Read these Terms & Conditions of Service ("Terms") carefully as it contains important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, and a clause that governs the jurisdiction and venue of disputes.
Last Updated: Nov 24, 2019
EVbloom, Inc. (hereafter referred to as "EVbloom", "we", "us", or "our") provides an online platform that connect electric vehicle charging stations hosts (hereafter referred to as "Host" or "Hosts") who create listings for electric vehicle charging stations that are made available for booking by Drivers (defined below) seeking to book charging services (collectively, the "Services"), which Services are accessible at pilot.EVbloom.com and www.EVbloom.com and any other platform through which EVbloom makes the Services available (collectively, the "Site") and via applications for mobile devices (collectively, the "Application" or "App"). The terms "Service" or "Services" refer to any services we offer, including all EVbloom mobile and web applications as well as any and all marketing channels where Collective Content may be disseminated in EVbloom’s sole discretion. The terms "You" or "Your" refer to the users of the EVbloom Service. The terms "Host" or "Hosting" refer to the act of providing Drivers with access to an electric vehicle charging stations in accordance with the terms of the rental agreement as described herein. The terms "Rent" or "Renting" refer to the temporary lease of the Host’s electric vehicle charging station in accordance with the terms of the rental agreement as described herein. The terms "Station" or "Listing" refers to the electric vehicle charging station or electrical outlet rented or offered for rental by a Host. The term "Driver" refers to the electric vehicle driver who rents and uses a Host’s Station in accordance with the terms of the rental agreement as described herein. The term "Booking" refers to a confirmed transaction between Host and Driver whereby the Driver charges their electric vehicle with the Host’s Station at a designated date and time. "Member" means a person who completes EVbloom's account registration process, including, but not limited to Hosts and Drivers, as described under "Account Registration" below. "EVbloom Content" means all Content that EVbloom makes available through the Site, App or Services, including any Content licensed from a third party, but excluding Member Content. "Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, App or Services. "Collective Content" means Member Content and EVbloom Content. "Content" means text, graphics, images, software, audio, video, information or other materials.
EVbloom makes available a platform or marketplace with related technology for Drivers and Hosts to meet online and arrange for bookings of electric vehicle charging stations and electrical outlets suitable for charging electric vehicles ("Stations"). EVbloom is not an owner or operator of properties, nor is it a real estate broker. EVbloom does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties. EVbloom's responsibilities are limited to: (i) facilitating the availability of the Site, App and Services and (ii) serving as the limited agent of each Host for the purpose of accepting payments from Drivers on behalf of the Host. By using the Site, App or Services you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a member, or other registered user of the Services. These Terms govern your access to and use of the Site, App, Services and Collective Content (defined below), which constitute a binding legal agreement between you and EVbloom. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services, Site, App, or Collective Content. Unauthorized or improper use of the Services or a violation of the Terms of Services set forth herein may result in your being banned from EVbloom or other shared service business and may subject you to civil liability and/or criminal penalties.
YOU UNDERSTAND AND AGREE THAT EVbloom IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND DRIVERS, NOR IS EVbloom A REAL ESTATE BROKER, REAL ESTATE AGENT, INSURER, OR ESCROW AGENT. EVbloom HAS NO CONTROL OVER THE CONDUCT OF HOSTS, DRIVERS AND OTHER USERS OF THE SITE, APP, AND SERVICES, AND DISCLAIMS ANY AND ALL LIABILITY.
THE SITE, APP AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF ELECTRIC VEHILCE CHARGING STATIONS AND ELECTRICAL OUTLETS FOR CHARGING ELECTRIC VEHILCES. EVbloom CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTING NOR THE CONDITION, LEGALITY OR SUITABILITY OF ANY ELECTRIC VEHICLE CHARGING STATION OR ELECTRICAL OUTLET. EVbloom IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM THE CONTENT OF ANY LISTING.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APP OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, APP OR THROUGH THE SERVICES, OR BY REFERRING OTHERS, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE, APP, SERVICES, OR COLLECTIVE CONTENT. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APP, SERVICES, OR COLLECTIVE CONTENT. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY, AND ITS SUCCESSORS AND ASSIGNORS.
The Site, App and Services can be used to facilitate the listing and booking of Stations. Such Stations are included in Listings on the Site, App and Services by Hosts. You may view Listings as an unregistered visitor to the Site, App and Services; however, if you wish to book a Station or create a Listing, you must first become a Member by registering to create a EVbloom Account (defined below). Both unregistered visitors and Members agree to be bound by all of the terms and conditions set forth herein.
The Site, App and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, App or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, App or Services you represent and warrant that you are 18 or older.
In order to book a Station or create a Listing on EVbloom, you must register to create an account ("EVbloom Account") and become a Member. You may register to join the Services directly via the Site or App as described in this section.
We will create your EVbloom Account and your EVbloom Account profile page for your use of the Site or App based upon the personal information you provide to us. You may not have more than one (1) active EVbloom Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. EVbloom reserves the right to suspend or terminate your EVbloom Account and your access to the Site, App and Services if you create more than one (1) EVbloom Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. 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 EVbloom Account, whether or not you have authorized such activities or actions.
It is Host’s sole right to check the Driver's background, credit history and/or criminal history and refuse to rent to Driver, or terminate Driver's booking of the Host's Station, as the case may be, upon receipt of such information. EVbloom does not perform such background, criminal history or credit checks, and you hereby release and hold EVbloom harmless from any and all liability resulting from Host’s performance or failure to perform, such checks, or from Hosts actions upon receiving background information on Driver.
Driver agrees to immediately notify Host of changes in Driver's email address, phone number or other information. Notice of a change of Driver’s or Host’s phone numbers may be made orally or in writing. Driver is strongly encouraged to keep Host informed of any anticipated changes that may affect the terms of charging services.
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Station to be listed, including, but not limited to, the location, access information, charger type, charger make, charger model, voltage, amperage, electric utility provider, electric utility rate structure, availability of the Station and pricing. In order to be featured in Listings via the Site, App and Services, the Station must have a valid physical address. Listings will be made publicly available via the Site, App, and Services. Other Members will be able to book your Station via the Site, App and Services based upon the information provided in your Listing. You understand and agree that once a Driver requests a booking of your Station, the price for such booking may not be altered.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Driver's use of, a Station in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Station included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that EVbloom assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations.
EVbloom reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that EVbloom, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, App or Services.
You understand and agree that EVbloom does not act as an insurer or as a contracting agent for you as a Host. If a Driver requests a booking of your Station and uses your Station, any agreement you enter into with such Driver is between you and the Driver and EVbloom is not a party thereto. Notwithstanding the foregoing, EVbloom serves as the limited authorized agent of the Host for the purpose of accepting payments from Drivers on behalf of the Host and is responsible for transmitting such payments to the Host.
If you are a Host and a booking is requested for your Station via the Site, App and Services, you will be required to either confirm or reject the booking as soon as possible and within 48 hours of when the booking is requested (as determined by EVbloom in its sole discretion) or the booking request will be automatically cancelled. When a Booking is requested via the Site, App and Services, we will share with you (i) the first and last name of the Driver who has requested the Booking, (ii) the start and end dates/times of the requested Booking period, (iii) the earnings you will receive if you accept and complete the Booking request, (iiii) a link to approve the Booking online in your account. If you are unable to confirm or decide to reject a booking of a Station within such 48 hour period, any amounts collected by EVbloom for the requested booking will be refunded to the applicable Driver's account.
The price displayed for each Listing is comprised of the Station Fees (defined below) and the Service Fees (defined below.) Where applicable, Taxes may be charged in addition to the Station Fees and Driver Fees. The Station Fees, the Service Fees, and applicable Taxes are collectively referred to in these Terms as the "Total Fees". The amounts due and payable by a Driver solely relating to a Host’s Station are the "Station Fees".
Drivers agree to pay EVbloom for the Total Fees for any booking requested in connection with their EVbloom Account if the applicable Host confirms such requested bookings. In order to submit a Booking request to a Host, a Driver must purchase EVbloom credit though the wallet feature within the EVbloom Site, App, and Services, herein referred to as “Wallet.” Once EVbloom receives confirmation of Driver’s booking from the applicable Host, EVbloom will deduct the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing from the Driver’s Wallet. Please note that EVbloom cannot control any fees that may be charged to a Driver by his or her bank related to EVbloom’s collection of the Total Fees, and EVbloom disclaims all liability in this regard. If a Driver attempts to submit a Booking request in which the Total Fees exceed the balance within their Wallet, EVbloom will prompt the Drivers to purchase additional EVbloom credit before their Booking request can be submitted.
Driver acknowledges and agrees that Driver, and not EVbloom, will be responsible for performing the obligations of any such agreements, that EVbloom is not a party to such agreements, and that, with the exception of its payment obligations above, EVbloom disclaims all liability arising from or related to any such agreements.
The Driver may only access the Host’s Station during the date and time of the Booking. The Host is responsible for providing you with adequate access information to locate and connect with the Station. EVbloom does not guarantee the condition of the Station or the Driver’s ability to access electricity from the Station. You agree to only access and use a Host’s station during the date and time of a Booking confirmed by the Host. You will not access a station before or after a confirmed Booking unless another Booking has been confirmed for a future date and time. You agree to leave your vehicle on the Host’s property during the time of your Booking and understand that you are not allowed to stay in your vehicle or on the Host’s property during the time of your Booking. Failure to comply with this requirement may result in the cancellation of your EVbloom Account at the sole discretion of EVbloom.
Station Fees for each Booking include the Electricity Fees calculated by EVbloom and the Access Fees designated by the Host. Electricity Fees are calculated by EVbloom based on the Driver’s vehicle type and specifications, the Host’s Station type and specifications, the Host’s electric utility provider and rate structure, and the date and time of the Booking. Electricity Fees are an estimation of the cost of the electricity provided by the Host to the Driver and are not guaranteed to represent the actual cost of this electricity. EVbloom utilizes its Smart Pricing algorithm to estimate these Electricity Fees for each transaction. Hosts are responsible for reviewing the total Station Fees charged to each Driver for each Booking and approving these Station Fees before accepting a Booking. By accepting a Booking request from a Driver, a Host agrees to be paid out the specified Station Fees for that specific Booking. Hosts acknowledge that Station Fees will be stored in Host’s account and can be at any time either (1) converted into charging credit to use at other EVbloom stations, or (2) paid out to the Host via paper check. Earnings are converted to charging credit immediately upon request. Checks will be mailed to the Host’s address specified in the Listing. Checks will be processed and mailed within five (5) business days of when the Host requests their payout via paper check through the Site, App, and Services. EVbloom will deliver paper checks through the United States Postal Service (USPS). Payment is considered delivered upon postmark with the USPS. if they do not receive payment within 30 days after a Booking period is over. Hosts also acknowledge that they are responsible for registering and filing any applicable state or federal taxes. EVbloom is neither responsible nor liable for notifying, collecting or paying any such taxes. Hosts agree to never insist, ask, or insinuate to a Driver that he or she pay any or all of the Station Fees directly to Host with a check, cash, or any payment method other than by payment through EVbloom.
EVbloom will charge a fee to Drivers based upon a percentage of applicable Station Fees, which are referred to herein as "Service Fees". The standard Service Fee charged by EVbloom is twenty (20) percent of the applicable Station Fee. The Service Fees are added to the Station Fees to calculate the Total Fees. Except as otherwise provided herein, Service Fees are non-refundable. EVbloom will deduct the Total Fees from the Driver’s EVbloom wallet at the time of booking confirmation (i.e. when the Host confirms the booking) and will credit payment of Station Fees to Host’s EVbloom payouts account within (1) business day of when the Booking occurred at the Host’s station.
If as a Driver or a Host, you must cancel a confirmed booking, you must do so directly within the EVbloom Site, App and Services. If, as a Driver or Host, you wish to cancel a confirmed booking made via the Site, App and Services, prior to 24 hours before the confirmed booking start date, then no penalties will occur.
If a Host needs to cancel less than 24 hours prior to the confirmed booking start date, then the Host will receive a Warning. Multiple Warnings may lead to Host being banned from the Site, App and Services at the sole discretion of EVbloom.
Any request for a refund of the Station Fees and other amounts charged to you shall be subject to EVbloom’s cancellation policy as set forth below.
If a Host cancels a confirmed booking made via the Site, App and Services, EVbloom will credit the Total Fees for such booking to the applicable Driver’s EVbloom wallet within a commercially reasonable time of the cancellation.
If a Driver cancels a confirmed booking via the Site, App, and Services, prior to 24 hours before the confirmed booking start date, EVbloom will refund the Station Fees and the Service Fees for such booking to the applicable Driver within a commercially reasonable time of the cancellation. If a Driver cancels a confirmed booking via Site, App, and Services, within 24 hours before the confirmed booking start date, the Driver will be charged a cancellation fee of the lesser of $2.00 or the cost of the Booking. If the Driver is owed a refund after deducting the cancellation fee from the Total Fees for the cancelled Booking, the amount will be credited to the Driver’s EVbloom wallet within a commercially reasonable time of the cancellation.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. EVbloom cannot and does not offer Tax-related advice to any Members of the Site, App and Services. Additionally, please note that each Host is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.
In the event that a Driver damages a Station by improper use or neglect, EVbloom reserves the right to charge the Driver’s credit card or authorized payment method in order to reimburse Host for damages. Damage to a station includes, but is not limited it: damage to charging cord or port, damage to charging station faceplate, damage to charging station post or pedestal, damage to electrical outlet, damage to wall or building supporting charging station or outlet, and damage to electrical wires, electrical conduit, or service panels.
In the event that EVbloom is unable to obtain compensation from Driver, EVbloom reserves the right to pay Host’s loss, such amount and terms of payment to be determined in EVbloom’s sole discretion. Such payment is never obligated; rather, any reimbursement to Host shall be determined in good faith. Hosts and Drivers rate and review each other, and if a complaint is lodged, EVbloom reserves rights to terminate membership, in its sole discretion, or to furnish such information to other shared service businesses.
EVbloom does not endorse any Members or any Station. You are responsible for determining the suitability of others who you contact or contact you via the Site, App and Services. EVbloom will not be responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, App or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from EVbloom with respect to such actions or omissions.
DRIVER AGREES NOT TO USE THE STATION FOR ANY UNLAWFUL PURPOSE. THE STATION IS TO BE USED BY DRIVER ONLY FOR CHARGING THEIR SPECIFIC VEHILCE REGISTERED ON THEIR DRIVER PROFILE WITH EVbloom. CHARGING OF ANOTHER VEHILCE OTHER THAN THE VEHILCE REGISTERED TO A SPECIFIC BOOKING WITH EVbloom IS EXPRESSLY PROHIBITED DURING THE TIME OF THE BOOKING. USE OF THE STATION FOR ANY PURPOSE OTHER THAN FOR LAWFUL ELECRIC VEHILCE CHARGING, SUCH AS USE OF THE STATION FOR LOITERING, DRUG USE OR SEXUAL ACTIVITY IS EXPRESSLY PROHIBITED.
Upon breach, or Host's reasonable suspicion of breach, of these terms, the Driver agrees that the Host has the right to immediately terminate the booking agreement and to ask Driver to remove their vehicle from the Host’s premises. Host shall provide reasonable notice and opportunity for Driver to cure such breach or otherwise remove their vehicle. If Driver does not remove their vehicle upon reasonable notice and opportunity to cure, the vehicle may be removed by Host and Driver shall be subject to towing and storage fees. Host may also contact Law Enforcement or other authorities to report illegal activities of Driver. Driver agrees to release, indemnify, and hold Host harmless from and against any and all liability arising from or relating to the removal or forfeiture of Driver’s vehicle, or the Driver’s breach of this provision, including any allegations or investigations relating thereto. Driver shall forfeit all Station Fees paid up until the time of termination hereunder.
Driver shall remove their vehicle from the Station at the end of a Booking. If Driver fails to remove their vehicle within fifteen (15) minutes following the end of a Booking, Host reserves the right to remove the vehicle from their property at the expense the Driver. Hosts agree to attempt to contact a Driver as reasonably appropriate before removing their vehicle from Host’s property and provide an opportunity for the Driver to remedy the situation.
Driver agrees that the use of the Station is at Driver's sole risk. Driver agrees that, without limiting any duties of the Host to take reasonable steps to protect Driver’s property, Host shall have no liability to Driver or Driver's invitees for any personal or bodily injury except in the event of Host’s gross negligence or willful misconduct. Driver hereby waives and disclaims any and all claims or causes of action Driver may have against Host, in the event of personal or bodily injury to Driver or Driver’s invitees, except as a result of Host’s gross negligence or willful misconduct.
Driver, Driver's employees, agent, family, guests and other invitees must comply with Host's rules and policies and with any other rules contained in the Listing or in any correspondence or other written communication between Host and Driver, be it through EVbloom’s messaging system, email or exchanged between the Host and Driver at the time of leasing or mailed or hand-delivered to Driver at any time.
Driver will be in "default" if: (a) Driver has failed to pay any sum when due under the Listing, or (b) Driver has failed to notify Host of a change in Driver's email address or phone number as required in these terms; or (c) Driver has provided false or incorrect information to Host; or (d) Driver has failed to comply with any other provision of these Terms, or any supplemental rules in the Listing or provided by Host; or (e) Driver has violated health, safety or criminal laws on the Host's property, regardless of whether arrest or conviction has occurred. Failure of EVbloom or Host to enforce any of these Terms shall not constitute waiver of such Term(s).
If Driver is in "default," Host shall take reasonable steps to notify Driver of such default, and provide Driver a reasonable opportunity to cure such default. If Driver fails to cure such default, after receiving such notice and opportunity to cure, Host may exercise one or more of the following remedies:
YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL LAWS, RULES, REGULATIONS, AND TAX OBLIGATIONS THAT MAY APPLY TO YOUR USE OF THE SITE, SERVICES AND CONTENT.
In connection with your use of our Site, App and Services, you may not and you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
use manual or automated software, devices, scripts robots, other means or processes to access, "scrape", "crawl" or "spider" any web pages or other services contained in the Site, App, Services or Content;
use the Site, App or Services for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access any information contained on the Site, App, Services or Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Site, App or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site, App or 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 or credit, debit, calling card or account numbers;
use our Site, App or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
"stalk" or harass any other user of our Site, App, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a EVbloom Driver or Host;
offer, as a Host, any Station that you do not yourself own or have permission to rent (without limiting the foregoing, you will not list Station as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);
offer, as a Host, any Station that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
register for more than one EVbloom Account or register for a EVbloom Account on behalf of an individual other than yourself;
contact a Host for any purpose other than asking a question related to a booking, such Host's Station or Listings;
contact a Driver for any purpose other than asking a question related to a booking or such Driver's use of the Site, App and Services;
when acting as a Driver or otherwise, recruit or otherwise solicit any Host or other Member to join third party services or websites that are competitive to EVbloom, without EVbloom’s prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information or otherwise interact with the Site, App or Services;
use the Site, App and Services to find a Host or Driver and then complete a booking of a Station transaction independent of the Site, App or Services in order to circumvent the obligation to pay any Service Fees related to EVbloom's provision of the Services;
as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site, App or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Site, App, or any individual element within the Site, App or Services, EVbloom's name, any EVbloom trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without EVbloom's express written consent;
access, tamper with, or use non-public areas of the Site, App, EVbloom's computer systems, or the technical delivery systems of EVbloom's providers;
attempt to probe, scan, or test the vulnerability of any EVbloom system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by EVbloom or any of EVbloom's providers or any other third party (including another user) to protect the Site, App, Services, or Collective Content forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, App, Services or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, App, Services, or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
If you rent Station to anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who
engages in offensive, violent or sexually inappropriate behavior,
you suspect of stealing from you, or
engages in any other disturbing conduct,
You should immediately report such person to the appropriate authorities. Provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, App and Services, and (b) deactivate or cancel your EVbloom Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event EVbloom terminates these Terms, or your access to our Site, App and Services or deactivates or cancels your EVbloom Account you will remain liable for all amounts due hereunder. Please note that if your EVbloom Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, App and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE AND SERVICES YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT EVbloom DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APP AND SERVICES AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EVbloom 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. EVbloom MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY STATION WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. EVbloom MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, STATION, SERVICES, OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EVbloom OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR DRIVERS. YOU UNDERSTAND THAT EVbloom DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY STATION. EVbloom MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, DRIVERS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY EVbloom. NOTWITHSTANDING EVbloom’S APPOINTMENT AS THE LIMITED AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM DRIVERS ON BEHALF OF THE HOSTS, EVbloom EXPLICITLY DISCLAIMS ALL LIABILITY, OF ANY KIND OR NATURE, FOR ANY ACT OR OMISSION OF ANY DRIVER OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY STATION VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF EVbloom WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER EVbloom NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY STATION VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EVbloom HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS, IN NO EVENT WILL EVbloom’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY STATION VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES AND COLLECTIVE CONTENT AND IN CONNECTION WITH ANY STATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A DRIVER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY EVbloom TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EVbloom AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold EVbloom and its affiliates and subsidiaries, and their 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:
(a) your access to or use of the Site, App, Services, or Collective Content or your violation of these Terms;
(b) any injury occurring to any person or property as a result of the use, occupancy, travel to or from, or the entry or exit from, any Station by you; and
(c) your (i) interaction with any Member, (ii) booking of a Station, (iii) creation of a Listing or (iv) the use, condition or rental of a Station by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Station.
The Site, App, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, App, Services, and Collective Content, including all associated intellectual property rights is the exclusive property of EVbloom and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, App, Services, and Collective Content.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, App and Services, you hereby grant to EVbloom a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, though, or by means of the Site, App and Services. EVbloom does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, App and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, App and Services or you have all rights, licenses, consents and releases that are necessary to grant to EVbloom the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or EVbloom’s use of the Member Content (or any portion thereof) on, through or by means of the Site, App and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, App and Services may contain links to third-party websites or resources. You acknowledge and agree that EVbloom is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by EVbloom of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
All trademarks, service marks, logos, trade names and any other proprietary designations of EVbloom used herein are trademarks or registered trademarks of EVbloom. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
If a dispute arises between you and EVbloom, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and EVbloom agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Other than those matters listed in Section 24.2, you and EVbloom agree to seek resolution of the dispute only through arbitration of that dispute in accordance with the terms of this Section 24, and not litigate any dispute in court. Arbitration means that the dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
YOU AND EVbloom AGREE THAT ANY CLAIM FILED BY YOU OR BY EVbloom IN SMALL CLAIMS COURT OR BY EVbloom RELATED TO PROTECTION OF EVbloom’S OR ANY EVbloom LICENSOR’S INTELLECTUAL PROPERTY ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION 24.
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN THIS SECTION 24, YOU MUST NOTIFY EVbloom IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU FIRST ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO EVbloom TERMS ADMINISTRATOR, HEATHER HOCHREIN AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR USERNAME, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH EVbloom THROUGH ARBITRATION.
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND EVbloom SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
If you or EVbloom elect to resolve your dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association ("AAA"), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section 24 govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Because the software and/or service provided to you by EVbloom concerns interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all disputes. However, applicable federal or state law may also apply to the substance of any disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures") shall apply, including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to, and negotiated in good faith with, EVbloom as described above, and if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to EVbloom or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
You or EVbloom may initiate arbitration in either Santa Barbara, California or the county in which you reside. If you initiate arbitration in the county of your residence, EVbloom may transfer the arbitration to Santa Barbara County, California provided that EVbloom agrees to pay any additional fees or costs you incur as a result of the change in location, as determined by the arbitrator.
If any clause within this Section 24 (other than the Class Action Waiver clause of Section 24.4) is found to be illegal or unenforceable, that clause will be severed from this Section 24 and the remainder of this Section 24 will be given full force and effect. If the Class Action Waiver (Section 24.4) clause is found to be illegal or unenforceable, this entire Section 24, except for this Section 24.8, will be unenforceable and the dispute will be decided by a court and IN THAT INSTANCE, YOU AND EVbloom EACH WAIVE AND AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY, TO THE EXTENT ALLOWED BY LAW.
It is EVbloom’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). EVbloom reserves the right to terminate without notice any Member’s access to the Service if that Member is determined by EVbloom to be a "repeat infringer." In addition, EVbloom accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, App and Services ("Feedback"). You acknowledge and agree that all Feedback will be the sole and exclusive property of EVbloom and you hereby irrevocably assign to EVbloom and agree to irrevocably assign to EVbloom all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At EVbloom’s request and expense, you will execute documents and take such further acts as EVbloom may reasonably request to assist EVbloom to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
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