Terms of Service— ChargeNow LLC 
Last Changes to Terms of Service: April 1,2024
THESE TERMS REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS. ALSO, THESE TERMS SET
FORTH SPECIFIC REMEDIES AVAILABLE TO YOU. PLEASE SEE SECTIONS 6 AND 14 TO
LEARN MORE.
These Terms of Service govern your use of the ChargeNow application, website and technology
platform (the “Services”) provided by ChargeNow LLC. (including any subsidiaries or affiliates of
ChargeNow LLC., collectively, “ChargeNow”). Specifically, the Services include the 
ChargeNow network of websites that link to these Terms of Service (including any versions optimized for
viewing on a wireless or tablet device); email newsletters published or distributed by ChargeNow;
apps published by ChargeNow LLC, including the “ChargeNow” mobile app; or any other services,
interactive features, and communications made available by ChargeNow, however accessed
and/or used, that are operated by ChargeNow, made available by ChargeNow, or produced and
maintained by ChargeNow and its related companies.
The foregoing Services may be used to access portable charger rental services (“Rental Services”)
offered by ChargeNow. If you choose to rent one of our portable chargers, you will be subject to
our Rental Agreement which can be found at Chargenowor.com/rentalagreement.
Any decision to accept Rental Services is made at your sole discretion.
BY USING OUR SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE
TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO
NOT USE THE SERVICES. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS
OF SERVICE FROM TIME TO TIME WITHOUT NOTICE OTHER THAN POSTING THE DATE OF
THE CHANGE ABOVE, BUT MAY NOTIFY YOU OF ANY MATERIAL CHANGES. YOUR
CONTINUED USE OF OUR SERVICES FOLLOWING THE POSTING OF OR NOTICE OF
CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE
PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF SERVICE WILL
APPLY RETROACTIVELY.
This is a legal agreement between you (“you” or “user”) and ChargeNow that states the material
terms and conditions that govern your use of the Services. This agreement, together with all
updates, supplements, additional terms, and all of ChargeNow’s rules and policies collectively
constitute this “Agreement” between you and ChargeNow.

1. Access License. ChargeNow grants you a limited, revocable, non-exclusive,
non-transferable license to access and make use of the Services or its content. This license
does not include any resale or commercial use of the Services or its contents; any derivative
use of the Services or their contents; any downloading or copying of user account
information; or any use of data mining, robots, cookies, or similar data gathering and
extraction tools. Except as expressly permitted herein, the Services and/or any portion of
the Services may not be reproduced, sold, resold, or otherwise exploited for any purpose
without ChargeNow’s express written consent. Any unauthorized use automatically
terminates the permissions and/or licenses granted by us to you.

1. Copyright and Ownership. All of the content featured or displayed on the Services, including
without limitation text, graphics, photographs, images, moving images, sound, and
illustrations (“Content”), is owned by ChargeNow or its licensors, vendors, advertisers,
agents and/or other providers (collectively, “Platform Providers”). All elements of the
Services, including without limitation the general design and the Content, are protected by
trade dress, copyright, moral rights, trademark and other laws relating to intellectual
property rights. The Services may only be used for the intended purpose for which such
Services are being made available. Except as permitted by copyright law, you may not
modify any of the materials and you may not copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer or sell any information or
work contained on the Services. Except as authorized under the copyright laws, you are
responsible for obtaining permission before reusing any copyrighted material that is
available on the Services. You shall comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use of the Services. The
Services, Content and all related rights shall remain the exclusive property of ChargeNow
or its Platform Providers unless otherwise expressly agreed. You will not remove any
copyright, trademark or other proprietary notices from material found on the Services.
1. Trademarks/No Endorsement. All trademarks, service marks and trade names utilized within
the Services (including but not limited to: the ChargeNowTM trademark, ChargeNow
corporate logo, and any names or logos of any advertisers) (collectively “Marks”) are
trademarks or registered trademarks of ChargeNow or its Platform Providers. You may
not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Marks in
any way, including in advertising or publicity pertaining to distribution of materials on the
Services, without ChargeNow's prior written consent.

1. Account Registration and Security. You understand that you will need to create an account
to have access to the Services, including Rental Services. You will: (a) provide true,
accurate, current and complete information about yourself as prompted by the Services’
registration, sign-in, or subscription page (such information being the “Registration Data”)
and (b) maintain and promptly update the Registration Data to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate, not current or
incomplete, or Smart Charge has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, Smart Charge has the right to suspend or
terminate your account and refuse any and all current or future use of the Services (or any
portion thereof). You are responsible for the security and confidentiality of your password
and account. Furthermore, you are responsible for any and all activities that occur under
your account. You will not share your account information or your user name and password
with any third party or permit any third party to log on to the Services using your account
information. You agree to immediately notify us of any unauthorized use of your account or
any other breach of security of which you become aware. You are responsible for taking
precautions and providing security measures best suited for your situation and intended use
of the Services. Smart Charge’s collection, use, and disclosure of all data, including
Registration Data is governed by ChargeNow Privacy Policy, located at
www.chargenowor.com/privacy.

1. Payment Terms

5.1 Payment Method & Payments
You may be required to provide ChargeNow with a valid credit card, debit card, or other payment
account (“Payment Method”) in order to use certain Services, including Rental Services provided by
ChargeNow. When you add a Payment Method to your ChargeNow account, you will be asked
to provide customary billing information. You must provide accurate, current, and complete
information when adding a Payment Method and it is your obligation to keep your Payment Method
up-to-date at all times. All billing information will be collected, stored and used in accordance with
our Privacy Policy, located at www.chargenowor.com/privacy.
You represent and warrant to ChargeNow that you are authorized to use any Payment Method you
furnish to ChargeNow. You authorize ChargeNow to charge the Payment Method for all fees
incurred by you with respect to Rental Services (or other services offered by ChargeNow from time
to time), including applicable sales, use, VAT/GST and other local government charges. If you
dispute any charge on your account, you must contact ChargeNow within 10 business days from
the end of the month within which the disputed charge occurred, and provide to ChargeNow all
rental information that is necessary to identify the disputed charge, such as the date of the rental and
the approximate starting and ending times of the use associated with the disputed charge. You agree
to immediately inform ChargeNow of all changes relating to the Payment Method.

5.2 Fees / Lost Portable Chargers
If you choose to rent one of our portable chargers, the Payment Method you have provided us will be
charged the prices set forth at the time of your rental. Generally, we will charge you an amount per
specified duration of time (e.g., $1.00/30 minutes) based upon the time that passes between you
picking up and returning the portable charger from one of our units.
The maximum you will be charged is $69.98. You will also be charged this maximum limit if you (1) pick
up a portable charger and never return it; or (2) permanently damage a portable charger.
Notwithstanding the foregoing, solely for any rental originating on location at any ChargwNow Host
location or event, there shall be no further charge beyond the special event rental rate for any
unreturned or damaged portable charger rented at such event.
All other terms governing your rental and use of a portable charger are set forth in our Rental
Agreement www.chargenowor.com/rentalagreement.

5.3 Payment Facilitators
You agree, understand and acknowledge that ChargeNow may engage third party payment
processors / gateway service providers to facilitate processing of payments. Accordingly, you may be
required to follow any terms and conditions of such third party payment processors/gateway service
providers, as communicated to you, from time to time.
1. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL
RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

6.1 Initial Dispute Resolution
The ChargeNow application contains means to receive support and address any concerns you
may have regarding your use of Rental Services. The parties shall use their best efforts through this
support process to settle any dispute, claim, question, or disagreement and engage in good faith
negotiations which shall be a condition to either party initiating mediation, arbitration, or a lawsuit.

6.2 Binding Arbitration
If the parties do not reach an agreed upon solution through the support process, then either party
may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth
below.
Any controversy or claim arising out of or relating to this Agreement or any related agreement, their
enforcement or interpretation, or because of an alleged breach, default or misrepresentation in
connection with any of their provisions, shall be determined by binding arbitration. The arbitration
proceedings shall be held and conducted by a single arbitrator in accordance with the
Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this
Agreement. Such arbitration shall occur in Los Angeles, California, and be initiated by any party in
accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto
within a reasonable time after the claim, dispute or other matter in question has arisen, and in any
event shall not be made after the date when institution of legal proceeding, based on such claim,
dispute or other matter in question, would be barred by the applicable statute of limitations.
Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The
arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In
reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any
of the terms of this Agreement, or to grant an award or remedy any greater than that which would be
available from a court under the statutory or common law theory asserted. The arbitrator shall issue
a written opinion that includes the factual and legal basis for any decision and award. The arbitrator
shall apply the substantive law (and the law of remedies, if applicable) of Oregon or federal law,
or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in
any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction,
provisional remedies or injunctive relief in support of their respective rights and remedies hereunder
without waiving any right to arbitration. However, the merits of any action that involves such
provisional remedies or injunctive relief, including, without limitation, the terms of any permanent
injunction, shall be determined by arbitration under this paragraph. Judgment upon the award
rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator
shall allocate all costs and expenses of the arbitration (including legal and accounting fees and
expenses of the respective parties) to the parties in the proportions that reflect their relative success
on the merits (including the successful assertion of any defenses).
You agree to pursue any arbitration in an individual capacity and not as class representative or class
member in any purported class action proceeding.
BY AGREEING TO ARBITRATE DISPUTES, THE PARTIES HEREBY ACKNOWLEDGE AND
AGREE THAT THEY ARE IRREVOCABLY WAIVING ANY AND ALL RIGHT TO TRIAL BY JURY IN
ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE
ACTIVITIES CONTEMPLATED HEREBY.

1. Solicited Submission Policy. Where ChargeNow has specifically invited or requested
submissions or comments, ChargeNow encourages you to submit content to ChargeNow that you have created for consideration in connection with such requests (“User
Submissions”). User Submissions remain the intellectual property of the individual user. By
submitting content to ChargeNow, you expressly grant ChargeNow a non-exclusive,
perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from, distribute,
transmit, perform and display such content and your name, voice, and/or likeness as
contained in your User Submission, in whole or in part, and in any form throughout the world
in any media or technology, whether now known or hereafter discovered, including all
promotion, advertising, marketing, merchandising, publicity and any other ancillary uses
thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout
the universe. Any such User Submissions are deemed non-confidential and ChargeNow
shall be under no obligation to maintain the confidentiality of any information, in whatever
form, contained in any User Submission.

1. Access and Interference. You agree that you will not use any robot, spider, scraper or other
automated means to access the Services for any purpose without our express written
permission. Additionally, you agree that you will not: (i) take any action that imposes, or may
impose in our sole discretion an unreasonable or disproportionately large load on our
infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any
activities conducted on the Services; or (iii) bypass any measures we may use to prevent or
restrict access to the Services.

1. Third Party Links. From time to time, the Services may contain links to websites that are not
owned, operated or controlled by ChargeNow or its affiliates. All such links are provided
solely as a convenience to you. If you use these links, you will leave the Services. ChargeNow is not responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse,
guarantee, or make any representations or warranties regarding any other websites, or any
content, materials or other information located or accessible from any other websites, or the
results that you may obtain from using any other websites. If you decide to access any other
websites linked to or from this Services, you do so entirely at your own risk.
1. Transactional Partners. In some cases we may partner with another entity to co-promote
their services within our Services. If you choose their services, you may be transacting
directly with the other party. When using these partner pages, you are bound by partner
terms of service in addition to remaining bound by these ChargeNow Terms of Service.
When there is a conflict between these Terms of Service and the partner’s terms of service
with respect to any dispute relating to ChargeNow or the ChargeNow Services, these
Terms of Service will prevail.
1. We may suspend or terminate your right to use this Service at any time, for any reason or
for no reason. We may also block your access to our Services in the event that (a) you
breach these Terms of Service; (b) we are unable to verify or authenticate any information
you provide to us; or (c) we believe that your actions may cause financial loss or legal
liability for you, our users or us.

1. Representations and Warranties. You represent that you are over the age of 18, have the
right and authority to enter into this Agreement, are fully able and competent to satisfy the
terms, conditions, and obligations herein, and your use of the Services is and will be in
compliance with all applicable laws. You represent that you have read, understood, agree
with, and will abide by the terms of these Terms of Service. In addition, you represent and
warrant that your User Submissions and all elements thereof are (a) owned or controlled
solely and exclusively by you, you have prior written permission from the rightful owner of
the content included in your User Submissions, or you are otherwise legally entitled to grant
ChargeNow all of the rights granted herein; and (b) ChargeNow's use of your User
Submissions as described or contemplated herein do not and will not infringe on the
copyrights, trademark rights, publicity rights or other rights of any person or entity, violate
any law, regulation or right of any kind whatsoever, or otherwise give rise to any actionable
claim or liability, including without limitation rights of publicity and privacy, and defamation.
1. YOUR USE OF THE SERVICES AND ANY RENTAL SERVICES IS AT YOUR RISK. THE
INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE
SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
NEITHER SMART CHARGE, NOR ANY OF ITS AFFILIATES OR PLATFORM PROVIDERS
WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS
OR SERVICES PROVIDED ON OR THROUGH THE SERVICES. THE INFORMATION,
MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES MAY BE
OUT OF DATE, AND NEITHER CHARGENOW, NOR ANY OF ITS AFFILIATES MAKES
ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION,
MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED
WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE
REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SMART CHARGE
OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN.

1. LIMITATIONS OF LIABILITY. CHARGENOW DOES NOT ASSUME ANY
RESPONSIBILITY, NOR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES
THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, MOBILE
DEVICE, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO,
USE OF, OR BROWSING THE SERVICES, OR YOUR DOWNLOADING OF ANY
INFORMATION OR MATERIALS FROM THIS SERVICE. IN NO EVENT WILL CHARGENOW, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS,
AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN
THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICES, BE LIABLE TO
YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION)
ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE
SERVICE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY
OR ALL OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR
ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY
TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR
ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR ANY MATERIALS, OR
INFORMATION CONTAINED ON ANY OR ALL OF THE SERVICE, YOU AGREE THAT YOUR
SOLE REMEDY IS TO CEASE USING THE SERVICE. IN NO EVENT SHALL SMART CHARGE’S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER
IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE
EXCEED THE GREATER OF (A) FIVE HUNDRED DOLLARS (US $500.00); or (B) THE TOTAL
FEES YOU HAVE PAID TO SMART CHARGE IN THE SIX (6) MONTH PERIOD IMMEDIATELY
PRECEDING THE DATE THE PARTICULAR LIABILITY AROSE.

1. You agree to defend, indemnify and hold ChargeNow and any affiliated entity or individual
harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’
fees, related to or in connection with (i) your use of the Services and any Rental Services
provided by any entity; (ii) your violation of any term of this Agreement or any supplemental
agreement such as the Rental Agreement, including without limitation, your breach of any of
the representations and warranties above; (iii) your violation of any third party right,
including without limitation any right of privacy, publicity rights or intellectual property rights;
(iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that
arise as a result of any User Submission or other content, message or information that you
provide to ChargeNow; or (vi) any other party’s access and use of the Services with your
unique username, password or other appropriate security code.

1. In the event that you have a dispute with one or more other users of the Services, you
release ChargeNow (and our officers, directors, agents, subsidiaries, joint ventures and
employees) from claims, demands and damages (actual and consequential) of every kind
and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes.

1. Force Majeure. Neither ChargeNow nor you shall be responsible for damages or for
delays or failures in performance resulting from acts or occurrences beyond their
reasonable control, including, without limitation: fire, lightning, explosion, power surge or
failure, water, acts of God, war, revolution, civil commotion or acts of civil or military
authorities or public enemies: any law, order, regulation, ordinance, or requirement of any
government or legal body or any representative of any such government or legal body; or
labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability
to secure raw materials, transportation facilities, fuel or energy shortages, or acts or
omissions of other common carriers.

1. Any claim relating to, and the use of, this Services and the materials contained herein is
governed by the laws of the State of Oregon. You consent to the exclusive jurisdiction of
the state and federal courts located in Portland, Oregon. A printed version of these
Terms of Service will be admissible in judicial and administrative proceedings based upon or
relating to these Terms of Service to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained in printed form.
These Terms of Service set forth the entire understanding and agreement between us with
respect to the subject matter hereof. We do not guarantee continuous, uninterrupted or
secure access to our Services, and operation of the Services may be interfered with by
numerous factors outside of our control. If any provision of these Terms of Service is held to
be invalid or unenforceable, such provision shall be struck and the remaining provisions
shall be enforced. You agree that these Terms of Service and all incorporated agreements
may be automatically assigned by ChargeNow in our sole discretion. Headings are for
reference purposes only and in no way define, limit, construe or describe the scope or
extent of such section. Our failure to act with respect to a breach by you or others does not
waive our right to act with respect to subsequent or similar breaches. All sections which by
their context ought to survive this agreement shall survive any termination or expiration of
this Agreement.

ALL RIGHTS RESERVED