EV CHARGING ACCESS AND USE AGREEMENT

Revel Transit Inc.

Last Revised: April 15, 2024

Welcome to Revel!

Revel Transit Inc. (collectively, with its subsidiaries and affiliates, “Revel”, “we”, “us” or “our”) owns, operates and provides its electric vehicle charging and support services through our website (e.g., https://charge.gorevel.com, the “Site”), mobile application, other applications, products, programs, among others, related to Revel electric vehicle charging (collectively, the “Charging Services”). References to “you” or “your” mean you as a customer, user of the Charging Services, casual visitor, someone who has created a user account with us, or member, as applicable. This EV Charging Access and Use Agreement (the “Terms”) govern the use of the Services.

1) AGREEMENT TO THE TERMS

THE TERMS ARE IMPORTANT AS THEY AFFECT YOUR RIGHTS. PLEASE READ THE TERMS CAREFULLY AND MAKE SURE THAT YOU UNDERSTAND EACH PROVISION AS THEY CONTAIN IMPORTANT INFORMATION ABOUT THE SERVICES PROVIDED TO YOU.  THE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.  PLEASE CAREFULLY REVIEW SECTION 7 OF THE TERMS FOR MORE INFORMATION. THE TERMS LIMIT REVEL’S LIABILITY AND THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

By accessing or using the Charging Services, you agree to be bound by the Terms. If you do not agree to the Terms, do not access or use the Charging Services. The Terms expressly supersede any prior agreements, understandings, or arrangements with you regarding the Charging Services. Separate supplemental terms may apply to certain Charging Services, such as policies for a particular service plan, program, activity or promotion or other supplemental services provided by third parties, and such supplemental terms will be disclosed to you in connection with the applicable Charging Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Charging Services.

Updates to the Terms

Revel may amend the Terms at any time in its sole discretion from time to time.  Amendments will be effective as of the date Revel posts such amendments on the Site at https://gorevel.com/legal/evcharging. Your continued access or use of the Charging Services after such posting of amendments confirms your consent to be bound by the Terms, as amended. If you disagree with the amended terms, do not continue to use the Charging Services.

2) ACCOUNT AND PRIVACY

Account

In order to use most aspects of the Charging Services, you must register for and maintain an account with us or an authorized third party (“Account”). All the information that you provide in creating your Account must be accurate. You are responsible for maintaining the confidentiality of your account and password. We may use the email address or phone number you provide in your Account to provide you with service messages and updates. By becoming a user, you are consenting to the receipt of these communications.

Term; Termination of Account or Charging Services

The Terms shall commence upon your use of the Charging Services and shall continue until terminated. Revel reserves the right to immediately terminate these Terms or immediately terminate or suspend the operation of or access to any part of the Charging Services at any time for any reason in its sole discretion without prior notice. Revel also reserves the right to immediately terminate or suspend your individual access to, and use of any part of the Charging Services at any time for any reason in its sole discretion. If applicable, Revel may collect damages from you in connection with any breach of the Terms by you and may exercise any other remedy available to Revel hereunder, at law or in equity.  Termination will not limit any of Revel’s rights or remedies at law or in equity. The disclaimer, the limitation of liabilities, governing law and dispute resolution provisions will survive any termination of the Terms and/or the Charging Services.

Privacy and Personal Information

When you use the Charging Services, we may use automatic means (e.g., cookies and web beacons) to collect information about you, your device (e.g., mobile device) and your use of the Charging Services. You also may be required to provide certain information about yourself as a condition to your use of the Services, or certain of its features or functionality. 

Revel’s collection and use of personal information (which may include email address, telephone number, license plates and other information which identifies you as a specific individual) in connection with the Charging Services are described in Revel’s privacy policy located https://gorevel.com/legal/privacy-policy, which may be amended from time to time (the “Privacy Policy”). By using the Charging Services, you consent to all actions taken by us or on our behalf with respect to information about you in compliance with the Privacy Policy. Our Privacy Policy is incorporated into and forms part of these Terms.

3) CHARGING SERVICES

Condition of Use

As a condition of your use of the Charging Services, you warrant that:

●  You are at least 16 years of age;

●  You possess the legal authority to create a binding legal obligation;

●  You will use the Charging Services in accordance with the Terms; and

●  All information that you will provide to Revel, if any, will be true, accurate, current, and complete.

Charging Site Rules

●  Pay attention to signs.  If a parking sign says there is a 30 minute or 1 hour limit, abide by the rules to ensure you are not charged extra fees or parking charges.

●  Charging spaces are reserved for charging only.  A vehicle may only be parked in a charging space when such vehicle is actively charging.  When charging is complete, please immediately disconnect your vehicle and move it off the charging space.  Your car may be ticketed, towed or subject to additional charges and fees (e.g., idle fees) if you leave your car in a charging space while not actively charging.

●  Please place the connector securely in the charger holster to prevent damage to the connector.  Do not unplug another driver’s connector from the port.

●  Check your surroundings and ensure you didn’t accidentally skip ahead of other drivers waiting for an available charging space.

●  Please keep your music low and place your trash in designated trash cans.

Host Property Rules

Revel charging stations (the “Charging Stations”) may be located on a third party’s property (such third party is referred to as a “Host”). As such, you agree to observe and obey any and all rules and regulations set by Hosts pertaining to their property and the use of the Charging Stations on such Host properties, including, but not limited to, general customer or visitor conduct, parking rules and restrictions, parking time limitations, hours of operation and parking fees. You are solely responsible for any damage, fees, penalties or loss caused by your noncompliance of any Host rules and regulations.

Support

In the event of any equipment malfunction or other technical issue with the Charging Stations, please contact the contact chargingsupport@gorevel.com. To ensure the quality of the Charging Services, you consent to Revel monitoring and recording all communications between you and Revel.

IN THE EVENT OF AN EMERGENCY OR ANY SITUATION THREATENING SERIOUS INJURY TO PROPERTY OR HUMAN LIFE, IMMEDIATELY DIAL 9-1-1 AND FOLLOW THE INSTRUCTIONS YOU ARE GIVEN.

Authorized Charging Adapters

For your safety, Revel only permits the use of automaker-manufactured charging adapters on the Charging Stations (“Authorized Adapters”). Authorized Adapters include 1) Tesla-manufactured, authorized, and/or endorsed adapters (e.g. the CHAdeMO and CCS Combo 1 adapters); and 2) any other automaker-manufactured adapter. Revel prohibits the use of all other adapters (“Unauthorized Adapters”) on the Charging Stations. You understand, accept and agree to fully comply with these terms. You also agree to accept all liabilities for any and all loss, harm or damage experienced by you or any other party caused by your use of Unauthorized Adapters and agree to indemnify, defend, and hold Revel harmless for any damage, loss and/or claims experienced by any party that is caused by your failure to comply with these terms.

Prohibition of Home-Built Electric Vehicles, Modified Vehicles, and Modified Chargers

Revel only allows you to use standard, industry-manufactured and recognized EVs with the Charging stations and/or in connection with the Charging Services. Revel prohibits the use of all home-built EVs, home-built onboard chargers and vehicles that contain personally modified chargers (collectively, “Unauthorized Vehicles and Chargers”). You understand, accept and agree to fully comply with these terms. You also agree to accept all liabilities for any and all loss, harm or damage experienced by you or any other party caused by your use of Unauthorized Vehicles and Chargers in connection with the Charging Stations and agree to indemnify, defend, and hold Revel harmless for any damage, loss or claims experienced by any party that is caused by your failure to comply with these terms.

Third Party Websites, Applications and Charging Services

The Charging Services may include QR codes or links that lead to third party websites, applications or services. We have no control over the practices of those sites, applications or services, or the content they display, and we accept no responsibility for these practices or any loss or damage that may arise from your access to and use of such third party websites, applications or services. You understand that Revel does not operate or control the products or services offered or provided by such third parties (“Third Party Service Providers”) and is not responsible for information provided by you to such Third Party Service Providers. All agreements, rules, policies (including privacy policies), and operating procedures of Third Party Service Providers will apply to you when you use any of such third party sites, applications or services. Revel is not a party to the transactions entered into between you and any Third Party Service Providers. Revel and the Third Party Service Providers are independent contractors, and neither party has authority to make any representations or commitments on behalf of the other. You agree that use of or purchase from such Third Party Service Providers is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY REVEL, EXPRESSED, IMPLIED, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS REVEL LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDERS, ANY INFORMATION APPEARING ON THIRD PARTY SERVICE PROVIDERS’ SITES OR ANY OTHER SITE LINKED TO OUR SITE OR ANY PRODUCTS OR SERVICES OF SUCH THIRD PARTY SERVICE PROVIDERS.

Revel is currently providing the Charging Services using certain products and services provided by Juice Serve Inc. You can find the terms of service of Juice Serve Inc. here. 

Compliance with Laws

You agree to comply with all applicable laws, orders, ordinances, codes, statutes, rules and regulations when accessing or using the Charging Services and the Charging Stations, and you may only access or use the Charging Services and the Charging Stations for lawful purposes.

You may not use the Charging Services (i) in any way that could cause harm, nuisance, annoyance, inconvenience, damage or adversely affect any person or Revel’s reputation or property, including the Charging Stations, or (ii) in any way prohibited by the Terms, any supplemental terms or other Revel policies. Additionally, you may not attempt to repair, modify, reverse engineer or derive source code from any Charging Stations. You acknowledge and agree that the manufacturer of all Charging Stations has reserved all right, title, and interest in and to intellectual property associated with the Charging Stations 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.

Taxes

You agree that you will be solely responsible for paying all direct or indirect federal, state and local taxes, duties, levies, premiums, fees and other assessments of any kind even if Revel is required by law to collect and remit to the applicable governmental authority with respect to your use of the Charging Services (including any charging station, if applicable) that Revel provides to you, together with all interest, penalties or other additional amounts imposed thereon, including, without limitation, any gross receipts, sales, consumption, use, value added, commercial activity or other privilege, property, road or other transportation tax or any other taxes of any kind whatsoever imposed by any governmental authority. These charges may change from time to time without advance notice. Tax exemptions for the Charging Services will require a valid exemption certificate. Tax exemptions will not be applied retroactively.

4) COMMUNICATIONS AND PROMOTIONS

Communications

By accepting the Terms or giving us (or a Third Party Service Provider) any contact information, you agree to and do hereby consent to receive electronic communications (email or text/SMS) from Revel, in addition to any postings of communications by Revel on the Site concerning the Charging Services (collectively, “Communications”). For account holders, Communications may be those that Revel is required to send to you by law concerning us, your account or information, the Site or the Charging Services (“Required Communications”). You may change the email or mobile phone number on file for your account.

Text/SMS and Email Marketing

Short Message Service (“SMS” or text) or Multimedia Messaging Service (“MMS”) or email (collectively “text messages” or the “Service”) sent by Revel are intended to provide you with marketing and promotional information regarding the Charging Services. We may also provide you with transaction-related information. By opting in to receive text messages and/or emails, you agree to receive recurring promotional and personalized text messages from Revel at the cell phone number and/or email address provided.  Consent to receive marketing or non-marketing text messages is not required to purchase any products or services from Revel. Message frequency varies.

How to Opt-out

You may opt-out of receiving text (SMS) messages from Revel at any time by texting STOP to 23801 for promotional messages, indicating you no longer wish to receive such messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Charging Services.

Cost

Message and data rates may apply to each text message sent or received in connection with Revel text messages, as provided in your mobile telephone service rate plan, in addition to any applicable roaming charges. Revel does not impose a separate fee for sending Revel text messages; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever.

Supported Carriers

Carriers are not liable for delayed or undelivered messages. Supported carriers may change from time to time. Messages may not be available on all mobile devices or through all wireless carriers.

Promotional Programs

In the event you receive the Charging Services pursuant to any program where free charging sessions are offered to you with the purchase or lease of an electric vehicle (“EV”) or any program where you receive a discounted rate on charging sessions (each, a “Promotional Program”), you agree that Revel may set time or other limits on charging at the Charging Stations depending on the terms and conditions of the applicable Promotional Program.

Promotional Codes

Revel may, in its sole discretion, create promotional codes (“Promo Codes”) that may be redeemed for discounts on the Charging Services or other features or benefits provided by Revel, subject to any additional terms that Revel establishes.  You agree that Promo Codes and any associated discounts, benefits or features: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, unless expressly permitted by Revel; (iii) may be disabled by Revel at any time for any reason without liabilities; (iv) may only be used pursuant to the specific terms that Revel establishes for such Promo Code; (v) are not valid for cash; (vi) may be subject to quantity or value limits; and (vii) may expire prior to your use; and (viii) may not be posted on any website unless expressly permitted by Revel. Revel reserves the right to withhold or deduct any credits or other features or benefits obtained through the unauthorized use of the Promo Codes at any time. The duration and permitted use of credit or discount issued by Revel are subject to the terms established by Revel at the time of issuance, and discount or credit terms are subject to change or cancellation by Revel at any time without notice to you.

5) COPYRIGHT & SERVICE MARKS

The content, organization, software code, graphics, design, compilation, magnetic translation, digital conversion, and other aspects related to the design, function, performance, or operation of the Site and/or the Charging Stations are protected under applicable copyright, trademark and other proprietary intellectual property rights. The copying, redistribution, use, or publication by you of any such matters or part of such matters is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the Site.

“Revel”, the Revel logo, and our other brands are our service marks or registered service marks or trademarks. Some of the content, products and company names mentioned on the Site may be copyrighted work of third parties and/or trademarks of their respective owners. Use, reference, copying or publication by you of any service marks or trademarks owned by Revel or a third party mentioned on the Site is strictly prohibited, except as expressly provided herein or in writing by Revel.

COOPERATION WITH LAW ENFORCEMENT AND GOVERNMENT AGENCIES; REQUIRED DISCLOSURES

You acknowledge that we have the right to investigate complaints and prosecute reported violations of the Terms, including intellectual property, publicity and privacy rights infringement and website security issues, to the fullest extent of the law. We may report violations to, and involve and cooperate with law enforcement authorities, regulators, or other agencies or third parties in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Site or the Charging Services, but we have the right to do so for the purpose of operating the Site to ensure your compliance with the Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental or regulatory body.

You understand and agree that we may disclose your personal information, usage history, IP addresses, traffic information, or any other information relating to your use of our Site and the Charging Services, if required to do so by law, regulation, regulatory agency request or order, court order, legal process, or subpoena, including to respond to any government or regulatory request (after, if permitted, giving reasonable notice to you and using commercially reasonable efforts to provide you with the opportunity to seek a protective order or the equivalent (at your expense), or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates or partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce these Terms (including for billing and collection purposes), take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our Site; or, (c) to exercise or protect the rights, property, or the safety of us, our users or others.

6) DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

Availability of the Charging Services

Revel does not guarantee that the Charging Services will be accessible at all times. The Charging Services may be unavailable during maintenance periods or during an emergency. In addition to normal maintenance, there may be events that will make the Service inaccessible for a limited amount of time due to unforeseen circumstances. Revel has the right to refuse access to the Charging Services and to cease offering the Charging Services at any time and in Revel’s sole discretion.

DISCLAIMERS

THE CHARGING SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ALL OTHER SIMILAR WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED WITH RESPECT TO (I) THE CHARGING STATIONS AND RELATED EQUIPMENT, (II) INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE, AND (III) THE SERVICES. IN ADDITION, REVEL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR PRODUCTS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED, RELIABLE, UP-TO-DATE, AVAILABLE OR OPERATIONAL AT ANY PARTICULAR LOCATION OR AT ANY PARTICULAR TIME, OR THAT THEY WILL BE ERROR-FREE, VIRUS-FREE OR FREE OF OTHER HARMFUL COMPONENTS. FURTHER, REVEL HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED BELOW.

REVEL DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF MERCHANTS OR THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK OF ANY AND ALL DAMAGE OR LOSS  ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE CHARGING STATIONS AND THE SERVICES, AND ANY SERVICE OR PRODUCT REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

SOME STATES DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES. CONSEQUENTLY, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, COMPANY AND COMPANY ASSOCIATES’ WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

You are solely responsible for ensuring that your EV’s battery is sufficiently charged to meet your needs and that all charging is done in accordance with the manufacturer’s recommendations regarding the type, frequency and duration of charging.

Exclusive Remedy

Your sole and exclusive remedy for any claim arising out of or relating to Revel’s breach of these Terms shall be for Revel, upon receipt of written notice, to use commercially reasonable efforts to cure the breach at its expense or, at Revel’s election, return the fees you paid to Revel for the Charging Services in the month during which the breach occurred.

Limitation of Liability

NOTWITHSTANDING ANY OTHER PROVISIONS OF THE TERMS OF A PLAN TO THE CONTRARY, REGARDLESS OF THE LEGAL OR EQUITABLE BASIS OF ANY CLAIM, IN NO EVENT SHALL REVEL BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SUBJECT MATTER OF THESE TERMS, ANY ERRORS IN OR OMISSIONS FROM THE SITE, OR ANY SERVICES OR PRODUCTS OBTAINABLE THEREFROM, THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES THEREOF, YOUR USE OF THE SITE, THE CONTENT CONTAINED ON THE SITE OR ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE CONTROL OF ANY AFFILIATE, INCLUDING, BUT NOT LIMITED TO, DAMAGES THAT RESULT FROM THE PERFORMANCE OR NONPERFORMANCE OF REVEL’S OBLIGATIONS UNDER THESE TERMS, YOUR USE OF ANY REVEL EQUIPMENT, INSTALLATION OF REVEL EQUIPMENT, WHETHER OR NOT ARISING FROM SOLE, JOINT OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, VIOLATION OF LAW, BREACH OF CONTRACT, BREACH OF INDEMNITY PROVISIONS, BREACH OF WARRANTY OR ANY OTHER THEORY OR SOURCE WHETHER OR NOT FORESEEABLE AND EVEN IF REVEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND YOU HEREBY RELEASE REVEL FROM ANY SUCH EXCLUDED DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIMIT OF REVEL’S LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) TO YOU FOR ANY MATTER RELATED TO THESE TERMS, YOUR USE OF REVEL EQUIPMENT, THE INSTALLATION OF REVEL EQUIPMENT, AND THE SITE SHALL NOT IN THE AGGREGATE EXCEED THE TOTAL AMOUNT OF THE FEES PAID BY YOU WITH RESPECT TO THE SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REVEL AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE, OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.

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.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS REVEL AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AND AGENTS FROM AND AGAINST ALL ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS, DEMANDS, LOSSES, COSTS, DAMAGES, DEFICIENCIES, JUDGMENTS, LIABILITIES, PENALTIES, FINES, ASSESSMENTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND COSTS OF LITIGATION) WHICH THEY OR ANY OF THEM SUFFER OR INCUR RESULTING FROM, BY REASON OF, ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR ACCESS AND USE OF THE SERVICES AND THE CHARGING STATIONS, (II) ANY BREACH BY YOU OF ANY REPRESENTATION, WARRANTY, AGREEMENT, OBLIGATION, OR COVENANT MADE BY YOU TO REVEL INCLUDING IN ANY PLAN, AGREEMENT, CERTIFICATE, DOCUMENT, SCHEDULE, ANNEX, OR OTHER INFORMATION RELATING TO OR DELIVERED PURSUANT HERETO, (III) YOUR VIOLATION OF THE TERMS, (IV) YOUR VIOLATION OF ANY APPLICABLE LAWS OR RIGHTS OF ANY THIRD PARTY, OR (V) ANY ACTUAL OR PROSPECTIVE CLAIM, LITIGATION, INVESTIGATION, OR PROCEEDING RELATING TO ANY OF THE FOREGOING, WHETHER BASED ON AGREEMENT, TORT, OR ANY OTHER THEORY, WHETHER BROUGHT BY A THIRD PARTY OR BY YOU.

Limitation on Time to File a Claim

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF, OR RELATING TO THESE TERMS, THE SERVICES, OR ANY ITEM OR INFORMATION OBTAINED THROUGH THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

7) DISPUTE RESOLUTION; ARBITRATION

Please read this clause carefully. It may significantly affect your legal rights, including your right to file a lawsuit in court. We are committed to customer satisfaction. If you have a problem or dispute, we will try to resolve your concerns. If we are unsuccessful, you may pursue claims as explained in this section.

Initial Dispute Resolution

You agree to give us an opportunity to resolve any dispute or claim relating to the Charging Services or your use thereof (“Claim”) by emailing claims@gorevel.com.

Most concerns may be quickly resolved in this manner. Each of you and Revel agrees to use best efforts to settle any such Claim through consultation and good faith negotiations, and this consultation and negotiations shall be a precondition to either initiating a lawsuit or arbitration.  If we are not able to resolve your Claim within sixty (60) days from the time the information dispute resolution is pursued pursuant to this clause, you may seek relief through arbitration or in court, as set forth below.

Agreement to Binding Arbitration

If we do not reach an agreed upon solution pursuant to the clause immediately above, then either party may initiate binding arbitration pursuant to the following:

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THE TERMS, OR YOUR USE OF THE SERVICES OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND REVEL, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT YOU AND REVEL ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce the Terms as a court would.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Arbitration Process

All claims subject to arbitration under this section shall be finally settled by binding individual arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class arbitration. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to claims@gorevel.com.

If we request arbitration against you, we will give you notice at the email address or street address you have provided.

Each party will have the right to use legal counsel in connection with arbitration at its own expense.

The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator’s decision will follow the provisions of the Terms and will be final and binding.

If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration. You will not be required to pay fees and costs incurred by Company if you do not prevail in arbitration.

Conduct of Arbitration

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate.  Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.

The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of the Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.

The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms, including, but not limited to, any claim that all or any part of the Terms is void or voidable.

The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Class Action and Class Arbitration Waiver 

You and Company further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and Company each expressly waive your respective right to file a class action or seek relief on a class basis.

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Small Claims

Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Waiver of Jury Trial; Exclusive Venue for Litigation

To the extent that the arbitration clause set forth above does not apply, and a Claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. Further, each party agrees that any litigation between them for disputes arising out of Revel’s provision of Charging Services in New York shall be filed exclusively in state or federal courts located in New York County, NY, except for small claims court actions which may be brought in New York County, NY or in the county where you reside.

Government Agencies

Notwithstanding any of the foregoing, nothing in the Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

8) OTHER PROVISIONS

Choice of Law

These Terms, your use of the Charging Stations and the Charging Services, and any dispute you may have with Revel shall be governed by and construed in accordance with the internal laws (and not the law of conflicts) of the state of New York, except as may be otherwise provided in the above Arbitration provision. Where permitted under Section 7 above, you agree to irrevocably submit in any legal proceeding relating to these Terms to a court of competent jurisdiction sitting in New York County, New York.

Miscellaneous

The Terms, including, but not limited to, the Privacy Policy (and updates to the Terms and the Privacy Policy), and any other terms agreed to in writing by the parties or by way of your use of the Charging Services shall constitute the entire and exclusive understanding and agreement between you and Revel regarding this subject matter, and shall supersede any and all prior or contemporaneous representations or understandings relating to this subject matter. The headings of sections and paragraphs in the Terms are for convenience only and shall not affect its interpretation. You may not assign, transfer or convey (collectively, “assign” or its variants) the Terms, in whole or in part, without Revel’s prior written approval. Revel may assign the Terms, in whole or in part, without your consent. Any purported assignment in violation of this section shall be of no power or effect. No joint venture, partnership, employment, or agency relationship exists between you, Revel or any third-party provider as a result of these Terms or your use of the Charging Services. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent under law. Revel’s failure to enforce any right or provision in the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Revel in writing. Applicable provisions of the Terms will continue in effect after termination or expiration of the Charging Services to the extent necessary, including indemnification, limitations of liability, and dispute resolution. Revel’s rights under the Terms shall survive any termination of the Terms.

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