership or agency between you and us.
9.2 You acknowledge that all intellectual property rights in and to the Platform (including copyright, trademarks, trade names, logos, source and object codes) and relevant proprietary confidential information in the Platform is and shall remain the exclusive property of us or our licensors and nothing in this Agreement shall operate to transfer any intellectual property rights in and to the Platform or any other intellectual property rights owned by us or our licensors to you. You acknowledge and agree that, without the express written authorisation of the owner of such intellectual property rights, you may not use, modify, rent, let, sell, transmit or otherwise violate the above intellectual property rights (such as reverse engineering, decompiling).
9.3 The name and logos of RECHARGE are trademarks and trade names of ours and may not be duplicated, imitated or used in whole or in part without our prior written approval. In addition, you acknowledge and agree that all pages, text, graphics, images, button icons and scripts on the Platform form are owned by us and you shall not, or cause any third party to, duplicate, imitate or use in whole or in part without our prior written approval.
9.4 We grant you a limited, royalty-free, non-exclusive, personal, revocable and non-transferable, license to download and use the RECHARGE App for your own personal, non-commercial purposes, subject to your compliance with this Agreement. You may use the RECHARGE App and our Service only as permitted by this Agreement.
(a) You may terminate your license by deleting certain content you have provided or closing your account on the Platform, unless it takes some time to remove the content from the backup system and other systems.
(b) We will not use your content to advertise other products and services (including sponsored content) without your consent.
(c) We shall obtain your consent if we intend to grant others the right to release your content outside the Platform.
(d) We may edit your content and adjust its format (such as translating it, modifying the font, layout or file name or removing metadata), but we will not modify its meaning.
(e) With regard to any suggestion or other feedback about the Service you submit, you agree that we may (but are not obliged to) use and share such feedback for any purpose without any compensation to you.
YOUR LICENSE TO USE MATERIALS
You also agree that you will not (or aid or abet any third party to): (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage); (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way except as specifically permitted by these Terms or otherwise in writing by Recharge; or (c) provide access to any RECHARGE or Materials via any medium without the prior written consent of an authorized representative of Recharge.
COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY
You may not use the RECHARGE for any purpose or in any manner that infringes the rights of any third party. RECHARGEencourages you to report any content on the RECHARGE that you believe infringes your rights. If you have a good faith belief that content on the RECHARGE infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
Copyright. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), RECHARGEhas a designated agent for receiving notices of copyright infringement and RECHARGEfollows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Recharge’ copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10.1 You agree, without limitation, to indemnify and hold RECHARGE and its employees and agents harmless from any liability arising out of or in any way connected to your use of any RECHARGE powerbank or the Platform caused by your acts, omissions or negligence.
10.2 You agree to indemnify and hold RECHARGE and our associated parties jointly providing the Service with us, harmless from all liabilities, claims, losses, damages, expenses, costs (including legal fees incurred at trial, on appeal, or otherwise), debts, fines, penalties and charges, whether direct or indirect, including consequential, exemplary, incidental, special, punitive, lost profits, or otherwise that arise out of or relate to (i) your misuse or inability to use the Platform, (ii) your misuse of any information on or from the Platform, (iii) any unauthorised access or alteration of your transmission or data in connection with the Platform, (iv) any prohibited or malicious action or inaction by you that disrupts the Platform or the Service.
10.3 If your conduct causes us to pay third parties’ claims, we may claim from you for all the losses after we undertake monetary and other obligations to third parties.
You represent and warrant that: (i) you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf; (ii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms; and (iii) by renting or purchasing Items from us, you acknowledge and represent that you are authorized to use the payment card used for your rental or purchase of Item(s).
You also agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Recharge and you will be responsible for all charges related thereto.
11.TERMINATION OF THIS AGREEMENT
11.1 User Termination. You may terminate this Agreement in any of the following ways:
(a) If you notify us via the Platform at any time that you wish to cease using the Service and the Platform;
(b) If you cease using the Service and the Platform and expressly reject any changes to this Agreement before such changes become effective.
11.2 Termination initiated by RECHARGE. We may terminate this Agreement in any of the following ways:
(a) If you breach any of the terms of this Agreement;
(b) If you fail to pay any sums due under this Agreement within 7 days of the date due;
(c) If in our opinion your continued use of the Service or the Platform would be detrimental to the Service, the Platform or other users;
(e) If you expressly reject any changes to this Agreement notified to you from time to time.
11.3 Settlement after Termination
(a) Upon the termination of this Agreement, we shall still have the rights to make claims against you in accordance with this Agreement for any prior breaches by you or any outstanding financial obligations you may have.
12. COVENANTS AND PROHIBITIONS
12.1 Covenants. You shall ensure that your conduct is in compliance with the following requirements when you access or use the Service:
(a) Compliance with all the applicable laws, including but not limited to tort law, privacy laws, intellectual property laws, tax laws and regulatory requirements;
(b) Provision of accurate information and updating them in a timely manner;
(c) Using your real name, identity and other personal information in the personal data file;
(d) Using the Service in a civilized and proper manner.
12.2 Prohibitions. You covenant that you will not use the Platform to conduct any illegal activity or any of the following acts:
(a) Using the Platform when you do not have the legal capacity, or you are suspended from using the Service temporarily or permanently;
(b) Transferring your Account to any third party without our consent;
(c) Infringing others’ legal rights and interests in any way through the Platform, including collecting any other person’s login information or other personal information, using or attempting to use any other person’s account, harassing, insulting, threatening, coercing or hurting any other person, or sending any other person junk mails or other unwelcome messages or infringing any other persons’ intellectual property rights, etc.;
(d) Interfering or sabotaging the Platform, its server or its network, or creating unreasonable or inappropriate load on our server or system by any means, or conducting any activity that may result in breakdown, overloading or damages (including spreading worms, viruses, spywares, malwares or other destructive codes) or implanting content or codes on user browsers or devices, or altering or disturbing the render effects or display of our website on the user browser or device by other means, or uploading viruses or other malicious codes;
(e) Without legal authorisation, using techniques on purpose to intercept, tamper, steal, record, visit, collect, store, use, spread, disclose or delete information that you are not authorised to access from the Platform, such as other users’ personal information, content or data relating to competitive services (determined at our discretion) or other confidential information which does not belong to you;
(f) Violating or evading any laws or any of our policies or rules or any decisions about your Account status;
(g) Taking any action to evade our technical and security measures;
(h) Infringing our intellectual property rights or other rights, including but not limited to using RECHARGE or our other commercial logos in any commercial name, email or website, deleting any notification contained in our services on copyrights, trademarks or other ownership, damaging any of our patents, copyrights, proprietary technology, programs, software or data base information that we possess or legally use, through copying, disseminating, publicizing, decoding, partitioning or producing derivatives etc.;
(i) Without our explicit consent, implying or stating that you are an affiliate of the Platform or have any agency relationships with it.
(j) Without our permission, renting, leasing, lending, borrowing, trading, selling or reselling our services or other relevant information or data, or monetizing or commercializing any of our service functions;
(k) Deleting, shielding or hiding any advertisement in our services;
(l) Using automatic programs or other automatic methods to visit our service, adding or downloading address books or sending or redirecting messages;
(m) Duplicating, modifying or creating derivatives of the Platform or any other relevant technologies (except otherwise authorised by us), or monitoring the usability, performance or functions of our services for competition purposes, or participating in establishing frame, making mirror images or other activities of imitating the appearance of our website or functions, or changing, modifying, re-editing or altering our services, or changing, modifying or altering other websites in order to create a wrong impression that such websites are related to our services.
(n) Visiting our Service via web pages not expressly provided by us;
(o) Rewriting any security functions of our Services or the Platform;
(p) Assisting or encouraging any violation of this Agreement or our policies;
(q) using our Service and RECHARGE powerbanks for any unlawful or illegal activity or which would be considered offensive and/or antisocial behavior; an
(r) Any other unlawful conduct detrimental to the Service and/or the Platform.
12.3 Although we impose standards for conduct on our users, we do not control or regulate our users’ conduct on the Platform. Therefore, we will not be responsible for any content or information disseminated or shared by the users on the Platform. If you believe that a user has violated the terms of this this Agreement or any of our policies, then please contact us. Although we try to maintain a safe environment, we are not responsible for the posts of any users and disclaim any liability for the conduct or content of any users. If you, under any circumstance, and without our authorisation, commit any prohibited act, or publicise or disseminate any prohibited information, you will be solely responsible for all related liabilities and risks.
RECHARGE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS AND ITEMS, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, RECHARGEAND ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, PARENT COMPANY, AGENTS, VENDORS AND CONTRACTORS (COLLECTIVELY, THE "RECHARGEPARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE RECHARGE; (B) THE MATERIALS OR ITEMS ON OR PROVIDED THROUGH THE RECHARGE; (C) USER CONTENT OR WIDGETS; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE RECHARGE; (E) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE MOBILE QUBES , INCLUDING, WITHOUT LIMITATION, ITEMS; OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM RECHARGEOR VIA THE RECHARGE. IN ADDITION, THE RECHARGEPARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM VIRUS.
THE RECHARGEPARTIES DO NOT REPRESENT OR WARRANT THAT THE RECHARGE, THE ITEMS OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE RECHARGE OR THE SERVERS THAT MAKE SOME OF THE RECHARGE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE MOBILE QUBES PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE RECHARGE ARE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE MOBILE QUBES , THAT YOUR USE IS AT YOUR SOLE RISK. THE MOBILE QUBES PARTIES DO NOT WARRANT THAT YOUR USE OF THE RECHARGE OR ITEMS ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE RECHARGEPARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.
BY ACCESSING OR USING A RECHARGEPLATFORM YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THAT RECHARGEPLATFORM.
THE RECHARGEPARTIES DO NOT ENDORSE THE USER CONTENT OR COLLABORATIVE CONTENT, ARE NOT RESPONSIBLE FOR THE USER CONTENT OR COLLABORATIVE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT OR COLLABORATIVE CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OR COLLABORATIVE CONTENT OBTAINED THROUGH A RECHARGEPLATFORM.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE RECHARGEPARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) A RECHARGEPLATFORM; (B) THE MATERIALS OR PRODUCTS; (C) USER CONTENT OR WIDGETS; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF A RECHARGEPLATFORM, PRODUCT, PROMO CODE OR MATERIALS; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE RECHARGEPARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF A RECHARGEPLATFORM, MATERIALS, PRODUCT OR PROMO CODE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER RIGHTS OWNERS; (G) ANY ERRORS OR OMISSIONS IN A RECHARGEPLATFORM'S TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY COMPUTER, HARDWARE, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE RECHARGEPARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF A RECHARGEPLATFORM). IN NO EVENT WILL THE RECHARGEPARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE MOBILE QUBES PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNT WE CHARGED YOU FOR THE TRANSACTION. YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR A DEFECTIVE RENTAL OR PURCHASE IS A SUBSTITUTE RENTAL OR PURCHASE OF EQUAL OR LESSER VALUE FOR THE SAME TYPE OF PRODUCT. IF YOU BELIEVE YOU RECEIVED A DEFECTIVE PRODUCT; YOU MUST CONTACT RECHARGECUSTOMER SERVICE, OTHERWISE MOBILE QUBES WILL ASSUME THAT THE DEFECT OCCURRED DURING YOUR RENTAL PERIOD
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF RECHARGEACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE RECHARGEPARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED, CONTROLLED, OR UTILIZED BY THE RECHARGEPARTIES.
GOVERNING LAW; DISPUTES
THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO A RECHARGEPLATFORM, THE USE OR ACCESS THEREOF, OR THESE TERMS MUST BE IN THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK COUNTY AND YOU CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN NEW YORK COUNTY FOR ANY SUCH LEGAL PROCEEDING. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY RECHARGEPLATFORM MUST BE COMMENCED IN ACCORDANCE WITH THE NEW YORK STATUTE OF LIMITATIONS, OR SIMILAR APPLICABLE FEDERAL LAWS.