Terms

Terms

I. Terms & Conditions (Website)

Last Updated: March 2021

The www.chargeitspot.com website (the “Site”) is comprised of various web pages operated by ChargeItSpot, LLC. www.chargeitspot.com is offered to you conditional on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.chargeitspot.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. Users accessing and using ChargeItSpot kiosks, online services, or other products inherently agree to the Terms of Use set forth in this policy.

Privacy

Your use of www.chargeitspot.com is subject to ChargeItSpot’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.chargeitspot.com or sending emails to ChargeItSpot constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

ChargeItSpot does not knowingly collect, either online or offline, personal information from persons under the age of sixteen. If you are under 16, you may use www.chargeitspot.com only with permission of a parent or guardian.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.chargeitspot.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to ChargeItSpot that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ChargeItSpot or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

ChargeItSpot content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of ChargeItSpot and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ChargeItSpot or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by ChargeItSpot from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ChargeItSpot Content accessed through www.chargeitspot.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless ChargeItSpot, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ChargeItSpot reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ChargeItSpot in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CHARGEITSPOT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CHARGEITSPOT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CHARGE CHARGEITSPOT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHARGEITSPOT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CHARGEITSPOT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

ChargeItSpot reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any juris that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ChargeItSpot as a result of this agreement or use of the Site. ChargeItSpot’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ChargeItSpot’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ChargeItSpot with respect to such use. If any part of this agreement is determined to s determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ChargeItSpot with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ChargeItSpot with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

ChargeItSpot reserves the right, in its sole discretion, to change the Terms under which www.chargeitspot.com is offered. The most current version of the Terms will supersede all previous versions. ChargeItSpot encourages you to periodically review the Terms to stay informed of our updates.

II. Terms of Use (Kiosk)

Last Updated: March 2021

This Kiosk (“Kiosk”) is owned by ChargeItSpot LLC (“ChargeItSpot” or “we” or “us” or “our”). Each person (this means you) using this Kiosk (”User” “you”, or “your”) is bound by these Terms of Use (“Terms”). The person or company that operates the location of this Kiosk (“Merchant”) and/or the person or company that is leasing the Kiosk (“Sponsor”) may also add terms and conditions.

By using the Kiosk, you represent and warrant that (a) you are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction (if different than eighteen (18)); and (b) that you have the capacity to enter into and agree to these Terms. You also acknowledge and agree that your use of the Kiosk is voluntary on your part and is at your own risk. You hereby assume any potential risks outlined in these Terms or other potential risks related to such usage.

ChargeItSpot Kiosks are strictly for the purpose of charging mobile Phones (“Phones”). Damage or theft of the Kiosk or Phones contained within is prohibited. The Kiosk may not be used to charge or store any other devices or personal items, including but not limited to, tablet computers, laptop computers, portable battery chargers, rechargeable batteries, headphones and/or speakers, electronic cigarettes and/or vaping devices, or any other items. Furthermore, your use of the Kiosk must comply with all applicable laws and must not violate any third party rights. Personal items may be removed after 12 hours and may be discarded, sold, or given away at the sole discretion of ChargeItSpot, Merchant, and/or Sponsor. ChargeItSpot is not responsible and shall have no liability to you or any third party for damaged, stolen, or lost Phones or other property. Users of ChargeItSpot Kiosks are responsible for removing their Phones within 12 hours of the time that they place their Phone in the kiosk, and/or before the close of business of the Merchant, whichever is sooner.

The Kiosk may employ an Ultraviolet C Light System (“UV-C System”) to eliminate select viruses and bacteria* from the surface of your Phone while it is being charged by the Kiosk. Actual results of the virus and bacteria elimination process provided by the UV-C System may differ based on the condition, size, and/or material of the Phone and, if applicable, its case. You must use the Kiosk as instructed and for the minimum amount of time shown on the user interface screen. If you do, the UV-C System is intended to eliminate (up to 99.9%) a select list* of viruses and bacteria commonly found on Phones. However, please be advised that the UV-C System is not intended to replace other hygiene measures which you are solely responsible for.

You must also use the Kiosk as instructed on the user interface screen to ensure that the UV-C System is safe for use with your Phone, as well as cases and covers made from plastic, glass, or metal. If your Phone includes a case made from any material other than plastic, glass, or metal, you accept the responsibility to determine whether or not such case can be safely used with the UV-C System. Because the effectiveness of the virus and bacteria elimination process provided by the UV-C System depends, upon you correctly using the System, the amount of time it is used, and the original condition of your Phone, ChargeItSpot therefore cannot and does not, to the extent consistent with applicable law, make any guarantee, representation, or warranty as to the effectiveness or completeness of the virus and bacteria elimination process provided by the UV-C System or that it will eliminate all viruses or bacteria with all such uses. ChargeItSpot also expressly disclaims all liability for any damage that results to: (a) a Phone that was already defective or in a poor condition at the time it was placed in a Kiosk, or included a case not made of plastic, glass, or metal; or (b) any other personal items or electronic devices that are placed in the Kiosk in violation of these Terms. Prolonged exposure to ultraviolet light, including the type of ultraviolet light utilized by the UV-C System, can cause discoloration in certain materials. You acknowledge that while the Kiosk is programmed to limit the operating time of the UV-C System to the minimum amount of time to complete the virus and bacteria elimination process, repeated exposure to ultraviolet light may accelerate the natural aging process of your Phone and its case and that ChargeItSpot is not responsible for such natural wear and tear.

You consent to your photograph being taken in connection with your use of the Kiosk. You hereby grant to ChargeItSpot a limited, non-exclusive, irrevocable, and royalty free right to use any such photograph, solely for the purposes of providing services and improving the Kiosk (including the security and customer service thereof). You acknowledge that ChargeItSpot shall not owe any financial or other remuneration to you or anyone else for using such photograph. For the sake of clarity, ChargeItSpot shall not exploit or use your photograph for any purpose other than to provide (a) security for your Phone and the Kiosk (including the mitigation of any loss or damage to your Phone or the Kiosk) (b) and customer service with respect to your use of the Kiosk, which may include ChargeItSpot’s internal use to improve the service provided by the Kiosk. ChargeItSpot will not share or disclose your photograph to third parties, except as required by law or as necessary for security purposes to mitigate any loss or damage to your Phone or the Kiosk.

If your Phone is employer-owned or otherwise owned by a third party, you agree to these Terms on behalf of your employer or such third party and represent and warrant that you have the authority to do so. Receiving our text/SMS messages may cause you to incur SMS or data charges with your wireless provider. We have no control over these charges, and if you do not wish to be charged, you should follow our opt-out instructions.

THE KIOSK IS PROVIDED “AS-IS.” OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, CHARGEITSPOT DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THE KIOSK, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHARGEITSPOT MAKES NO PROMISES ABOUT THE KIOSK, INCLUDING ITS FUNCTIONS OR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS OR TO ACHIEVE ANY SPECIFIC LEVEL OF SANITIZATION. CHARGEITSPOT ALSO DOES NOT MAKE ANY WARRANTIES OF NON-INFRINGEMENT, FREEDOM FROM DEFECTS, VIRUSES OR MALWARE, OR ERROR-FREE OR UNINTERRUPTED OPERATIONS. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, CHARGEITSPOT IS NOT RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES AND CHARGEITSPOT’S TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS OR RELATING TO YOUR USE OF A KIOSK IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE KIOSK.

FURTHERMORE, CHARGEITSPOT PROVIDES THIS KIOSK SOLELY FOR THE PURPOSE OF PROVIDING THE MERCHANT OR SPONSOR A PHONE CHARGING SOLUTION THAT CAN BE USED BY THEIR RESPECTIVE CUSTOMERS AND VISITORS. CHARGEITSPOT IS NOT RESPONSIBLE FOR, NOR DOES IT HAVE ANY LIABILITY WITH RESPECT TO THE CONDITIONS OF THE KIOSK’S LOCATION OR ANY OF THE MERCHANT’S PREMISES SURROUNDING THE KIOSK’S LOCATION THAT MUST BE ACCESSED IN ORDER TO USE THE KIOSK. USER AGREES TO DEFEND, INDEMNIFY, AND HOLD CHARGEITSPOT AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS OR CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, JUDGMENTS, CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES ARISING FROM, DIRECTLY OR INDIRECTLY, USER BEING PRESENT AT THE LOCATION OF THE KIOSK.

These Terms shall be governed by the laws of the United States and the Commonwealth of Pennsylvania, excluding Pennsylvania’s conflict of laws rules.

ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. IN THE INTEREST OF EFFFICIENCY, ARBITRATION MAY BE MORE LIMITED THAN A LAWSUIT, WITH CERTAIN ACTIONS, SUCH AS DISCOVERY AND THE RIGHT TO APPEAL, BEING LIMITED OR UNAVAILABLE. THE ARBITRATION SHALL BE HELD IN PHILADELPHIA, PENNSYLVANIA AND YOU AND CHARGEITSPOT CONSENT TO SUCH METHOD OF DISPUTE RESOLUTION.

These Terms may be updated periodically on the Kiosk and/or our website (www.chargeitspot.com) and without prior notice to you to reflect changes in how we may provide the Kiosks and UV-C Systems and in our personal information practices. We will indicate at the top of the Terms when it was most recently updated. To view these Terms online, please visit www.chargeitspot.com/privacy-terms/kiosk/.

* See full list of viruses and bacteria here