EVgo TERMS AND CONDITIONS OF SERVICE
In these EVgo Terms and Conditions of Service (“Terms and Conditions”) the following terms have the following meanings: (a) EVgo, we, us, and our refer to EVgo Services LLC; (b) you, your, or customer refer to the account holder or any other person who purchases a subscription, activates or uses the services we provide; (c) “Activation Fee” is a one-time charge for activating certain new Plans with EVgo which will be added to your first bill; (d) “Agreement Date” is the date you sign the Services Agreement; (e) “Authorized EV” means the vehicle described in your Services Agreement; (f) “Charges” means any access and usage charges, taxes, surcharges, fees, government fees (whether assessed directly upon you or upon EVgo), returned-check and late payment charges and fees and other charges we charge you or that were accepted or processed by your use of the Services; (g) “ETF” means an early termination fee added to your account under certain Plans if you end your commitment before the end of the Initial Term; (h) “EVgo Network” means EVgo’s network of electric vehicle charging stations throughout the USA consisting of one or more, or a combination, of the following: (1) DC fast chargers (up to 480 volt DC high-current charging), and (2) Level 2 chargers (240 volt AC charging); (i) “EVgo Equipment” means any piece of equipment owned by EVgo that you are permitted to use including a Charging Station and equipment used in the EVgo Network; (j) “Services Agreement” means your agreement with EVgo in connection with your Plan or Plans, including these Terms and Conditions; (k) “Initial Term” means the term shown in your Services Agreement; (m) “Plan” refers to a specific set of Services offered by EVgo; (o) “Services” means vehicle charging and support services provided by EVgo to owners/lessees of plug-in electric vehicles (“EVs”) that reference these Terms and Conditions and includes, but is not limited to, our Plans, billing services, Driver Portal, Mobile App, offers, promotions, applications, programs, products, software, or any EVgo Equipment on your account; (p) “Service Commencement Date” shall mean the date your Access Device is activated; and (q) “Promotional Program” refers to any program offered to customers where free charging sessions are offered with the purchase or lease of an electric vehicle, including without limitation the Nissan “No Charge to Charge” program and BMW “ChargeNow Fast” program.
These Terms and Conditions Are Important. They Affect Your Rights.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND MAKE SURE THAT YOU UNDERSTAND EACH PROVISION AS THEY CONTAIN IMPORTANT INFORMATION ABOUT THE SERVICES PROVIDED TO YOU.
THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
THESE TERMS AND CONDITIONS LIMIT OUR LIABILITY AND THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Acceptance of the Terms and Conditions of Service.
- You represent that you are at least 18 years old and/or that you are legally authorized to accept these Terms and Conditions and to enter into a Services Agreement. Your Services Agreement with EVgo begins when you accept the Terms and Conditions by doing any of the following: (a) giving us a written or electronic signature or telling us orally that you accept, or by otherwise accepting through any other printed, oral, or electronic statement; (b) paying for the Services; (c) activating the Services; (d) attempting to use or in any way using the Services; (e) upgrading or modifying the Services; or (f) opening any EVgo Equipment packaging, or starting any application, program or software that says you are accepting. If you do not want to accept the Terms and Conditions, do not do any of these things.
- On or before the Service Commencement Date, you must provide us with (i) a valid email address and (ii) an acceptable payment method by returning a completed automatic payment authorization form which will be given to you upon signing up for a Plan. You agree to notify EVgo immediately if your Authorized EV information changes, your payment method expires, you close your account, your billing address changes, your email address changes, or your payment method is cancelled and replaced due to loss or theft. Failure to notify EVgo of any such changes in a timely manner may result in immediate suspension of the Services, the incurrence of late fees, a Disablement Fee and/or an ETF and termination of the Services Agreement, as further described in these Terms and Conditions.
EVgo Plan Services.
- Your use of EVgo Equipment is limited to the Authorized EV. You may be provided with an electronic Access Device (“Access Device”) for your personal use at charging station sites across the EVgo Network or at Out-of-Network sites that may be accessible to some or all EVgo account holders, and if provided, you agree the Access Device is solely for the use by the Authorized EV. You agree not to allow your Access Device to be used for anything other than charging the Authorized EV. You agree that you are responsible for all charges incurred through use of the Access Device assigned to you. If you have access to the EVgo Network as part of your Services, an “Access Deprivation Fee” may apply to the long-term parking of your Authorized EV or other excessive use of the EVgo Equipment.
- You further acknowledge that your Services may enable you to access certain Charging Stations which are outside of the EVgo Network (“Out-of-Network Charging Stations”). Your use of an Out-of-Network Charging Station may be subject to additional fees or charges set by the owner or operator of such Out-of-Network Charging Station. You agree that you are responsible for all fees, charges or penalties assessed by EVgo as a result of your use of an EVgo Network Station, Out-of-Network Charging Station or your Access Device. By using an Out-of-Network Charging Station, you agree to the terms and conditions that may be imposed on use thereof by the applicable owner or operator, and hereby agree to indemnify, defend and hold EVgo harmless from any and all damages caused by your use of an Out-of-Network Charging Station.
- You acknowledge and agree that electric car chargers, including those within the EVgo Network, are a new technology and are not yet widely available. You are solely responsible for ensuring that your Authorized EV’s battery is sufficiently charged to meet your needs and that all charging is done in accordance with the manufacturer’s recommendations regarding the type, frequency and duration of charging. EVgo makes no, and hereby disclaims any representation or warranty, express or implied, that EVgo Equipment will be available at any particular location or at any particular time. You also acknowledge and agree that EVgo does not own, operate or maintain Out-of-Network Charging Stations. EVgo, therefore, makes no, and hereby disclaims any, representation or warranty, express or implied, that a particular Out-of-Network Charging Station will be available or operational at any particular location or at any particular time. You further acknowledge and agree to release EVgo from any loss, damage, or injury caused by your Authorized EV, including any of the foregoing caused by insufficient charging of the battery.
- In the event of any equipment malfunction or other technical issue with EVgo Equipment, please call (877) 494-3833 or the contact number located on the EVgo Equipment. In the event of any equipment malfunction or other technical issue with an Out-of-Network Charging Station, please call the contact number located on the Out-of-Network Equipment. IN THE EVENT OF AN EMERGENCY OR ANY SITUATION THREATENING SERIOUS INJURY TO PROPERTY OR HUMAN LIFE, IMMEDIATELY DIAL 9-1-1 AND FOLLOW THE INSTRUCTIONS YOU ARE GIVEN.
- In the event of a lost or stolen Access Device, please email Support@evgonetwork.com and include your account number and/or lost or stolen Access Device number. You shall be liable for any and all charges incurred due to usage of lost or stolen Access Device until such Access Device number has been provided to EVgo for deactivation. Further, you agree that you are responsible for all fees, charges or penalties EVgo may assess as a result of issuing a replacement Access Device.
- In the event you receive Services pursuant to a Promotional Program, you agree that EVgo may set time or other limits on charging at EVgo Equipment depending on the terms and conditions of the Promotional Program. Use of EVgo Equipment at the same site within sixty (60) minutes following the end of a previous charging session may be treated as a repeat session and billed at the prevailing rate for walk-up charging. You agree that you are responsible for all fees, charges or penalties assessed by EVgo as a result of repeat sessions on EVgo Equipment. You further agree that Services pursuant to any Promotional Program may not be available to EVgo account holders at Out-of-Network Charging Stations.
- Unless otherwise agreed to in writing, the Services and Promotional Programs are provided for the personal use of your Authorized EV and are not to be used in connection with the conduct of any commercial enterprise or for financial gain.
USE OF EVgo EQUIPMENT.
- EVgo Equipment may only be used to recharge EVs with sealed batteries that do not require ventilation and any other use is a “Non-Recommended Configuration.” YOU ACKNOWLEDGE THAT YOU ARE SOLELY LIABLE FOR ANY SUCH NON-RECOMMENDED CONFIGURATION OR OTHER USE THAT COULD CAUSE THE EVgo EQUIPMENT TO FAIL TO OPERATE OR CAUSE DAMAGE TO THE EVgo EQUIPMENT, YOUR AND/OR ANOTHER PERSONS’ PROPERTY. NEITHER EVgo NOR ANY OF ITS AFFILIATES, SUPPLIERS OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. EVgo reserves the right to suspend any obligation it may have with respect to your use of EVgo Equipment and/or terminate your use of the Services if you use a Non-Recommended Configuration. You agree not to attach anything to the EVgo Equipment other than the Authorized EV. You agree that it would be difficult, if not impossible, to calculate precisely the lost revenue resulting from the alteration or improper use of the EVgo Equipment. You, therefore, agree to pay EVgo, as liquidated damages (and not as a penalty), the sum of Five Thousand Dollars ($5,000.00) in addition to EVgo’s cost to replace any altered, damaged or unreturned EVgo Equipment, including any incidental costs (the “Non-Recommended Configuration Charges“).
- You agree not to attempt to repair or otherwise modify any EVgo Equipment and not to directly or indirectly disassemble, decode, peel components, decompile, modify, append, translate, copy, distribute, publicly display or otherwise reverse engineer or attempt to reverse engineer or derive source code from, any EVgo Equipment or any portion thereof, or provide or otherwise assist third parties for such purpose, or permit or encourage any third party to do any of the foregoing. You acknowledge and agree that the manufacturer of all EVgo Equipment has reserved all right, title, and interest in and to intellectual property associated with the EVgo Equipment and that you shall take no action that would cause, or by inaction permit, any impairment of any right, title, and interest of the manufacturer in such intellectual property and to otherwise respect the legal rights of the manufacturer.
- ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER SIMILAR WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED WITH RESPECT TO EVgo EQUIPMENT OR TO THE SERVICES EXCEPT AS SET FORTH IN THESE TERMS AND CONDITIONS.
Use of EVGO’s DRIVER Portal and mobile app.
You may access and use EVgo ‘s driver portal (the “Driver Portal”) or mobile application (the “Mobile App”) to obtain information regarding your customer account and the EVgo Network, including charging station locations, trip mapping and other content and features EVgo may make available through that site, and to otherwise utilize the Services. Use of the Driver Portal is subject to EVgo’s website terms and conditions located at https://www.evgo.com/terms-conditions/. You are responsible for all use of the Driver Portal and/or Mobile App under your user name and/or by use of your password. You acknowledge and agree that EVgo may modify the Driver Portal and/or Mobile App in any way and at any time, with or without notice. You further acknowledge and agree that, while EVgo has attempted to provide accurate information on the Driver Portal and/or Mobile App, such information may change frequently and in no event will EVgo be responsible for the accuracy, usefulness or completeness of any information, materials or other content on the Driver Portal and/or Mobile App, or that any such information, materials, or other content is the most up-to date.
Services and Billing.
- If you entered into a Services Agreement then the Services are described therein, including the Initial Term and fees payable by you. At the end of the Initial Term, your Services will automatically renew for additional one (1) month terms at EVgo’s then effective rate for the same Services with a monthly term unless terminated by you or EVgo before such extension (the Initial Term and all extensions is called the “Term”). EITHER PARTY MAY CANCEL THE AGREEMENT IF THE SERVICE COMMENCEMENT DATE DOES NOT BEGIN WITHIN THREE (3) MONTHS FROM THE AGREEMENT DATE.
- If you are receiving a free trial or Promotional Program not associated with a Plan, you may be placed on a successor Plan (as specified in the Promotional Program or otherwise the EVgo Flex Plan or its successor plan) at the end of such trial or program. Any such Plan will have no monthly fee and will provide you with access to the EVgo Network at the rates then in effect and may provide you with access to certain Out-of-Network Charging Stations, which may be subject to additional fees or charges set by the owner or operator of such Out-of-Network Charging Station.
- If you terminate prior to the end of the Initial Term other than as a result of your rescission during any applicable rescission period, you will be required to pay the ETF set forth in the Services Agreement. The amount of the ETF is fixed because of the difficulty of ascertaining the exact amount of losses that EVgo would actually incur in the event of your termination, and the ETF is a reasonable estimate of EVgo’s probable loss (and is not a penalty) and that such amount would be appropriate regardless of the actual losses incurred by EVgo. If you provide notice of termination by phone, EVgo may provide you with written documentation verifying such termination.
- If you entered into a Services Agreement, your method of payment will be charged when you accept the Services Agreement for the remainder of the then current month and then approximately three (3) days prior to each month of service thereafter throughout the Term (“Billing Date”). In addition to monthly recurring charges and applicable usage charges, we will charge your method of payment for any applicable taxes and surcharges, and any amounts in arrears. Upon termination of the Services Agreement, your method of payment will be charged for any unbilled amounts, any ETF, and any other fees due hereunder. If payment is not received by EVgo within three (3) business days of the Billing Date (or such longer period of time as may be required by applicable law), we may disable your account and charge a one-time late payment fee (a “Late Payment Fee”) equal to the lesser of five percent (5.0%) or the maximum rate allowed by applicable law and returned electronic check payments will be subject to returned check fees up to the highest amount permitted by applicable law. If your account is disabled, EVgo may also assess a disablement fee (the “Disablement Fee”).
- You agree that you will be solely responsible for paying all direct or indirect federal, state and local taxes, duties, levies, premiums, fees and other assessments of any kind even if EVgo is required by law to collect and remit to the applicable governmental authority with respect to your use of the Services (including any charging station, if applicable) that EVgo provides to you, together with all interest, penalties or other additional amounts imposed thereon, including, without limitation, any gross receipts, sales, consumption, use, value added, commercial activity or other privilege, property, road or other transportation tax or any other taxes of any kind whatsoever imposed by any governmental authority. These charges may change from time to time without advance notice. Tax exemptions will not be applied without a valid exemption certificate or applied retroactively.
- You agree that any payment may be applied by EVgo to all outstanding amounts then due and payable by you to EVgo in the following order: first, to the payment of any past due amounts which are then outstanding; second, pro rata to the payment of the Activation Fee or other set-up/installation fees, if any; third, to the payment of the monthly charges associated with the Services for the monthly service period immediately preceding the most recent Billing Date; fourth, pro rata to the payment of any applicable Disablement Fee, Late Payment Fee, Non-Recommended Configuration Charges, ETF and/or any other amounts due and payable in connection with the Services under any Services Agreement between you and EVgo. Any payment in excess of all amounts then due and payable under the Services Agreement shall be carried as a credit on your account and shall be applied by EVgo to the satisfaction of any amounts which may become due and payable after the date of such payment or, if all of the Services Agreements have been terminated and all of your obligations are fully paid and performed, such excess amounts will be refunded to you. Any outstanding credits shall be applied by EVgo, in the order specified above, to satisfy all amounts due and payable by you before applying any payments made by you to EVgo.
- You agree that EVgo reserves the right to convert all paper checks into electronic debits to a check writer’s account by electronically instructing your financial institution to transfer funds from your account, rather than processing your check.
- If you fail to dispute a charge to your account within sixty (60) days of the date such charge was made by calling (877) 455-3833, writing EVgo at P.O. Box 3043, Houston, TX 77253-3043, or emailing EVgo at firstname.lastname@example.org then such charge shall be deemed to be correct.
Standard of Performance, lIMITATIONS, sOLE rEMEDY.
- Except as otherwise set forth herein, EVgo’s sole and exclusive standard of performance with respect to all actions hereunder shall be to use reasonable efforts to (i) arrange for the Services and/or (ii) make available the EVgo Equipment, in each case pursuant to these Terms and Conditions.
- Your exclusive remedy for any claim relating to EVgo’s breach of the Services Agreement shall be for EVgo, upon receipt of written notice, to use commercially reasonable efforts to cure the breach at its expense or, at EVgo’s election, return the fees paid to EVgo for the Services in the month during which the breach occurred and at EVgo’s option terminate the Services Agreement. Such remedy is your sole and exclusive remedy with respect to any claims arising out of or related to the Services Agreement.
- NOTWITHSTANDING ANY OTHER PROVISIONS OF THE SERVICES AGREEMENT TO THE CONTRARY, REGARDLESS OF THE LEGAL OR EQUITABLE BASIS OF ANY CLAIM, IN NO EVENT SHALL EVgo OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SUBJECT MATTER OF THE SERVICES AGREEMENT, INCLUDING DAMAGES THAT RESULT FROM THE PERFORMANCE OR NONPERFORMANCE OF EVgo’s OBLIGATIONS UNDER THE SERVICES AGREEMENT, YOUR USE OF ANY EVgo EQUIPMENT, INSTALLATION OF EVgo EQUIPMENT, EVgo’s ACTS OR OMISSIONS RELATED TO THE SERVICES AGREEMENT WHETHER OR NOT ARISING FROM SOLE, JOINT OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, VIOLATION OF LAW, BREACH OF CONTRACT, BREACH OF INDEMNITY PROVISIONS, BREACH OF WARRANTY OR ANY OTHER THEORY OR SOURCE WHETHER OR NOT FORESEEABLE AND EVEN IF EVgo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND YOU HEREBY RELEASE EVgo FROM ANY SUCH EXCLUDED DAMAGES.
- EVgo may take any action including suspending its obligations of performance hereunder if EVgo determines that (i) any person or property may be endangered or (ii) such action is reasonable to optimize or improve the Services or the EVgo Equipment, and (iii) for delays, damages or failures in performance due to causes beyond EVgo’s reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes, labor-related activity, or an inability to obtain necessary equipment. EVgo has no liability with respect to the interruption of electrical service to any EVgo Equipment.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LIMIT OF EVgo’s LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) TO YOU FOR ANY MATTER RELATED TO THE SERVICES AGREEMENT INCLUDING YOUR USE OF EVgo EQUIPMENT THE INSTALLATION OF EVgo EQUIPMENT, OR OTHERWISE, SHALL NOT IN THE AGGREGATE EXCEED THE TOTAL AMOUNT OF THE FEES PAID BY YOU WITH RESPECT TO THE SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
Changes in Terms and Conditions; Termination.
- From time to time we may make revisions to these Terms and Conditions, (other than the obligation of the parties to arbitrate all disputes which may not be changed by us), and the policies relating to use of the EVgo Equipment. When we make such changes, we will provide notice of such revisions by posting a revised version of these Terms and Conditions on our website at https://www.evgo.com/ev-drivers/customer-resources/evgo-customer-forms/. By continuing to use the Services or EVgo Equipment after such revisions are posted on the website, you accept and agree to abide by such revisions.
- Services are subject to our business policies, practices, and procedures (“Policies”). You agree to follow our Policies when you use our Services. Our Policies are subject to change at any time. You can find them on our website at https://www.evgo.com/terms-conditions/.
- EVgo may elect to terminate the Services Agreement and your use of the Services at any time upon your breach of the Services Agreement. You specifically acknowledge that in addition to the reasons herein, EVgo may elect to terminate the Services Agreement and your use of the Services for the following reasons: (i) your failure to timely pay any charges due to EVgo hereunder; (ii) your abuse or misuse of the Services; (iii) providing false, inaccurate, dated, or unverifiable identification or credit information; and/or (iv) modifying any part of the EVgo Equipment. In addition, EVgo may terminate the Services Agreement in the event you harass, threaten, or abuse EVgo employees, agents and/or independent contractors or other EVgo customers or users of charging stations. If EVgo elects to terminate the Services Agreement and your use of the Services, then you will be responsible for payment of any late fees, a Disablement Fee, an ETF, and for any payments for Services used, but not yet paid for, and any other fees due hereunder, as of the date of termination. In addition, EVgo may collect damages from you in connection with your breach of the Services Agreement, and may exercise any other remedy available to EVgo hereunder, at law or in equity.
- In addition to the foregoing, EVgo reserves the right to terminate the Services Agreement and your use of the Services for convenience at any time and in its sole discretion. If EVgo elects to terminate the Services Agreement for convenience, then you will be responsible for any payments for Services used, but not yet paid for, and any fees due hereunder, as of the date of termination, but you will not be responsible for any ETF or Disablement Fee.
Restrictions on Use.
- You may not use the EVgo Equipment (i) in any way that could cause harm, damage or adversely affect any person or EVgo’s reputation, or property or (ii) in any other way prohibited by these Terms and Conditions, the Services Agreement or other EVgo Policies. You agree that you shall not in any manner, directly or indirectly, resell or allow the Services or any EVgo Equipment to be used by another person or entity.
- You agree that you must maintain satisfactory credit according to EVgo’s standards and policies as a condition of EVgo’s performance hereunder. You agree to provide any information EVgo may reasonably request to consider or to facilitate EVgo’s review and consent to providing your payment history and other account billing/charge information to any credit reporting agency or industry clearinghouse and consent to EVgo’s use of credit information you furnish, credit bureau reports or other data available from commercial credit reference services, and other information (such as payment history with EVgo) to determine your credit profile. EVgo may, at any time, based on your credit history, withdraw or change the Services, or place limits or conditions on your use of the EVgo Equipment.
PRIVACY; INDEMNIFICATION; WAIVER AND ASSIGNMENT.
- You acknowledge and agree that EVgo, in providing the Services, may automatically collect and use information regarding your use of the EVgo Equipment and technical information regarding your Authorized EV and charging behavior (“Customer Data”). You consent to EVgo contacting you through the contact information you provide or through other available means, including text message, email, mobile, residential or business phone, or mail.
- YOU AGREE TO BE LIABLE FOR AND INDEMNIFY AND HOLD HARMLESS EVgo, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS AND AGENTS, INCLUDING, WITHOUT LIMITATION, ANY INSTALLER, HARMLESS FROM AND AGAINST ALL ACTIONS, CAUSES OF ACTION, CLAIMS, DEMANDS, LOSSES, COSTS, DAMAGES, DEFICIENCIES, JUDGMENTS, LIABILITIES OR EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND COSTS OF LITIGATION) WHICH THEY OR ANY OF THEM SUFFER OR INCUR RESULTING FROM, BY REASON OF, ARISING OUT OF OR IN CONNECTION WITH: (I) PERSONAL INJURY, BODILY INJURY, INCLUDING FATAL INJURY OR DISEASE TO, OR LOSS OF OR DAMAGE TO THE PROPERTY OF, ANY PERSON OR ENTITY WHATSOEVER (INCLUDING THE PARTIES HERETO) ARISING OUT OF OR IN CONNECTION WITH YOUR, OR ANYONE USING YOUR ACCESS DEVICE, NEGLIGENT USE OF THE SERVICES, (II) ANY BREACH BY YOU OF ANY REPRESENTATION, WARRANTY, AGREEMENT, OBLIGATION OR COVENANT CONTAINED IN THE SERVICES AGREEMENT OR IN ANY AGREEMENT, CERTIFICATE, DOCUMENT, SCHEDULE, ANNEX OR OTHER INFORMATION RELATING TO OR DELIVERED PURSUANT HERETO, (III) THE NEGLIGENCE OR WILLFUL MISCONDUCT OF YOU, ANYONE USING YOUR ACCESS DEVICE, AND YOUR RESPECTIVE AGENTS, CONTRACTORS, EMPLOYEES AND INVITEES, OR (IV) ANY ACTUAL OR PROSPECTIVE CLAIM, LITIGATION, INVESTIGATION OR PROCEEDING RELATING TO ANY OF THE FOREGOING, WHETHER BASED ON AGREEMENT, TORT OR ANY OTHER THEORY, WHETHER BROUGHT BY A THIRD PARTY OR BY YOU.
- The failure of any party to insist upon strict performance of any provision of the Services Agreement shall not constitute a waiver of, or estoppel against asserting, the right to require performance in the future. A waiver or estoppel in any one instance shall not constitute a waiver or estoppel with respect to a later breach. The rights and remedies of EVgo hereunder shall be cumulative (and not alternative).
- The Services Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. You may not assign or otherwise transfer any of your rights or obligations under the Services Agreement without our prior written consent. Any such attempted transfer will be null and void. EVgo may assign its rights and obligations under the Services Agreement. Applicable provisions of the Services Agreement will continue in effect after termination or expiration of the Services Agreement to the extent necessary, including those for billing adjustments and payments, indemnification, limitations of liability, and dispute resolution.
Governing Law; ARBITRATION; Dispute Resolution.
- YOUR USE OF THE EVgo EQUIPMENT AND THE SERVICES AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS (AND NOT THE LAW OF CONFLICTS) OF THE STATE OF TEXAS.
- If any provision of the Services Agreement is held by any court of competent jurisdiction to contravene, or to be invalid under, the laws of any political body having jurisdiction over this subject matter, that contravention or invalidity shall not invalidate the entirety of the Services Agreement. Instead, the Services Agreement (including these Terms and Conditions) shall be construed as reformed to the extent necessary to render valid the particular provision or provisions held to be invalid, consistent with the original intent of that provision and the rights and obligations of you and EVgo shall be construed and enforced accordingly, and the Services Agreement shall remain in full force and effect as reformed.
- THE PARTIES AGREE TO RESOLVE ALL DISPUTES BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO DISPUTES RELATED TO THE SERVICES AGREEMENT, YOUR USE OF THE EVgo EQUIPMENT OR OTHERWISE IN BINDING ARBITRATION BETWEEN THE PARTIES CONDUCTED PURSUANT TO THE ARBITRATION SCHEDULE AND YOU ARE AGREEING TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US. The Arbitration Schedule and all forms of Notice are available for download at https://www.evgo.com/ev-drivers/customer-resources/evgo-customer-forms/