Version Date: October, 8, 2020
This is a previous version of our Terms and Conditions. To review our current terms and conditions, click here
HIGHLIGHTS OF TERMS
Volta offers You sponsored EV Charging Services, including location, charging kiosk access and other registration-dependent functionalities; however:
• Volta makes no warranties and is not liable for Your use of the Services
• Always put personal safety first, follow applicable traffic regulations and do not operate your mobile device when operating your vehicle
• We may terminate your account if the terms are violated
• The service is not intended for Users under 18
• Contact our support team for help or questions
PLEASE READ THE FULL TERMS CAREFULLY BEFORE USING THE VOLTA SERVICES AS THEY ARE A LEGAL DOCUMENT WHICH GOVERNS YOUR RIGHTS AND RESPONSIBILITIES. BY USING THE SERVICES, YOU AGREE TO THE TERMS AND ALL REVISIONS THEREOF. IF YOU DO NOT AGREE – DO NOT USE THE SERVICES.
THE VOLTA SERVICES
Volta Industries, Inc., a Delaware Corporation (“Volta” or “We”), offers sponsored plug-in electric vehicle charging Services (“EV”) that help EV drivers locate and access Volta EV charging stations, including functionalities that help you have the most convenient EV charging experience possible. Services are rendered to and accessed by you via the Internet or other data transmission facilities or carriers by use of an applicable device (computer, mobile phone etc.) (“Device”) of your own choice. Your carrier’s normal rates and fees apply.
Age Restrictions The Services are intended solely for Users who are eighteen (18) years of age or older. Thus, you represent and warrant that you are at least eighteen (18) years of age and have reached the age of majority where You live if that is not eighteen (18) years of age and have a valid driver’s license. You may not download or use the mobile application to access the Services if you are under the age or majority where You live. You agree that You are fully able and competent to enter into the terms, conditions, obligations, representations, and responsibilities set forth in this Agreement.
DISCLAIMER OF WARRANTIES AND LIABILITY
All Services provided “AS IS” The Services are provided “AS IS” without any express or implied warranties of any kind. Volta disclaims all warranties to the fullest extent permitted by law, whether express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose and non-infringement. Volta cannot guarantee that use of the Services will be timely, uninterrupted, secure or error-free, that any defects, errors or malfunctions will be corrected, that the Services or that the Site or the server that makes the Services available are free of viruses or anything else harmful. To the fullest extent permitted by law, Volta undertakes no warranties or representations as to the use of the Services in terms of correctness, accuracy, adequacy, usefulness, reliability, availability or otherwise. Volta is not liable for any communications between Volta and you.
You understand and agree that you download or otherwise obtain the Services at your own risk, and will be solely responsible for your use and any damage to your mobile Device, computer system or other device by which you access the Services, loss of data or other harm of any kind that may occur as a result thereof.
You bear the responsibility and cost of your choice of data transmission facilities to access the Services, including any cellular carrier or Internet Service Provider charges. Please note that your carrier’s normal rates and fees apply may apply to use of the mobile application to access and use the Services.
Personal Safety Notice You understand and agree that Volta is not responsible for any execution or conduct of any activities related to the Services, including but not limited to featured, Volta-provided or User created content, that utilizes Volta’s Services. Irrespective of any information or Content (as defined below) related to the Services, Volta encourages you to always put safety first, follow applicable traffic regulations, do not change settings on your Device and / or the Software while in motion or in unsafe areas and always be vigilance when operating your vehicle. NEVER USE THE SERVICES OR MOBILE APPLICATION OR ACCESS OR VIEW CONTENT WHILE DRIVING YOUR VEHICLE.
Limitation of liability To the fullest extent permitted by law, Volta, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (“Released Parties”) shall not be liable for any direct, special, incidental, indirect or consequential damages, including but not limited to any lost profits, business interruptions or lost data, that result from the use of, or the inability to use, the Services, including any User Generated Content, even if Volta has been advised of the possibility of such damages. You expressly agree and promise not to sue the Released Parties for any claims, actions, injuries, damages, or losses associated with your use of the Services.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you in its entirety. However, you agree the provisions of liability will be limited to the extent permitted by law. If links are established to a third-party website, Volta is not liable for the contents of such third-party websites. This includes links to partner’s website that may use Volta’s logos as part of a co-branding or any other type of agreement.
Indemnity You agree to indemnify, defend, and hold harmless the Released Parties from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Generated Content (as defined below), your use of the Services and / or Content and your conduct in connection with the Services or with other Users of the Services, or any violation of these Terms, any law or the rights of any third party.
INTELLECTUAL PROPERTY RIGHTS – USE RESTRICTIONS
All intellectual property rights to the Services and any Software to access the Services, and any Content as defined below (except from User Generated Content) featured or displayed on the Site or via the Services, is the sole property of Volta, its subsidiaries or Volta’s business partners and is protected under U.S. and other copyright laws, patent and trademark laws and other legislation. “Content” includes but is not limited to logos, trademarks, design, structure, text, graphics, photographs, images, videos, audio, sound, illustrations, interfaces, software data etc. incorporated into, accompanying or generated by the Site, Services or an mobile application or software provided by Volta. Volta, its subsidiaries and its respective partners reserve all rights to Content not expressly granted under these Terms. The Volta name, the Volta logo and other Volta logos, icons, products and names related to the Services are the exclusive trademarks of, and are owned by, Volta and may not be used or displayed in any manner without the prior written permission from Volta.
If you download Software, including any mobile applications, from the Site, or associated sites and/or distribution channels, the Software is licensed to you by Volta. Volta does not transfer title to the Software to you. THE LICENSE TO USE THE SOFTWARE AND SERVICES IS LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE AND FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY. You also may not transfer, resell, or sublicense this limited right to use the Software to any third party or transfer the Software to any other mobile device without our prior written permission.
NO COMMERCIAL USE. ANY COMMERCIAL USE (E.G. ADVERTISING, SOLICITATION AND OTHER COMMERCIAL CONTENT) OF THE SOFTWARE, SITE OR SERVICES IS SUBJECT TO PRIOR WRITTEN AGREEMENT WITH VOLTA.
You may not decompile, reverse engineer, disassemble or otherwise attempt to discover any source code, remove, redistribute, sell, assign, transfer any right in, loan, lease, grant any security interest in or any right to the Site, Services, Software, Content, User Generated Content of other Users or any parts thereof. You agree not to use any data mining, robots, scraping or similar data gathering methods in connection with the Site or Services. A breach of this restriction is considered a trespass and may result in civil and criminal sanctions.
USER CONDUCT AND USER GENERATED CONTENT
To use all the Services available, you must create a Volta account either by direct sign up via the Site or by usage of another sign up feature made available by Volta via the Services. Any signup is subject to you providing the true, accurate and complete personal information (“User Data”) as prompted by the relevant sign up feature. You undertake to keep your User Data accurate and current and thus without undue delay update your User Data when relevant.
You are responsible for any actions that take place while using your Volta account. Keep your username and password secure and do not allow anyone else to use them to access the Services. Volta is not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge.
Any content that you and other Users post or otherwise make available on or through the Services, except such Content owned by Volta, its subsidiaries or business partners, shall be deemed “User Generated Content”, including comments, materials, information, data, profiles, messages, notes, links to websites, text information, photos, music, videos, designs, graphics, sounds, and any other content.
All User Generated Content submitted by you on the Site or via the Services will be considered non-confidential and non-exclusive. You grant to Volta a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray Volta, its trademarks or any of its marks, products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material.
You agree not to use the Services to post or transmit any material which is or may be infringing on intellectual property rights of others, harassing, threatening, false, misleading, inflammatory, libelous, an invasion of privacy or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offense, violate the rights of any party or in other ways may give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction.
User Interaction Disclaimer You are solely responsible for your interactions with other Users, whether online or in person. Volta assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users of the Services, persons you meet through the Services, or persons who find you because of User Generated Content posted on, by or through the Services. You agree to take reasonable precautions in posting User Generated Content and in all interactions with other Users on the Platform, and conduct any necessary investigation before meeting another person. Volta is under no obligation to become involved in any disputes between Users, but may do so at its own discretion. Volta does not monitor or prescreen User Generated Content prior to posting. Volta does not undertake any obligation or liability relating to any User Generated Content or activities of Users on the Services. If Volta chooses to monitor any User Generated Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content.
Volta reserves all rights to edit, remove, or refuse to post any User Data, User Generated Content or terminate your account for any reason. You acknowledge, consent and agree that Volta may access, preserve and disclose your User Data, and other of your User Generated Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with a legal process, enforce the Terms, respond to claims that any Content or User Generated Content violates the rights of third parties or protect the rights, property or personal safety of Volta, its Users and the public.
THIRD PARTY SERVICE PROVIDERS AND ADVERTISERS
Volta may choose at any time to have its business partners’ and other third parties’ products, services, advertisements and other offers (“Third Party Content”) made available via the Services, including delivery of ads through the Software to your Devices. You agree that Volta can deliver such Third-Party Content to your Devices. Any such offerings made available to you, even if co-branded with Volta, are made and offered directly by the applicable third party service provider or advertiser, unless otherwise expressly noted. You acknowledge and accept that if you buy any such products or services offered you are contracting directly with the applicable business partner or third party service provider or advertiser. Your correspondence or business dealings with, or participation in promotions of, third party service providers or advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser. Volta shall not be responsible or liable for any Third Party Content or the performance or nonperformance of any third party service provider or advertiser and any loss or damages of any kind resulting thereof.
Volta reserves the right to change, discontinue and / or terminate any and all Services at any time without notice.
Volta may at any time, at its own discretion for any or no reason, and without any warning or notice, edit or remove in whole or in part any User’s account and User Generated Content and further to restrict Users use of all or any part of the Services. Volta also reserves the right to block Users from certain IP addresses or Device numbers and prevent access to the Services. You understand and agree that some of your User Generated Content, which is displayed outside your profile, in activity feeds, in other parts of the Services, or on other platforms (e.g., Facebook, Twitter etc.), may continue to appear on the Services or on other platforms even after your User Generated Content is removed or your account is terminated.
SEVER-ABILITY AND PERSEVERANCE
Should any provision of the Terms be held invalid, unlawful, void or unenforceable, the remainder of the Terms shall continue to be valid and enforceable. Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
The Site, Software and Services are currently intended for use in the United States only. You are solely responsible for complying with any export or other laws if you use the Site, Software and Services from outside the United States.
Volta only may assign its rights and obligations under these Terms to any party at any time without notice to you.
Volta may use subcontractors to perform the Services. Such subcontracting parties shall comply with the applicable provisions of the Terms. The use of the Services shall not construe any joint venture, partnership, employment or agency relationship exists between you and Volta.
Volta is entitled to revise these Terms at any time. Volta will inform you hereof by mail, on the Site, via the Services and/or by other means deemed appropriate and adequate by Volta. Your continued user of the Site or Services after such revisions have been made shall constitute your acceptance of such revisions.
Volta’s failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms.
This Agreement and all claims arising from or related to Your use of the Services will be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law rules. This Agreement and Your use of the Application will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, or the Uniform Computer Information Transactions Act, if applicable.
You also consent to the adjudication of any disputes arising in connection with our Site or Service in the federal and state courts within the Northern District of California. You also agree to attempt to mediate any such disputes before filing any legal action. You agree that any notice, agreement or other disclosed communication that Volta sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
CONTACT AND NOTICES
All notifications, questions and comments to Volta relating to these Terms can be submitted via e-mail to support@VoltaCharging.com.