Terms of Service

Last Modified: May 9, 2024

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Rove Charging, LLC ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of the Rove Charging app, including any content, functionality, and services offered on or through the Rove Charging mobile app and corresponding software (the "App") and rovecharging.com, including any content, functionality, and services offered on or through www.rovecharging.com (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the App or Website. By using the App or Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy [insert link], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the App or Website.

The App and Website are offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the App or Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App or Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the App and Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the App or Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the App or Website and Account Security

We reserve the right to withdraw or amend the App or Website, and any service or material we provide on the App or Website, in our sole discretion without notice. We will not be liable if, for any reason all or any part of the App or Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the App or Website or the entire App or Website.

You are responsible for both:

• Making all arrangements necessary for you to have access to the App or Website.

• Ensuring that all persons who access the App or Website through your internet connection are aware of these Terms of Use and comply with them.

To access the App or Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the App or Website that all the information you provide on the App or Website is correct, current, and complete. You agree that all information you provide to register with the App or Website or otherwise, including, but not limited to, through the use of any interactive features on the App or Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the App or Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Company cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The App or Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the App or Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App or Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the App or Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

• You may download a single copy of the App and any future mobile application provided by the Company to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our End User License Agreement set forth below for such applications.

• If we provide social media features with certain content, you may take actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.

• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the App or Website or any services or materials available through the App or Website.

If you wish to make any use of material on the App or Website other than that set out in this section, please address your request to: press@rovecharging.com

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App or Website in breach of the Terms of Use, your right to use the App or Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the App or Website or any content on the App or Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the App or Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

End User License Agreement for the App

1. Use of the App. Subject to the terms and conditions of this Terms of Use, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable license to use the App for your personal, noncommercial use only and as permitted by the features of the App. Company reserves all rights not expressly granted herein in the App. Company may terminate this license at any time for any reason or no reason.

2. Use of Mobile Software. We may make available software to access the App via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the App. Company does not warrant that the Mobile Software will be compatible with your mobile device. Company hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use a compiled code copy of the Mobile Software for one Company account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Company may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Terms of Use will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Company or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Terms of Use, is void. Company reserves all rights not expressly granted under this Terms of Use. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Terms of Use and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the App.

Trademarks

The Company name, the terms Rove and Rove Charging, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this App or Website are the trademarks of their respective owners.

Prohibited Uses

You may use the App or Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App or Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App or Website, or which, as determined by us, may harm the Company or users of the App or Website or expose them to liability.

Additionally, you agree not to:

• Use the App or Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the App or Website, including their ability to engage in real time activities through the App or Website.

• Use any robot, spider, or other automatic device, process, or means to access the App or Website for any purpose, including monitoring or copying any of the material on the App or Website.

• Use any manual process to monitor or copy any material on the App or Website or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the App or Website.

• Introduce any malware, viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App or Website, the server on which the App or Website is stored, or any server, computer, or database connected to the App or Website.

• Attack the App or Website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise, attempt to interfere with the proper working of the App or Website.

User Contributions

The App or Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the App or Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the App or Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the App or Website.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or Website or the public, or could create liability for the Company.

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App or Website.

• Terminate or suspend your access to all or part of the App or Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App or Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review material before it is posted on the App or Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

• Be likely to deceive any person.

• Promote any illegal activity, or advocate, promote, or assist any unlawful act.

• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

• Impersonate any person or misrepresent your identity or affiliation with any person or organization.

• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

• Infringe on any trademarks or copyrights.

Copyright Infringement

It is Company’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the App or Website, please email us at support@rovecharging.com with the subject line: Attn: DMCA Notice.

For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

2. Identification of the copyrighted work that you claim has been infringed;

3. Identification of the material that is claimed to be infringing and where it is located on the App or Website;

4. Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number, and e-mail address;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

6. A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Company's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable laws, Company has adopted a policy of terminating, in appropriate circumstances, Accounts of users who are deemed to be repeat infringers. Company may also, at its sole discretion, limit access to the App or Website and/or terminate the accounts of any Account users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Reliance on Information Posted

The information presented on or through the App or Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App or Website, or by anyone who may be informed of any of its contents.

This App or Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the App or Website

We may update the content on this App or Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the App or Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the App or Website

All information we collect on this App or Website is subject to our Privacy Policy. By using the App or Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of electric vehicle charging, car washes, goods, services, or information carried out through the App or Website, or resulting from visits made by you, are governed by our EV Charging Terms of Use and our Car Wash Terms of Use which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services, or features of the App or Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

This App or Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the App or Website.

• Send emails or other communications with certain content, or links to certain content, on the App or Website.

• Cause limited portions of content on this App or Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.

• Cause the App or Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

• Link to any part of the App or Website other than the homepage.

• Otherwise take any action with respect to the materials on this App or Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion.

Links from the App or Website

If the App or Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, banner advertisements, and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this App or Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the App or Website is based in the State of California in the United States. We provide this App or Website for use only by persons located in the United States. We make no claims that the App or Website or any of its content is accessible or appropriate outside of the United States. Access to the App or Website may not be legal by certain persons or in certain countries. If you access the App or Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App or Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE APP OR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR WEBSITE IS AT YOUR OWN RISK. THE APP AND WEBSITE, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP OR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APP OR WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP OR WEBSITE, ANY WEBSITES LINKED TO THE APP OR WEBSITE, ANY CONTENT ON THE APP OR WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF THE APP OR WEBSITE, INCLUDING, BUT NOT LIMITED TO, YOUR USER CONTRIBUTIONS, ANY USE OF THE APP OR WEBSITE'S CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE, OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE APP OR WEBSITE.

Governing Law and Jurisdiction

All matters relating to the App or Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the App or Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Los Angeles and County of Los Angeles, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.

Arbitration

At Company's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the App or Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER (OR, IN THE CASE OF COMPANY, THE COMPANY PARTIES) ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate one or more person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If there is a final judicial determination that applicable law precludes enforcement of this section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP OR WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Assignment

This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement

The Terms of Use, our Privacy Policy, our EV Charging Terms of Use, and our Car Wash Terms of Use constitute the sole and entire agreement between you and Rove Charging, LLC regarding the App or Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App or Website.

Your Comments and Concerns

This App and website are operated by Rove Charging, LLC, located at 2619 Manhattan Beach Boulevard, Redondo Beach, CA 90278.

All other feedback, comments, requests for technical support, and other communications relating to the App or Website should be directed to: support@rovecharging.com

Last Modified: April 24, 2024

Acceptance of the Terms of Use

These Electric Vehicle Charging Terms of Use are entered into by and between you and Rove Charging, LLC ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms"), govern your use of electric vehicle chargers (“Charger”) operated by the Company, collectively they are called the “Network”. The Company may amend these Terms from time to time and any changes are effective when posted to this page.

Use of Chargers

You are permitted to use the Network, in the manner permitted by these Terms, and subject to the conditions of these Terms, including payment of the amount required for each occasion on which you use a Charger. When you use a Charger, you agree to follow all applicable product, vehicle, safety, and technical documentation for the Charger and for any vehicle that you connect to the Charger. You also agree to use the correct equipment and connector type for the vehicle. The Company only permits the use, with its Chargers, of adapters sold by automakers. Your use of any other adapter with the Network is prohibited. You acknowledge and agree that the Chargers are intended for use and are to be used solely for standard, industry-manufactured and recognized automotive land electric vehicles, and that you are prohibited from using a Charger with any other type of vehicle or electric transportation. This prohibition includes, without limitation, electric boats, home-built electric vehicles, home-built onboard chargers, and vehicles that contain personally modified chargers. To the maximum extent permitted under applicable law, the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, shall have no responsibility to you for any damages or losses resulting from your failure to comply with this paragraph, including without limitation any damages to personal property or arising from personal injury or death. You further acknowledge and agree to indemnify, defend, and hold the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless for any damage, liability, or loss experienced by any person resulting from your failure to comply with the terms of this paragraph.

• A Charger may be located and hosted on a third party’s property, or access to a Charger may require traversing a third party’s property (either type of such third party is referred to as a “Host”). You agree to observe and obey any and all rules set by Hosts pertaining to their property and the use of or access to Chargers on such Host properties, including, but not limited to, general customer or visitor conduct, parking restrictions, parking time limitations, and hours of operation. You are solely responsible for any damage, fees, penalties, or loss caused by your noncompliance with any Host rules.

• You may be able to access Chargers that are not operated by the Company at Company locations. Such charging stations may be subject to additional terms and conditions, additional fees, or other costs. If you use such charging stations, you agree to abide by such additional terms and conditions, to be responsible for such fees or other costs, and to indemnify, defend and hold the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from any and all damages, fees, costs, penalties, fines, and other expenses related to your use of such charging stations.

• You may not intentionally cause damage to Chargers, the Network, equipment, vehicles, or other property on site.

• Unless otherwise agreed to by Company in signed writing, you shall not in any manner, directly or indirectly, resell or allow your account, the Chargers, the Network, or any Company equipment to be used by another person or entity.

• You agree to comply with all applicable laws and regulations when accessing or using the Chargers or Network, and you may only access or use the Chargers and Network for lawful purposes.

• You may not use the Chargers or Network (i) in any way that could cause harm, nuisance, annoyance, inconvenience, damage or adversely affect any person or Company’s reputation or property, including Chargers or the Network, or (ii) in any way prohibited by these Terms, any supplemental terms or other Company policies. Additionally, you may not attempt to repair, physically modify, reverse engineer or derive source code from any Charger, the Network, or Company property. You acknowledge and agree that the manufacturer of all Charger-related equipment has reserved all rights, titles, and interests in and to the intellectual property associated with Company 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.

• In consideration of others who need to use a Charger, we ask that you move your vehicle when it is finished charging. In addition to the fees detailed hereinafter, you also authorize the Company to tow your vehicle if it blocks a charging stall while you are not actively charging. Idle fees may accrue on a per-minute basis if your car remains parked in a charging stall or connected to a charging station after it is finished charging. Congestion fees may accrue on a per-minute basis if the site is busy and your car remains parked in a charging stall or connected to a charging station after (i) your vehicle has reached a high battery charge level (such level shall be determined by the Company, in its sole discretion, and which may change from time to time) or (ii) once charging is complete, whichever comes first.

Payments for Charging

• For any occasion that you use a Charger, you agree to pay the cost determined for such use, as well as any related fees, charges, or taxes. Such payment may be made by card reader at the Charger (which may accept credit cards, debit cards, and/or payment by mobile wallet) or via the Company’s mobile application (the “App”). Payment via the App may be made by utilizing a third-party payment service (such as Apple Pay or Google Pay), adding and utilizing credit or debit cards in your Company account, or by checking out as a guest and using a specified payment method for that transaction. You are not required to create an account with the Company to charge your vehicle or to pay via the App.

• The unit prices for your use of a given Charger will be the unit prices stated in the App or on the face of the Charger, subject to adjustment from time to time and subject to the characteristics of your charging session, including your geographic location, the maximum charging rate and the time of day you initiate a session using that Charger. The Company reserves the right to modify prices and fees at any time. Prices may include, but are not limited to, a price per kilowatt-hour of energy delivered by the Charger; a price-per-minute of charging; and a price per minute that your vehicle is connected in an idle, non-charging state (for example, idle fees). The cost of your use of a Charger may also include applicable taxes added to the cost calculated and may also include a fixed fee as stated in the App or on the face of the Charger. You acknowledge that the information presented by the App or Charger governs the determination of the cost you will pay, and you agree not to rely on prices displayed elsewhere. For Chargers where prices can vary depending on the maximum charging rate for a session, you agree that the maximum charging rate is based on the maximum requested by your vehicle. You acknowledge that the actual charging rate may vary during a session and that the highest rate achieved during a session may be lower than that maximum due to factors such as vehicle capacity at the start of charging, temperature, battery age, vehicle efficacy, vehicle usage, and power output of the charging station.

Payment via the App

• If you choose to pay via the App, you may check out as a guest, you may check out using a third-party payment service (such as Apple Pay or Google Pay), or you may add payment methods to your account and use such payment methods to pay via the App.

• In order to pay for electric vehicle charging or other services provided by the Company via your account, you must maintain at least one valid payment method in your account. Any services received may result in charges being applied to your saved payment method, and charges may include taxes as required by law. Your failure to maintain accurate, complete, and up-to-date payment information, including an invalid or expired payment method, may result in your inability to access or use services such as electric vehicle charging via your account. You may, however, utilize other payment methods.

• For charges that support automatic or recurring payments, you understand that your payment method will be charged each time your service automatically renews at the end of the prescribed period, unless turned off at least twenty-four (24) hours prior to the end of the current billing period. You can manage or turn off automatic payments in your account anytime.

• When you pay, certain information, including, but not limited to, device location, device identification number, and certain card information, may be sent to the Company and shared with our payment processor. When a stored payment method or a new credit card is used for purchasing goods and services on a Company hosted website or application, the necessary information to process payment will be shared with our processors and our banking partners, to process your payment, comply with financial regulations, to prevent fraud, and for troubleshooting any payment issues.

Payment via the card reader

• If you choose to pay at the card reader at the Charger, such card reader may accept credit cards, debit cards, and/or payment by mobile wallet.

• When you pay, certain information including, but not limited to location and card information, may be sent to the Company and shared with our payment processor and our banking partners, to process your payment, comply with financial regulations, to prevent fraud, and for troubleshooting any payment issues.

• You allow the Company to store, maintain, and recover funds from your specified payment method in accordance with these Terms. For information on how we handle your payment information, please see the Company’s Privacy Policy.

• If you violate these Terms, we may limit or block your vehicle's ability to use the Chargers and related services until payment issues are resolved.

• If you fail to pay any amount owed under these Terms when payment is due, you shall reimburse the Company for all reasonable costs incurred (including reasonable attorney’s fees) in collecting past-due amounts. Unless otherwise specified in these Terms, all your obligations with respect to the amounts due to Company under the Terms shall survive the expiration or termination of the Terms for any reason.

Subscription Plans

The App or Company website may provide you the option to sign up for a monthly subscription plan that provides discounted pricing for use of the Network, for a monthly fee. The details of such discounts and the amount of the fee are set forth in the subscription plan details. Company may change such subscription plan details for any plan, upon prior notice to you and providing you an opportunity to decide whether to cancel or to renew your plan. Company may cancel a plan type, but your existing plan will continue through the end of the last time period for which you have paid. If the Company provides monthly subscription plans, the following terms apply:

• Automatic Renewal. Your subscription plan will continue month-to-month and automatically renew until terminated. You must cancel your membership before it renews each month in order to avoid billing the next month's membership fee to your payment method on file.

• Payment. You will need to provide the Company with payment information, and authorization to use the payment information for recurring subscription fees, in order to subscribe to a plan. Subscription fees are fully earned upon payment. In some cases, your payment date may change, for example if your payment method has not successfully settled or if your paid membership began on a day not contained in a given month. You can find specific details on your next payment date through the App by viewing your billing details. You authorize the Company to charge any payment method associated to your account in case your primary payment method is declined or no longer available to the Company for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, Company may suspend your plan until Company has successfully charged a valid payment method.

• Cancellation. You can cancel or terminate your plan by using the appropriate options provided in the App, or by using the appropriate options provided on the Company website. You must be logged into your account to cancel a plan using the App or the Company Website.

• Company will not provide refunds or credits for subscription fees for any partial-month subscription periods.

• Limitations. All subscription plans are non-transferable, and you are not permitted to allow any other person to use your plan. The sale, barter, transfer or assignment of any subscription plan benefits is strictly prohibited. Without limiting any other remedies, Company may suspend or terminate your plan if it suspects, in its reasonable discretion, that you or any other person has engaged in fraudulent activity in connection with your plan, including without limitation by providing personal information that is untrue, inaccurate or not current.

Refunds

All purchases and any related fees, charges, and payments are not refundable for any reason unless required under applicable law.

Disclaimer of Warranties

YOUR USE OF THE CHARGERS OR NETWORK IS AT YOUR OWN RISK. THE CHARGERS AND NETRWORK ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE CHARGERS OR NETWORK. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE CHARGERS OR NETWORK, OR ANY SERVICES PROVIDED BY THE CHARGERS OR NETWORK WILL BE RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CHARGERS OR NETWORK OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CHARGERS OR NETWORK WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND COMPANY’S CONTROL. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF CHARGERS OR NETWORK, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF COMPANY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE CHARGERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO COMPANY (DURING THE TWELVE (12) MONTHS) PRECEDING YOUR CLAIM OR TEN U.S. DOLLARS ($10 USD), WHICHEVER IS GREATER. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE SERVICES THAT COMPANY PROVIDES UNDER THIS TOU WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

No Liability for Negligence

YOU HEREBY AGREE THAT, ABSENT PROOF OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY THE COMPANY, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE TO PROPERTY, INJURY OR DEATH, OR OTHER HARM, TO YOU OR TO ANY OTHER PERSON, RESULTING OR ARISING FROM THE NEGLIGENT ACTS OR OMISSIONS OF COMPANY OR OF ANY OTHER PERSON, INCLUDING SUCH NEGLIGENT ACTS OR OMISSIONS BY YOU. YOU SPECIFICALLY AGREE THAT, ABSENT PROOF OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY COMPANY, COMPANY SHALL NOT BE LIABLE FOR ANY HARM RESULTING OR ARISING FROM ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF INFORMATION THAT YOU HAVE PROVIDED TO COMPANY OR THAT COMPANY HAS OBTAINED ABOUT YOU FROM THIRD PARTIES.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF THE CHARGERS OR NETWORK.

Governing Law and Jurisdiction

All matters relating to the Chargers or Network and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, arbitration or proceeding arising out of, or related to, these Terms or the Chargers or Network shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Redondo Beach and County of Los Angeles, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Jury Waiver

AS TO ANY PROCEEDING IN COURT, YOU AND COMPANY BOTH WAIVE YOUR RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE.

Arbitration

At the Company's sole discretion, it may require you to submit any disputes arising from these Terms or use of the Chargers or Network, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law in the City of Los Angeles, County of Los Angeles, California.

12. Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER (OR, IN THE CASE OF THE COMPANY, THE COMPANY PARTIES) ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE ONE OR MORE PERSON’S CLAIMS WITH YOUR CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THERE IS A FINAL JUDICIAL DETERMINATION THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF THIS SECTION’S LIMITATIONS AS TO A PARTICULAR CLAIM FOR RELIEF, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND MAY BE BROUGHT IN COURT.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE CHARGERS OR NETWORK MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Assignment

This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by the Company without restriction. Any attempted transfer or assignment in violation of this provision shall be null and void.

Entire Agreement

These Terms, the Website and App Terms of Use, our Privacy Policy, and our Car Wash Terms of Use constitute the sole and entire agreement between you and Rove Charging, LLC regarding the Chargers and Network and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Chargers or Network.

Your Comments and Concerns

This App and website are operated by Rove Charging, LLC located at 2619 Manhattan Beach Boulevard, Redondo Beach, CA 90278.

All other feedback, comments, requests for technical support, and other communications relating to the App or Website should be directed to: info@rovecharging.com.

Last Modified: May 7, 2024

Acceptance of the Car Wash Terms of Use

PLEASE READ THESE ROVE CAR WASH TERMS OF USE (“TERMS”) CAREFULLY. These Terms contain an arbitration agreement, class action waiver, and jury trial waiver. BY AGREEING TO THESE TERMS, YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED HEREIN TO RESOLVE ANY DISPUTES (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

Rove Charging, LLC (“Company”) offers for sale online car wash services available at the network of Rove Car Wash locations operated by affiliates of the Company (collectively “we,” “us,” or “our”). The online sales are offered through the Rove Charging mobile application (“App”), and car wash sales are also available at the car wash kiosk present at any car wash location (“kiosk”).

These Terms & Conditions (“Terms”) govern your online purchase from Company through the App or at the kiosk of car wash services (each, a “prepaid wash pass” or “pass”). The Company may also offer for sale through the App or kiosk different car wash membership plans; your enrollment and membership in any membership plan are subject to additional terms. Use of the App and the Rove website (www.rovecharging.com, the “Website”) is governed by Rove’s Website and App Terms of Service (“Website and App Terms of Service”).

TERMS

If you purchase car wash services through the App or kiosk, you will be required to submit certain personally identifiable information to the Company and our service providers or licensors. The collection, use, disclosure, and other processing of your personally identifiable information is subject to our Privacy Policy incorporated herein. Please review our Privacy Policy to understand our practices.

As used in these Terms, the “Service” or the “services” means the car wash services provided to your vehicle by Company upon redemption of your pass or single use code.

By accepting these Terms or otherwise utilizing the services, you agree that you have read and understand these Terms. If you do not agree with these Terms, do not purchase a pass or car wash, and do not use the services.

The Company may modify these Terms at any time. All changes will be effective immediately upon posting to the Website or the App. By making an online purchase of a pass or car wash or using the services, after changes are posted, you agree to those changes.

1. Purchase and Redemption

Car Wash Options

We offer for sale online single car wash services at the service levels described on the Website and/or the App with each sale represented by a prepaid wash pass. You may purchase one or multiple passes at a time, and you will receive a unique code for each pass. Passes can be redeemed (see “Redemption” below) at any Company location offering the purchased car wash service level. Not all passes may be redeemed at all locations as certain locations may not offer car wash services.

Purchase

Each pass purchased will entitle you to a single car wash at the service level purchased.

No Expiration

Purchased passes do not expire. One-time use codes for passes are active for 90 days. If not redeemed within 90 days, please see a Rove team member on-site or contact support@rovecharging.com for a replacement code.

If the price of a service level increases in the future, the pass will still be redeemable for a service level at least equivalent to the service level offered at the time of purchase. Prepaid wash passes may, however, be subject to cancelation as set forth below. The company may also issue promotional coupons, certificates, vouchers, or rewards which may include expiration dates.

Redemption

To redeem a pass and obtain your purchased car wash service, visit any Company location that offers the service level purchased and present the corresponding one-time code provided to you (each, a “prepaid wash pass” or “pass”) at the payment kiosk.

Personal Use Only

Each purchased prepaid wash pass is for your personal use only. Resale or transfer of your prepaid wash pass is expressly prohibited.

Posted Restrictions and Instructions

You are responsible for complying with any posted restrictions and instructions, including size restrictions. The use of the car wash is only for vehicles that comply with posted clearance restrictions.

Concerns

If you have any concerns regarding a redeemed car wash, please see the Rove team member on-site prior to leaving. For all other concerns, please email support@rovecharging.com.

2. Billing and Payments

Charges

The purchase price for each prepaid wash pass is fully earned by the Company upon completion of your online purchase, and the purchase price amount will be collected, processed, and charged at that time, regardless of whether or when you redeem your pass.

Payments

a) For any occasion that you use the services, you agree to pay the cost determined for such use, as well as any related fees, charges, or taxes. Such payment may be made by card reader at the car wash kiosk (which may accept credit cards, debit cards, and/or payment by mobile wallet) or via the Company’s App. Payment via the App may be made by utilizing a third-party payment service (such as Apple Pay or Google Pay), adding and utilizing credit or debit cards in your Company account, or by checking out as a guest and using a specified payment method for that transaction. If you do not create an account, you will be required to provide an email address, and your pass will be emailed to you. Such email addresses may be stored in accordance with our Privacy Policy. You are not required to create an account with the Company to use the services or to pay via the App.

b) The prices for your car wash pass will be the prices stated in the App or at the car wash kiosk, subject to adjustment from time to time and subject to the characteristics of your use, including your geographic location. The Company reserves the right to modify prices and fees at any time. The cost of your use of the services may also include applicable taxes added to the cost calculated and may also include a fixed fee as stated in the App or at the car wash kiosk. You acknowledge that the information presented by the App or car wash kiosk governs the determination of the cost you will pay, and you agree not to rely on prices displayed elsewhere.

c) Payment via the App:

• If you choose to pay via the App, you may check out as a guest, you may check out using a third-party payment service (such as Apple Pay or Google Pay), or you may add payment methods to your account and use such payment methods to pay via the App.

• To pay for the services via your account, you must maintain at least one valid payment method in your account. Any services received may result in charges being applied to your saved payment method, and charges may include taxes as required by law. Your failure to maintain accurate, complete, and up-to-date payment information, including an invalid or expired payment method, may result in your inability to access or use services such as electric vehicle charging via your account. You may, however, utilize other payment methods.

• For charges that support automatic or recurring payments, if any, you understand that your payment method will be charged each time your service automatically renews at the end of the prescribed period unless turned off at least twenty-four (24) hours prior to the end of the current billing period. If recurring payments are enabled, you can manage or turn off automatic payments in your account at any time.

• When you pay, certain information, including, but not limited to, device location, device identification number, and certain card information, may be sent to the Company and shared with our payment processor. When a stored payment method or a new credit card is used for purchasing goods and services on a Company hosted website or application, the necessary information to process payment will be shared with our processors and our banking partners, to process your payment, comply with financial regulations, to prevent fraud, and for troubleshooting any payment issues.

d) Payment via the card reader:

• If you choose to pay at the card reader at the kiosk, such card reader may accept credit cards, debit cards, and/or payment by mobile wallet.

• When you pay, certain information, including, but not limited to, location and card information, may be sent to the Company and shared with our payment processor and our banking partners, to process your payment, comply with financial regulations, to prevent fraud, and for troubleshooting any payment issues.

e) You allow the Company to store, maintain, and recover funds from your specified payment method in accordance with these Terms. For information on how we handle your payment information, please see the Rove’s Privacy Policy.

f) If you violate these Terms, we may limit or block your vehicle's ability to use the services until payment issues are resolved.

g) If you fail to pay any amount owed under these Terms when payment is due, you shall reimburse the Company for all reasonable costs incurred (including reasonable attorney’s fees) in collecting past-due amounts. Unless otherwise specified in these Terms, all your obligations with respect to the amounts due to the Company under the Terms shall survive the expiration or termination of the Terms for any reason.

Changes to the Services or Price

The company reserves the right to change car wash service levels or adjust future pricing for prepaid wash passes sold in any manner and at any time as Company may determine in its sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes for passes or changes to the services will take effect immediately upon being posted. If the price of a service level increases in the future, each previously purchased pass will still be redeemable for a service level at least equivalent to the prepaid wash pass as purchased.

Refunds

All purchases and any related fees, charges, and payments are not refundable for any reason unless required under applicable law.

Interruption in Services

The services offered at each Company location may vary and may be interrupted or affected by a variety of factors, including, without limitation inclement weather, maintenance, holidays, store upgrades, or governmental order.

Device Lost or Stolen

If your computer, laptop, mobile telephone, or other device containing the prepaid wash pass(es) is lost or stolen or your email or SMS texting application is compromised, you acknowledge that we are not responsible for third-party access to or use of prepaid wash passes or access to your Account or the App.

3. Communications

Communication Preferences

We will send you information relating to your purchases (e.g., bar codes, payment authorizations, invoices, changes in Payment Method, confirmation messages, notices) in electronic form only, for example, via your Account, via emails to the email address you provided or via text messages to the mobile telephone number you provided. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including any requirements that such communications be in writing. You must maintain either a valid email address or mobile telephone number associated with your Account so that we may contact you. To add your email or phone number to your Account, go to the Website or contact us as provided below. See our Privacy Policy.

Restrictions on Website, App, and Passes

You agree to use the Website and the App in accordance with all applicable laws, rules, and regulations. See our Website and App Terms of Service. We may cancel your prepaid wash passes if you violate these Terms, the Website and App Terms of Service, or are engaged in illegal or fraudulent use of the Website, App, your account, or prepaid passes.

4. Disclaimers of Warranties and Limitations on Liability

THE WEBSITE, THE APP, AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND (EXPRESS OR IMPLIED) TO THE FULLEST EXTENT PERMITTED BY LAW. THE COMPANY MAKES NO GUARANTY, REPRESENTATION, OR WARRANTY THAT ALL CAR WASH SERVICES OR LEVELS WILL BE AVAILABLE AT ALL ROVE CAR WASH LOCATIONS.

THE COMPANY MAKES NO REPRESENTATION THAT THE SERVICES ARE SUITABLE FOR YOUR VEHICLE. WITHOUT LIMITING THE GENERALITY OF THE PROVISIONS SET FORTH BELOW, COMPANY SPECIFICALLY DISCLAIMS LIABILITY FOR DAMAGE TO YOUR VEHICLE WITH RESPECT TO THE FOLLOWING ITEMS:

• PRE-EXISTING DAMAGE OR VEHICLE ISSUES AND LOOSE OR BROKEN PARTS

• NEGLIGENCE (DRIVING, STEERING, BRAKING, ETC.)

• ELECTRIC RUNNING BOARDS IN LOWERED POSITION

• AFTERMARKET AND NON-FACTORY PARTS

• ANTENNAS OR SIDE MIRRORS (PLEASE REMOVE OR RETRACT)

• UNSECURED PERSONAL ITEMS

• RACKS (ROOF AND REAR)

• WINDSHIELDS, AND CRACKS OR EXPANSIONS OF EXISTING NICKS, CHIPS, OR CRACKS

• VEHICLE BADGES OR EMBLEMS

• MOONROOFS, SUNROOFS, GLASS, OR BUG SHIELDS

• TRIM, MOLDING, OR SPOILERS

• WINDSHIELD WIPERS

• BODY OR PAINT/WRAP DAMAGE OR SCRATCHES

• WATER DAMAGE

• VEHICLES OVER 5 YEARS OLD

• YOUR FAILURE TO FOLLOW RULES OR INSTRUCTIONS POSTED AT THE CAR WASH

• YOUR FAILURE TO FOLLOW TRAFFIC LAWS

• A VEHICLE WHICH DOES NOT FIT IN THE CAR WASH OR WHICH VIOLATES POSTED SIZE RESTRICTIONS

TO THE EXTENT PERMISSALE UNDER APPLICABLE LAWS, IN NO EVENT SHALL ROVE CHARGING, LLC OR ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (“COMPANY PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANYONE FOR WHOM YOU PURCHASE PREPAID WASH PASS FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE COMPANY PARTIES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY (WHETHER UNDER CONTRACT, TORT, STATUTE, OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE ONE MONTH PRECEDING THE DATE THE CLAIM AROSE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE PREPAID WASH PASS AND ACCESSING THE SERVICES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE TERMINATION OR CANCELATION OF THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

No Liability for Negligence

YOU HEREBY AGREE THAT, ABSENT PROOF OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY COMPANY, COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE TO PROPERTY, INJURY OR DEATH, OR OTHER HARM, TO YOU OR TO ANY OTHER PERSON, RESULTING OR ARISING FROM THE NEGLIGENT ACTS OR OMISSIONS OF COMPANY OR OF ANY OTHER PERSON, INCLUDING SUCH NEGLIGENT ACTS OR OMISSIONS BY YOU. YOU SPECIFICALLY AGREE THAT, ABSENT PROOF OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY COMPANY, COMPANY SHALL NOT BE LIABLE FOR ANY HARM RESULTING OR ARISING FROM ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF INFORMATION THAT YOU HAVE PROVIDED TO COMPANY OR THAT COMPANY HAS OBTAINED ABOUT YOU FROM THIRD PARTIES.

Indemnification

YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR USE OR MISUSE OF THE PREPAID WASH PASSES OR SERVICES, OR (B) YOUR BREACH OF THESE TERMS. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.

5. Arbitration Agreement, Waiver of Trial by Jury, and Waiver of Class Action

Any dispute, claim, or controversy of any nature arising out of or relating in any way to the use of the Website, the App, the purchased prepaid wash passes, the car wash services, these Terms, or the Arbitration Agreement (as defined below), including without limitation the interpretation, validity, scope, or applicability of these Terms or the Arbitration Agreement (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, shall be resolved by binding arbitration on an individual, and not a class or representative, basis under the terms set forth below (the “Arbitration Agreement”). This Arbitration Agreement applies to you and the Company and any of its subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION. Neither the agreement to arbitrate nor the waiver of the right to participate in a class action or other proceeding involving multiple claimants shall be construed as a limitation on or waiver of a party’s right to seek public injunctive relief, where warranted, in such arbitration.

Disputes Excluded from Arbitration

In the event of any actual, alleged, or threatened violation of confidentiality or violation of the Company's or its licensor’s intellectual property or other proprietary rights, the Company may immediately resort to court proceedings in a court of competent jurisdiction as set forth above in order to seek immediate injunctive relief without posting of a bond, proof of damages, or other similar requirements. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.

Confidential Proceedings

The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including, but not limited to, all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party, except as expressly agreed in writing by all parties or otherwise may be required by law.

Arbitrator

The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) under the AAA’s then-current and applicable Commercial Arbitration Rules (the “AAA Rules”) before a single arbitrator selected pursuant to the AAA Rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action.

Place and Governing Law

The place of arbitration shall be in Los Angeles County, California unless otherwise agreed to in writing by all parties to the arbitration. To the extent state law is applicable, the laws of the State of California shall apply without regard to conflict-of-laws provisions.

Survival - Severability

This Arbitration Agreement provision will survive the termination of these Terms. Except as set forth in the section titled “Class Action Waiver” below, if any portion of this Arbitration Agreement is deemed invalid or unenforceable through a final judicial determination, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remaining terms, provisions, covenants, and restrictions of this Arbitration Agreement will remain in full force and effect. Otherwise, no portion of this Arbitration Agreement may be amended, severed, or waived absent a written agreement between you and Company.

Time Limitation on Claims

The parties agree that they must initiate arbitration within one (1) year after the party discovered or should have discovered the Dispute, unless applicable state or federal law expressly does not permit for the parties to shorten the length of a limitations or repose period or enforcement of this provision contradicts an applicable fundamental public policy; otherwise, the parties agree that the Dispute is permanently barred.

Class Action Waiver

YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER (OR IN THE CASE OF COMPANY, THE COMPANY PARTIES) ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE ONE OR MORE PERSON’S CLAIMS WITH YOUR CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THERE IS A FINAL JUDICIAL DETERMINATION THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF THIS SECTION’S LIMITATIONS AS TO A PARTICULAR CLAIM FOR RELIEF, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND MAY BE BROUGHT IN COURT.

6. Miscellaneous

Governing Law, Forum Selection, and Jury Waiver

Except as set forth in the Arbitration Agreement section above, all matters relating to these Terms, your Account, or the prepaid wash passes shall be governed by and construed in accordance with the applicable laws of the United States of America and the laws of the State of California without regard to choice-of-law principles or conflict-of-laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

Unless you and Company agree otherwise if it is determined or these Terms provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court) shall be resolved in the United States District Court for the District of California, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the District of California for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of California located in Los Angeles County, and you submit to the personal jurisdiction of that court.

The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement section. Instead, as provided in the Arbitration Agreement section, the FAA shall apply to any such disputes.

Jury Waiver

AS TO ANY PROCEEDING IN COURT, YOU AND THE COMPANY BOTH WAIVE YOUR RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE.

Feedback

Company is free to use any comments, information, ideas, concepts, reviews, techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Website, App, and user interfaces, worldwide and in perpetuity without further compensation, acknowledgment, or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and creating, modifying, or improving any membership plan. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.

Miscellaneous

We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent, and any such attempted or purported assignment or delegation without our prior written consent is void. These Terms do not confer any rights, remedies, or benefits upon any person other than you and Company, except that our affiliates are third-party beneficiaries of these Terms. These Terms, our Privacy Policy, the Electric Vehicle Terms of Use, and the Website and App Terms of Use are the entire agreement between you and Company with respect to the Website and the App and any purchase via the Website or the App. Company’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Company. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions, and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms are to the benefit of the successors and assigns of Company. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms of your use of the Website and the App and any purchase via the Website or the App. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

CONTACT US

Please contact us by email at info@rovecharging.com, or by mail at 2619 Manhattan Beach Boulevard, Redondo Beach, CA 90278.

Last Modified: May 30, 2024

Coverage

The Rove mobile message service (the "Service") is operated by Rove Operating, LLC (“Rove”, “we”, or “us”). These terms govern your consent to receive marketing messages from us and our marketing partners via SMS or text messages text (such as SMS, MMS, or successor protocols or technologies) (“Text Messages”). By signing up for the Service, as defined in the Terms of Service, or by otherwise expressly accepting these terms, you confirm that you have read, understand, and agree to be bound by these terms (“Mobile Terms”).

Eligibility

By participating in the Service, you acknowledge and agree that you are eighteen (18) years of age or older. You must have a wireless device of your own, capable of two-way messaging, use a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.

Other Policies

Your use of the Service is also subject to our Privacy Policy and Terms of Use which terms are expressly incorporated herein by this reference and by reference to these Mobile Terms therein. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

Right to Discontinue, Amend, or Change

We may modify or cancel the Service, any locations, or any of its features with or without notice. We may also modify these Mobile Terms at any time. Your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. Should you wish not to accept any such change, you may discontinue your use of the Service. We may change any shortcode or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests you send to a short code or telephone number we have changed, may not be received. We will not be responsible for honoring requests made in such messages. You acknowledge your responsibility to review this agreement from time to time and to be aware of any such changes.

WAIVERS

CLASS ACTION AND JURY TRIAL WAIVER: BY ACCEPTING THESE TERMS, YOU AGREE TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY AND AGREE THAT ALL CLAIMS SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION.

Express Consent

By accepting these terms, you agree to receive Text Messages, as defined above, from and on behalf of Rove through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text Messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g. account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers. Text Messages provided under these Mobile Terms may concern the Service or other products, services, offers, promotions, and transactions that we may make available to you, as well as your relationship with Rove.

Monitoring Use

You agree to the monitoring and recording of your use of the Service, including text message communications for the purposes of quality assurance and legal compliance. You expressly consent to any and all such monitoring and agree further that such consent is given freely with Trap and Trace Statute (18 U.S.C. § 3121 et seq.) and Penal Code 631 in mind. The scope of monitoring will be limited data relevant to the Service, or related products and services, and all information obtained will be handled according to the Privacy Policy in a manner consistent with standards in the industry.

Voluntary Consent

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase from Rove. Your participation in this program is completely voluntary, and you may opt-out anytime as explained below.

Carrier Fees

We do not charge for the Service, but you are responsible for all charges and fees associated with Text Messages authorized herein imposed by your wireless provider. The message frequency will vary. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details regarding any costs or fees you may incur.

Indemnity

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, or any action you may or may not take in reliance on the information or Service. In addition, to the extent permitted by applicable law, you agree to indemnify us for any privacy, tort, or other claims, including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you or your failure to notify us of any changes in your mobile telephone number. You agree to indemnify, defend, and hold us harmless from and against any and all such claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees).

Failure or Delay

Neither Rove nor the wireless carriers supported by the Service are liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

Opting Out

You may withdraw your consent to receive Text Messages under these Mobile Terms at any time.

• Text the single keyword command STOP to (877) 348-1487

• Click STOP or the unsubscribe link (where available) in any text message to cancel.

  You'll receive a one-time opt-out confirmation text message. You acknowledge and agree to accept this final text message confirming your opt-out. Opting out in this manner will not change our right to send some messages, such as those directly related to our relationship or transactions with you, regulatory or legal messages, emergency messages, or informational messages such as updates to our policies, procedures or your account status.

Representations and Warranties

You warrant and represent to us that you have all the necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this agreement or the performance of such obligations will place you in breach of any other contract or obligation.

Severance:

If any provision of this agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect and enforceable.

For Service support or assistance, text HELP to +1 (877) 348-1487 or email info@rovecharging.com.