General Terms and Conditions
BY ACCESSING AND BROWSING OUR WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE GENERAL TERMS AND CONDITIONS (THESE “TERMS”).
Thank you for visiting the website for Power Hero, Inc. (“PowerHero,” “we,” “us,” or “our” as the context applies) at www.PowerHero.com (the “Site“). Your use of the information, materials, text, images and other content on the Site is subject to the terms and conditions described herein, which may be revised from time to time without notice. Please read these Terms carefully.
Services Provided: Unless expressly stated otherwise, the services provided by PowerHero (the “Services“) are limited to providing users with the location and potential availability of electric vehicle (“EV”) charging supply equipment (“EVSE”) at various locations (“Charging Locations“) as listed on our website or mobile app, and facilitating reservation(s) for the use of such EVSE (“Reservation(s)” as defined below) by displaying the type, make, and other features of EVSE available at such Charging Locations, processing Reservations and collecting fees on behalf of Hosts (as defined below). Any fees and/or consideration paid to PowerHero is paid to PowerHero in connection with these Services unless otherwise indicated. To be clear, PowerHero does not: (i) negotiate terms of licenses or settle disputes between users of the Site; (ii) provide the EVSE or charging service; (iii) operate a charging station or other charging facility; (iv) authorize the use of the Host premise for purposes other than for the use of the Host’s EVSE for charging services as further defined below; or (v) provide services other than the Services (collectively, “Excluded Services“). The Excluded Services are provided by Hosts who are neither our agents nor acting in our behalf and we have no responsibility whatsoever regarding the safety of persons or property in the Charging Locations or any facility where the Charging Locations are located and found through use of the Site. We are not responsible for any consequences arising from the Excluded Services, including, without limitation, consequences arising from not being able to charge or delays associated with charging, road closures or changing traffic conditions. Although we do not guarantee the availability of a specific Charging Location, if a booked Charging Location is unavailable at your time of reservation, we will attempt to locate an alternative Charging Location within 5 miles radius, provide you with a refund and/or otherwise resolve any issues in accordance with our standard customer service policies and procedures.
Hosts; Host Terms and Conditions: PowerHero lists the Charging Locations on the Site and, as such, facilitates the reservation of Charging Locations (“Reservations“) between users of the Site (“Licensees” or “you“), and the independent owners, lessors, managers or operators of the Charging Locations (the “Hosts“). PowerHero does not establish the prices for Charging Locations, operate Charging Locations, or determine charging availability provided by Hosts other than for Hosts that have entered into hosting agreements with PowerHero wherein such Hosts are identified as a “PowerHero Hero”. While PowerHero makes every effort to provide accurate information regarding the Charging Locations listed on the Site, at times such information may become inaccurate and PowerHero shall not be liable for any such inaccuracy. In all cases, your utilization of a Charging Location will be governed by Host’s hosting agreements or policies in place from time to time, including, without limitation, all terms and conditions related to the use of any Charging Location, any payment terms and conditions and all rules and restrictions imposed by the Host on the relevant charging facility and/or Charging Location, as each may be entered into or effected in accordance with the Host’s standard operating procedures (the “Host Terms and Conditions“). By making a Reservation, you agree in all cases to abide by the Host Terms and Conditions. In connection with our provision of the Services, Hosts may represent and warrant to us that they have full authority to list the Charging Locations for Reservations. We are not responsible for confirming whether any such representation or warranty is true and correct, nor are we responsible if any such representation or warrant becomes inaccurate or incomplete prior to your use of a Charging Location. In addition, PowerHero is not responsible for any agreement or other arrangements between you and any Host, regardless of whether such agreement or other arrangements are related to your Reservation and use of a Charging Location.
User Accounts: In order to access certain areas of the Site, you are required to create a user account (a “User Account“) and login. You agree that all information which you provide through the Site in connection with creating your User Account or otherwise is current, accurate and complete. You are solely responsible for all activity that occurs with respect to your User Account. You are solely responsible for maintaining the confidentiality of your User Account and keeping the username and password to your User Account secure. You agree to notify us immediately of any security breach, or unauthorized use of your User Account. We are not liable for any costs, losses, claims or damages that you or any third party incur which are directly or indirectly caused by any unauthorized use of your User Account. You agree to never use another party’s User Account without such party’s express written authorization.
Use of Content: The text, images, data, illustrations, files, audio and video clips, designs, documents and other materials and content (collectively, the “Content“) on the Site is our property and may be protected by copyright and other restrictions. Copyrights and other proprietary rights in the Content may also be owned by parties other than us. You may not copy, modify, distribute or otherwise use any of the Content, except for your personal and non-commercial use.
User Warranty: By downloading, printing, or otherwise using any of the Content, you agree that you will (i) restrict your use of such Content to personal and non-commercial use, (ii) comply with all of these Terms and Conditions, and (iii) not violate our rights or the rights of any other person or entity to whom the Content belongs to. We do not warrant that use of any of the Content will not infringe the rights of third parties.
Commercial Use is Restricted: Unauthorized commercial publication or exploitation of text, images, documents, materials or any other Content is prohibited without our express written consent. If you wish to use any of the Content for commercial use, publication, or any purpose other than personal use, you must obtain our express written permission prior to such use. We may, in our sole discretion, grant permission for such use on a case-by-case basis and we may charge a usage fee for such use. Without limitation of the foregoing, you agree that you may not sell, convey, license, sublicense, or resell or attempt any of the foregoing.
Fees and Payments: You are responsible for all charges, fees, duties, taxes, and assessments arising out of any Reservation, the use of a Charging Location, the Services or the use of the Site. You agree to pay to PowerHero all fees for (including any overage fees) for PowerHero’s provision of the Services, in accordance with the pricing and payment terms presented to you for such Services. Where applicable, you will be billed using the billing method you select through your User Account management page. Except as provided in these Terms or when required by law, all fees paid by you are non-refundable PowerHero may change the fees for any Services, including any Services billed pursuant to a Subscription (as defined below), at any time.
Subscriptions: In the event that any of the Services are billed on a Subscription basis (“Subscriptions“), you will be billed in advance on a recurring, periodic basis (each period, a “Billing Cycle“). Billing Cycles are typically monthly or annual, depending on what Subscription you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each Billing Cycle unless you cancel auto-renewal through your User Account management page, or by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of the then-current Billing Cycle before terminating. If PowerHero changes the fees for any Services billed pursuant to a Subscription, the change will become effective only at the end of the then-current Billing Cycle. PowerHero will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
Annual contract, paid monthly
Service begins as soon as your initial payment is processed. You’ll be charged the rate stated at the time of purchase, plus applicable taxes, every month for the duration of your annual contract. If the applicable tax rate changes during your one-year term, the tax-inclusive price will adjust accordingly. Your contract will renew automatically, on your annual renewal date, until you cancel. Renewal rates are subject to change, but you will be notified of any change in your rate with the option to cancel in accordance with these terms. If you cancel within 14 days of your initial order, you’ll be fully refunded. Should you cancel after 14 days, you’ll be charged 50% of your remaining contract obligation and your service will continue until the end of that month’s billing period. Cancellations can be made any time by visiting your Manage Account page or by contacting Customer Support in your region.
Annual contract, prepaid
Service begins as soon as your payment is processed. You’ll be charged the annual rate stated at the time of purchase as one lump sum, plus applicable taxes. Your contract will renew automatically, on your annual renewal date, until you cancel. Renewal rates are subject to change, but you will be notified of any change in your rate with the option to cancel in accordance with these terms. If you cancel within 14 days of your initial order, you’ll be fully refunded. Should you cancel after 14 days, your payment is non-refundable and your service will continue until the end of your contracted term. Cancellations can be made any time by visiting your Manage Account page or by contacting Customer Support in your region.
Taxes and Overage Fees: In connection with facilitating your transaction, PowerHero will charge your credit card for the total reservation price, which includes the amount for the Charging Locations, a fee retained by PowerHero for providing their services in facilitating the Reservations, and all anticipated applicable taxes. PowerHero retains a service fee as compensation for facilitating reservations and for providing Services. The amounts paid to the Hosts in connection with your reservation include all anticipated applicable taxes for the Charging Locations. The Hosts are responsible for remitting applicable taxes to the applicable taxing jurisdictions. PowerHero is not a vendor collecting and remitting taxes to the applicable taxing authorities nor a co-vendor associated with the vendor with whom PowerHero reserves its customer’s Charging Locations. If you are required by law to withhold any Taxes from your payments to PowerHero, you must provide PowerHero with an official tax receipt or other appropriate documentation to support such payments. Unless otherwise stated, any overage fees incurred by you will be billed in arrears on a monthly basis. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that service.
Cancellations and Refunds: Reservations purchased through the Site are fully refundable up to 24 hours before the start of the Reservation unless noted otherwise. You can cancel a Reservation for any reason before that time unless noted otherwise. Within 24 hours of the start of the Reservation, all Reservations are non-refundable, regardless of your use or non-use of the Reservation and regardless of any circumstance surrounding the use or non-use of a Reservation (i.e., traffic or weather delays, cancellation of a related event).
PowerHero may from time to time partner with third parties (“Partner“), and Reservations purchased on Partner websites are not refundable for any reason.
Promotional Marketing Incentives: PowerHero may from time to time issue promotional marketing incentives in the form of promotional codes, promotional discounts, coupon codes, Referral Credits (as defined below) or other marketing incentives (“Marketing Incentives“). The Marketing Incentives are given for no exchange of value or other consideration and you therefore have no ownership interests or rights in the Marketing Incentives. For this reason, PowerHero reserves the right to deactivate any Marketing Incentive at any time and for any reason, including, but not limited, to mistake, failure to maintain an updated online account, unauthorized use or suspicion of fraud or abuse of any promotional program or Marketing Incentives. Further, PowerHero reserves the right to terminate or discontinue any promotional program or other program offering Marketing Incentives at any time.
Referral Program: If you choose to use our referral program (“Referral Program“) to tell a third party (the “Referral“) about the Site in exchange for the opportunity to earn promotional codes for Services(“Referral Promotional Codes“), we will ask you for the Referral’s name, email address and other information. We will automatically send the Referral a one-time email inviting the Referral to visit the Site. We store the Referral’s information for the purpose of sending this email and tracking the success of our referral program. You may only earn Referral promotional codes totaling up to $200 within one year of earning your first referral reward. Once you have reached the $200 limit (which limit may be increased or decreased at any time in PowerHero’s sole discretion), you will no longer receive promotional codes for any Referrals until one year after your first earned reward. PowerHero reserves the right to deactivate any Referral promotional codes at any time and for any reason, including, but not limited to, mistake, failure to maintain an updated online account, unauthorized use or suspicion of fraud or abuse of the Referral Program or the Referral promotional codes in any way. Referral promotional codes are given for no exchange of value or other consideration, and are strictly promotional vouchers with no monetary value. Referral promotional codes must be redeemed by you or the Referral, as applicable, within 18 months after provided by PowerHero to you or the Referral, as applicable, or they shall be forfeited. Further, PowerHero reserves the right to terminate or discontinue the Referral Program at any time. Notwithstanding the foregoing, PowerHero may administer the Referral Program itself or may use a third party service to fulfill referral promotions at its discretion.
Reservation Rates: The rate for a Reservation made on the Site may not be combined with any additional coupons, special offers or other promotion when exiting a charging facility after using the Charging Location underlying a Reservation. Special discounts do not apply.
Trademarks: Names, titles, trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Site are our registered and/or unregistered common law trademarks or those of third parties. Nothing contained in the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site without our express written permission or that of the appropriate third party that owns the Trademark. Except as permitted by these Terms, any unauthorized use of the Trademarks is prohibited.
Digital Millennium Copyright Agent: For purposes of the Digital Millennium Copyright Act (“DMCA“), we have designated an agent for notices of claimed infringement. If you have any objections governed by the DMCA, please contact the agent listed under the Section entitled “Contact Information” below. We provide this contact information for purposes of the DMCA only and reserve the right to respond to communication that is relevant for this purpose.
FTC Disclosure Policy: The Federal Trade Commission requires us to disclose any relationship we may have with any person or entity that provides something of value in connection with any endorsements made on the Site. No such advertising, sponsorship, paid insertions or other forms of compensation for endorsements are made to us in connection with the Site.
We are not compensated to provide an opinion or an endorsement on products, services, websites and various other topics. The views and opinions expressed on the Site are purely our views and opinions or those of the users of the Site who maintain User Accounts (as defined below). If we claim or appear to be an expert on a certain topic or product or service area, we will only endorse such products or services that we believe, based on our expertise, are worthy of such endorsement, and we shall not be compensated for such endorsement.
Links to Third Party Websites: The Site may contain links to third party websites. The linked sites are not under our control and we are not responsible for the contents of any linked website or use thereof. These links are provided as a convenience only and shall not be construed as our endorsement of, sponsorship of, or affiliation with a linked website.
Third Party Solicitations: If you arrive at the Site from a third party link or as a result of any of the prohibited solicitations described in this paragraph below, please note that such linking to the Site does not imply a relationship with, or endorsement of, the originating third party website or its content, purpose, policies or practices. Your use of the Site or referral of the Site to others does not imply or construe any right of representation of PowerHero.
Administration; APIs. If you are a Site user as part of any group participation, your group and its designated administrator may manage your use of the Site (“G-Admin”). The G-Admin may have the ability to access and control your User Account. As such, your G-Admin may have access to information about your User Account and other information that you provide to the Site, and may input information into the Site and your User Account on your behalf. Your relationship with any group and its G-Admin is governed by the terms and conditions of any agreement or policies between yourself and your group and its G-Admin, and you agree that by using the Site with a G-Admin, we will have no liability for the data, itineraries or other information provided by the G-Admin or for any actions, non-actions or omissions of such G-Admin.
You may also decide to give third parties access to your information and User Account via application programming interfaces (“API“). Any use by APIs of your information will be governed by the privacy policies and terms of such APIs.
Non-Malicious Use: You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site, for any commercial solicitation purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content.
Personal Information: PowerHero may collect and store personal information from you, including, but not limited to, the following information (collectively, together with any other information PowerHero may collect in relation to your use of the Site, “Personal Information“):
- email address, phone number and physical address information;
- vehicle information such as license plate information, make/model/year of your vehicle;
- Information you submit when creating or using your User Account, including user login and password information;
- the location and IP address from which you access the Site;
- the name of the domain from which you access the internet;
- the type of device, browser and operating system used to access the Site;
- the date and time you access the Site, duration and stop time of such access;
- the information about any person or entity from whom you were referred;
- the pages, files, documents and links that you visit;
- the internet address of the website from which you linked to the Site; and
- any other information about your visit to the Site, Reservations you make or use of the Services generally.
Some Personal Information may be automatically gathered so that we can monitor the use of the Site in order to make improvements and better serve visitors.
How we Use your Personal Information: In general, we do not share Personal Information that is personally identifiable to you, except where we have your express permission or where required by law. We will not share your Personal Information with third parties for their marketing purposes. In the event of PowerHero’s reorganization, merger, or sale, we may transfer any and all Personal Information we collect to the relevant third party. As part of the services we provide, we give certain Personal Information to Hosts in order for such Hosts to, among other things, provide their services in connection with facilitating Reservations and for tracking and marketing purposes.
User Submissions: You agree that any information you provide through the Site will be truthful, accurate and complete. You represent and warrant that you own any information provided through the Site or otherwise have appropriate authority to provide any such information through the Site. All information that you submit to us through the Site shall be deemed to be authorized for our use for any purpose, any ideas, concepts, know-how or techniques contained in such information except as precluded above. We have no obligations regarding such information or otherwise specifically agreed to in a separate writing or required by law. You acknowledge and agree that you will not provide any information or material to us or the Site that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another person or entity.
Law u0026amp; Order: We may disclose any of your information (including Personal Information) to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of PowerHero or our users; or (d) to protect our property rights.
Notice Required: We are not required to collect, and do not collect Oklahoma, South Dakota and Vermont sales or use tax. Any purchase made is subject to Oklahoma, South Dakota and Vermont use tax unless it is specifically exempt from taxation. The purchase is not exempt merely because it is made over the internet, or other remote means. The States of Oklahoma, South Dakota and Vermont, require all resident purchasers to report all purchases that were not taxed and pay tax on those purchases. The tax may be reported and paid on the individual income tax return for each state or by filing a consumer use tax return. All use tax forms and corresponding instructions are available on the website of each state’s Department of Revenue: for Oklahoma, www.tax.ok.gov; for South Dakota, www.state.sd.us; and for Vermont, www.state.vt.us/tax, as they may change from time to time.
Receiving E-mail: We may, from time to time, send you e-mail about your User Account, orders or pricing changes. We may also send you e-mail with general information or special offers about products and services that may be of interest to you. In most cases, we will give you an opportunity to accept or decline the receipt of promotional e-mail.
Termination: We reserve the right to suspend or terminate your use of the Services and/or your User Account in the event you violate any provision of these Terms and Conditions or if you use PowerHero services in a fraudulent manner.
Limited Access: From time to time, the Site may be inaccessible or inoperable for any reason, including equipment malfunctions, Site updates, maintenance and repairs and causes beyond our control or those that are not foreseeable. We make no guarantees with respect to the availability or uptime of the Site, the Content or access to Reservations. We may conduct maintenance on any of the foregoing at any time with or without notice to you.
Security: Transmissions over the Internet are never 100% secure or error-free. We take reasonable steps to protect your Personal Information from loss, misuse, and unauthorized access, disclosure, alteration and destruction. PowerHero may use certain trusted third parties to help us provide, improve, protect, and promote our services. These third parties will access your information only to perform tasks on our behalf and in compliance with these Terms and Conditions.
WARRANTY DISCLAIMERS: THE INFORMATION AND DESCRIPTIONS CONTAINED ON THE SITE ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO EVERY PRODUCT OR SERVICE POWERHERO OFFERS, BUT ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES. POWERHERO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENT ON THE SITE IS SUITABLE FOR YOUR NEEDS, IS COMPLETE, TIMELY OR RELIABLE. ALL TEXT, IMAGES AND OTHER CONTENT ON THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. POWERHERO DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.
GENERAL DISCLAIMERS: POWERHERO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR (I) ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE, (II) DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY IN REGARD TO YOUR USE OF THE SITE OR YOUR DOWNLOADING OF ANY TEXT, IMAGES OR OTHER CONTENT FROM THE SITE, OR (III) ANY DAMAGE ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR LINE OR SYSTEM FAILURE.
LIMITATION OF LIABILITY: POWERHERO, ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF POWERHERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE USE OF, RELIANCE ON OR INABILITY TO USE THE SITE OR THE CONTENT OR SERVICES PROVIDED ON OR RECEIVED FROM THE SITE. PLEASE NOTE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
Indemnity: You agree to indemnify and hold us, our managers, members, officers, board of directors, employees, agents, representatives and Hosts harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees and costs, due to or arising out of (i) your use of the Site; (ii) your breach of these Terms and Conditions; (iii) your breach of any Host Terms and Conditions; or (iv) your violation of any third party right.
Release: You release us and our manager(s), member(s), officers, board of directors, employees, agents, representatives and Hosts from any and all claims, demands, losses and damages of every kind and nature, whether known or unknown, arising out of or in any way relating to the Site, your use of the Site, other users’ use of the Site and any dispute or defense you have or claim to have against us or one or more users of the Site.
Reservation of Rights: We specifically reserve all rights that we do not expressly grant in these Terms and Conditions. Nothing on the Site or in these Terms and Conditions grants any right or license to use any property of any third party.
Contact Information: If you wish to contact us regarding (i) information on our products and services, (ii) permission to reproduce or use any Content on the Site, (iii) notices of claimed infringement under the Digital Millenium Copyright Act (DMCA), or (iv) any other reason, please contact:
2105 Foothill Blvd., Suite B360
La Verne, CA 91750
Severance and Waiver: You acknowledge and agree that in the event any provision of these Terms is held by a court to be invalid, unlawful, or unenforceable, the validity, legality, and/or enforceability of the remaining provisions contained in these Terms will not in any way be affected or impaired. Our failure to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision by us.
Venue and Choice of Law: These Terms are governed by the laws of the State of California, without regard to its conflicts of laws principals. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms or the Site shall be brought in a federal or state court located in Santa Clara County, California, and you hereby waive any objection to the exclusive jurisdiction of such courts.
Entire Agreement: You agree that these Terms and Conditions constitute the entire agreement between you and us with respect to your use of the Site. You agree that these Terms supersede any other agreements between you and us with respect to your use of the Site.