The Effective Date of these Terms of Use is April 25, 2024.

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS”), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
You agree to these Terms by accessing or using any of the Rent a PowerBank Platforms, including the direct or indirect use of a Rent a PowerBank power bank, station, or associated Rent a PowerBank product. 

IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE A RENT A POWERBANK PLATFORM.
These Terms apply to the Rent a PowerBank websites that post these Terms, Rent a PowerBank stations and Rent a PowerBank mobile applications, each of which is owned or controlled by Rent a PowerBank LLC (“Rent a PowerBank,” “we” or “us”), and any available interactive features, applications, widgets or other outlets including Rent a PowerBank partner stations that post or include a link to these Terms (collectively, “Rent a PowerBank Platforms”) or facilitate all of the Rent a PowerBank products. These Terms apply to your use of the Rent a PowerBank Platforms, regardless of whether accessed via computer, station, mobile device or otherwise.

In some instances, a separate document that provides additional conditions may apply to a service or product offered via the Rent a PowerBank Platforms (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review Rent a PowerBank Privacy Policy.

MODIFICATIONS

Rent a PowerBank reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree you are sufficiently notified of the Updated Terms when the terms are made available via Rent a PowerBank Platforms, and that your use of the Rent a PowerBank Platforms which shall include power bank rental or ownership after we have posted the Updated Terms, constitutes your agreement to consent to the Updated Terms. Therefore, you should review these Terms before using the Rent a PowerBank Platforms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Rent a PowerBank Platforms from that point forward. Updated Terms will apply to your rental or purchase transactions that begin after the Updated Terms are effective. Those made prior to the Updated Terms will only be governed by the Updated Terms upon continued rental transaction or subsequent purchase transaction made after the effective date.

RENTAL TERMS

These Rental Terms are subject to change and modification pursuant to the applicable laws of the State which may apply to the transaction. IMPORTANT: THROUGH THE USE OF A RENT A POWERBANK PRODUCT, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO, POWER BANK RENTALS OR PURCHASES, YOU AGREE TO BE BOUND BY THE REASONABLE TERMS AS SET FORTH BELOW. SHOULD YOU BREACH THE TERMS, RENT A POWERBANK RESERVES ALL RIGHTS APPLICABLE TO THE PURSUIT OF THE MAXIMUM RELIEF AFFORDED BY LAW. Because price and conditions may change or vary, Rent a PowerBank suggests reading the terms thoroughly and completely.

Rent a PowerBank Rentals. A Rent a PowerBank Rental will begin at the time of rental and will become due by the same time, regardless of time zone allowances or changes. All Rent a PowerBank Rentals will be for a one (1) hour, or a 60-minutes minimum. At the time of your rental, your credit card will be charged $5 for the first 1 hour then additional $2 for up to the maximum rental period of the first twenty four (24) hours, thereafter you will be automatically charged $35 per day. If you choose to extend your rental beyond the maximum rental period of one (1) day, or fail to return your rental for any reason, or damage your rental, you will be considered to overdue the return of the power bank for all applicable purposes herein. Once you have overdue the return of the Rent a PowerBank power bank, you will be charged a fee of $35, plus the rental fees already paid. Your credit card will be charged for the full amount of your rental upon your returning the power bank to any Rent a PowerBank station. A temporary hold of $35 will be placed at rent start. It will be used towards rental cost with the remainder returned or fully used with due balance. Before returning power bank to Rent a PowerBank station make sure the station is on with blinking light. Once you checked power bank out and decided against renting it you will have up to 1 (one) minute to return the power bank back into a station free of charge. By electing to rent a Rent a PowerBank product from any of the Rent a PowerBank Platforms, you agree to allow Rent a PowerBank to charge your credit card for any applicable costs and fees associated with your transaction. Multiple transactions will warrant multiple charges as specified herein. If your method of payment is declined by your banking institution or credit card service provided, Rent a PowerBank reserves the right to collect all past due costs, fees, and charges, plus interest, where applicable.
If a customer rented a charger and did not report a charger failure or a desire to return within 24 hours, this means that the charger is non-refundable. Rent a PowerBank does not provide a charging cable to charge the charger, it is only possible to return the power bank to the station and rent a new charger.

Rent a PowerBank Authorization. By electing to rent a Rent a PowerBank product from any of the Rent a PowerBank Platforms, you agree to allow Rent a PowerBank to charge your credit card for any applicable costs and fees associated with your transaction. Multiple transactions will warrant multiple charges as specified herein.

If your method of payment is declined by your banking institution or credit card service provided, Rent a PowerBank reserves the right to collect all past due costs, fees, and charges, plus interest, where applicable.

OWNERSHIP OF MATERIALS

Unless otherwise explicitly specified, all materials that are included in, made available through or are otherwise a part of the Rent a PowerBank Platforms (and all past, present and future versions), including, without limitation: stations, graphics; layout; text; instructions, widgets; images; audio videos; designs; advertising copy; logos; domain names; trade names; and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Rent a PowerBank Platforms; the compilation, assembly and arrangement of the materials of the Rent a PowerBank Platforms; and all other materials related to the Rent a PowerBank Platforms (collectively, the “Materials”) are owned, controlled or licensed by Rent a PowerBank, its subsidiaries, affiliates or suppliers and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.

The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of Rent a PowerBank, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited.

YOUR LICENSE TO USE MATERIALS

Subject to your strict compliance with these Terms, and only with respect to Materials available on or through the Rent a PowerBank Platforms: (a) you will not use the Materials in a manner that suggests an association with any of our products, services or brands; (b) you will make no modifications to the Materials; (c) you will not allow or aid or abet any third party to (whether or not for your benefit): (i) copy or adapt the object code of any Rent a PowerBank Platforms’ software, HTML, JavaScript or other code; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Rent a PowerBank Platforms creates to generate its web pages or any software or other products or processes accessible through the Rent a PowerBank Platforms; and (d) you will not insert any code or product to manipulate the Materials in any way that affects any user’s experience.

You also agree that you will not (or aid or abet any third party to): (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage); (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way except as specifically permitted by these Terms or otherwise in writing by Rent a PowerBank; or (c) provide access to any Rent a PowerBank Platforms or Materials via any medium without the prior written consent of an authorized representative of Rent a PowerBank.

COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY

You may not use the Rent a PowerBank Platforms for any purpose or in any manner that infringes the rights of any third party. Rent a PowerBank encourages you to report any content on the Rent a PowerBank Platforms that you believe infringes your rights. If you have a good faith belief that content on the Rent a PowerBank Platforms infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

Copyright. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), Rent a PowerBank has a designated agent for receiving notices of copyright infringement and Rent a PowerBank follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Rent a PowerBank copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Rent a PowerBank copyright agent for notice of claims of copyright infringement on or regarding the Rent a PowerBank Platforms can be reached as follows:

Name: Rent a PowerBank LLC

E-mail: info@rentapowerbank.net

Other Intellectual Property. If you believe that any content on a Rent a PowerBank Platform violates your exclusive rights other than copyrights, please provide Rent a PowerBank at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have and why the you believe the content infringes those rights, sufficient for us to evaluate the complaint; and (d)accurate contact information for you. Please send your complaint regarding content on the Rent a PowerBank Platforms to: Rent a PowerBank LLC, info@rentapowerbank.net.

General Rights Information. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

Rent a PowerBank will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.

Please note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

Please also note that the information provided in the legal notice you submit may be forwarded to the person who provided the allegedly infringing content.

Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

REGISTRATION

Certain areas of the Rent a PowerBank may require registration or may otherwise ask you to provide information to participate in certain features or access certain Materials or User Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Materials or User Content or participate in certain features of the Rent a PowerBank Platforms. When you provide information to the Rent a PowerBank Platforms, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.

If you register with us, you agree to accept responsibility for all activities, costs and fees that occur under your account or password, if any, and you agree you will not sell, transfer or assign your registration rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Rent a PowerBank Platforms using your name in whole or in part. Rent a PowerBank reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.

SALES

All sales, unless stated otherwise at the time of sale, are final and non-returnable, except as required by applicable law. Rent a PowerBank customer service should be contacted in the event that a Rent a PowerBank product, or Platform, is not operating as warranted herein.

WIDGETS & APPLICATIONS

The Rent a PowerBank Platforms may provide certain Materials that you may choose to include on your personal web page, third party web site or social networking site (“Personal Page”) by pasting the HTML or other code provided by us and labeled as an embed code (or similar identifying label) (“Embed Code”) into your Personal Page (“Widget”). For any Widgets that we make available on the Rent a PowerBank Platforms, we grant you a revocable permission, subject to the restrictions in these Terms, to include the Embed Code as provided by us (without editing) for inclusion only on your Personal Page and only on a site that: (i) permits you to post the Widget there; and (ii) does not have terms of use or other conditions that purport to give that site operator any interest or right in or to our Embed Code or Materials other than to obtain a limited, terminable right to host the Widget and permit its normal operation. Your use of the Widget may display our trademarks contained on the Widget or Materials made available via the Widget, but we control the use thereof and all goodwill associated with such use inures exclusively to us. You agree that you will not embed or otherwise make available a Widget on a web page or other location in violation of the prior sentence or that contains content that is distasteful, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole opinion). We make no specific warranties about Widgets and we may discontinue providing the services necessary for the Widgets to operate at any time for any reason without any liability to you. In addition, we may disable Widgets that you include on your Personal Page(s) if you violate these Terms (as determined by us in our sole discretion), or for any or no reason, without any liability to you. You agree that our permission to you to use Widgets on your Personal Page does not provide you (or any third party) with any intellectual property rights in or to the Widget or the Materials made available via any Widget. You agree to not make any commercial use of any Widget or the Materials made available in a Widget, in whole or in part, nor to sell, lease, hypothecate, transfer, license, encumber or otherwise exploit same, in whole or in part, or purport to give any third party permission to do so. This includes a prohibition on you or a third party overlaying or otherwise associating advertising with the Widget or Materials. You agree to include, and not remove or alter, our trademark, copyright or other proprietary rights notices, as provided by us on a Widget, Widget code or Materials made available via a Widget and you agree to comply with Widget usage guidelines that may be provided by us from time to time. You agree not to circumvent (or in any way attempt to circumvent) the security or rights management features in a Widget or any component of a Widget that are designed to prevent users from copying, manipulating or retaining the Materials made available via a Widget. You also agree to not use (or attempt to use) any Widget, or any component of a Widget, to display content other than the specific Materials provided or intended by us to be displayed via a particular Widget.

NOTICE TO THIRD PARTY SITES: Any of our Materials made available in connection with your site, or otherwise, by our Widgets, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Materials upon notice and you will do so.

THIRD PARTY LINKS, APPLICATIONS AND CONTENT

There may be links from the Rent a PowerBank Platforms, or communications you receive from the Rent a PowerBank Platforms, to third party sites or properties or our Rent a PowerBank Platforms may include third party content that we do not control, maintain or endorse. Accessing those third party sites requires you to leave the Rent a PowerBank Platforms. We do not control those third party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or properties, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH A RENT A POWERBANK PLATFORM INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY RENT A POWERBANK ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD PARTY SITE THAT YOU VISIT.

Rent a PowerBank grants you the revocable permission to link to the Rent a PowerBank website; provided, however, that your web site, or any third party web sites that link to the site (a) must not frame or create a browser or border environment around any of the content on the site or otherwise mirror any part of the Rent a PowerBank Platforms; (b) must not imply that Rent a PowerBank is endorsing or sponsoring it or its products, unless Rent a PowerBank has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Rent a PowerBank sole opinion, harm Rent a PowerBank or its products or services; (d) must not use any Rent a PowerBank trademarks without the prior written permission from Rent a PowerBank; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Rent a PowerBank sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to rentapowerbank.net, you agree that you do and will continue to comply with the above linking requirements.

Notwithstanding anything to the contrary contained in these Terms, Rent a PowerBank reserves the right to prohibit linking to the site for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.

YOUR WARRANTIES

You represent and warrant that: (i) you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf; (ii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms; and (iii) by renting or purchasing Items from us, you acknowledge and represent that you are authorized to use the payment card used for your rental or purchase of Item(s).

You also agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Rent a PowerBank Platforms and you will be responsible for all charges related thereto.

OUR DISCLAIMER OF WARRANTIES

THE RENT A POWERBANK PLATFORMS, INCLUDING, WITHOUT LIMITATION, THE MATERIALS AND ITEMS, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, RENT A POWERBANK AND ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, PARENT COMPANY, AGENTS, VENDORS AND CONTRACTORS (COLLECTIVELY, THE “RENT A POWERBANK PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE RENT A POWERBANK PLATFORMS; (B) THE MATERIALS OR ITEMS ON OR PROVIDED THROUGH THE RENT A POWERBANK PLATFORMS; (C) USER CONTENT OR WIDGETS; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE RENT A POWERBANK PLATFORMS; (E) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE RENT A POWERBANK PLATFORMS, INCLUDING, WITHOUT LIMITATION, ITEMS; OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM RENT A POWERBANK OR VIA THE RENT A POWERBANK PLATFORMS. IN ADDITION, THE RENT A POWERBANK PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM VIRUS.

THE RENT A POWERBANK PARTIES DO NOT REPRESENT OR WARRANT THAT THE RENT A POWERBANK PLATFORMS, THE ITEMS OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE RENT A POWERBANK PLATFORMS OR THE SERVERS THAT MAKE SOME OF THE RENT A POWERBANK PLATFORMS AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE RENT A POWERBANK PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE RENT A POWERBANK PLATFORMS ARE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE MOBILE QUBES PLATFORMS, THAT YOUR USE IS AT YOUR SOLE RISK. THE RENT A POWERBANK PARTIES DO NOT WARRANT THAT YOUR USE OF THE RENT A POWERBANK PLATFORMS OR ITEMS ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND THERENT A POWERBANK PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.

BY ACCESSING OR USING A RENT A POWERBANK PLATFORM YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THAT RENT A POWERBANK PLATFORM.

THE RENT A POWERBANK PARTIES DO NOT ENDORSE THE USER CONTENT OR COLLABORATIVE CONTENT, ARE NOT RESPONSIBLE FOR THE USER CONTENT OR COLLABORATIVE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT OR COLLABORATIVE CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OR COLLABORATIVE CONTENT OBTAINED THROUGH A MOBILEQUBES PLATFORM.

LIMITATION OF LIABILITY; WAIVER

UNDER NO CIRCUMSTANCES WILL THE RENT A POWERBANK PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) A RENT A POWERBANK PLATFORM; (B) THE MATERIALS OR PRODUCTS;

(C)USER CONTENT OR WIDGETS; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF A RENT A POWERBANK PLATFORM, PRODUCT, PROMO CODE OR MATERIALS; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE RENT A POWERBANK PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF A RENT A POWERBANK PLATFORM, MATERIALS, PRODUCT OR PROMO CODE;

(F)ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER RIGHTS OWNERS; (G) ANY ERRORS OR OMISSIONS IN A RENT A POWERBANK PLATFORM’S TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY COMPUTER, HARDWARE, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE RENT A POWERBANK PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD,

TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF A RENT A POWERBANK PLATFORM). IN NO EVENT WILL THE RENT A POWERBANK PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE RENT A POWERBANK PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNT WE CHARGED YOU FOR THE TRANSACTION. YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR A DEFECTIVE RENTAL OR PURCHASE IS A SUBSTITUTE RENTAL OR PURCHASE OF EQUAL OR LESSER VALUE FOR THE SAME TYPE OF PRODUCT. IF YOU BELIEVE YOU RECEIVED A DEFECTIVE PRODUCT; YOU MUST CONTACT RENT A POWERBANK CUSTOMER SERVICE, OTHERWISE RENT A POWERBANK WILL ASSUME THAT THE DEFECT OCCURRED DURING YOUR RENTAL PERIOD

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF RENT A POWERBANK ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE RENT A POWERBANK PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED, CONTROLLED, OR UTILIZED BY THE RENT A POWERBANK PARTIES.

INDEMNIFICATION

You agree to defend, indemnify and hold the Rent a PowerBank Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your use of the Rent a PowerBank Platforms, products or activities in connection with the Rent a PowerBank Platforms; (b) your breach (actual or alleged) or anticipatory breach of these Terms; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) any misrepresentation made by you; or (e) the Rent a PowerBank Parties’ use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and Rent a PowerBank. You will cooperate as fully required by the Rent a PowerBank Parties in the defense of any claim. The Rent a PowerBank Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Rent a PowerBank Parties.

TERM AND TERMINATION

Rent a PowerBank reserves the right to terminate your access to and use of the Rent a PowerBank Platforms or any of its features in its sole discretion, without notice and liability, including, without limitation, if Rent a PowerBank believes your conduct fails to conform to these Terms or any Additional Terms or any Updated Terms. Rent a PowerBank also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities and prosecuted to the fullest extent allowed by law.

You can terminate a rental transaction at any time by returning the rented products, or by keeping the products through the maximum rental period, so long as you pay the accrued daily rental charge(s), where applicable.

Rent a PowerBank also reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information or content available on the Rent a PowerBank Platforms, without limitation, in whole or in part, including the cessation of all activities associated with the Rent a PowerBank Platforms, with or without notice. You agree that Rent a PowerBank will not be liable to you or to any third party for any modification, suspension or discontinuance of the Rent a PowerBank Platforms or any part thereof. Rent a PowerBank also reserves the right to charge for use of the Rent a PowerBank Platforms, in whole or in part, and to change its fees from time to time in its discretion and without prior notice.

LOCATION AND TERRITORIAL RESTRICTIONS

Unless otherwise specified, the Rent a PowerBank Platforms and its Materials are made available for use in the United States.

The information provided on the Rent a PowerBank Platforms is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Rent a PowerBank to any registration requirement within such jurisdiction or country. Anyone using or accessing the Rent a PowerBank Platforms from locations outside of the United States does so on their own initiative and is responsible for compliance with United States and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Rent a PowerBank Platforms and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.

Software, products, or contents related to or made available by this Rent a PowerBank Platforms may be subject to United States export controls. Thus, no software from this Rent a PowerBank Platforms may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to, or assessing any product from Rent a PowerBank Platforms, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

You agree to comply with all rules, laws and regulations that are applicable to your use of the Rent a PowerBank Platforms, including, without limitation, those governing your transmission or use of any software or data.

GOVERNING LAW; DISPUTES

THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF NEW MEXICO, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO A RENT A POWERBANK PLATFORM, THE USE OR ACCESS THEREOF, OR THESE TERMS MUST BE IN THE STATE OR FEDERAL COURTS LOCATED IN ALBUQUERQUE, NEW MEXICO AND YOU CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN ALBUQUERQUE, NEW MEXICO FOR ANY SUCH LEGAL PROCEEDING. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY RENT A POWERBANK PLATFORM MUST BE COMMENCED IN ACCORDANCE WITH THE NEW MEXICO STATUTE OF LIMITATIONS, OR SIMILAR APPLICABLE FEDERAL LAWS.

MISCELLANEOUS

The failure of Rent a PowerBank to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Rent a PowerBank rights with respect to such breach or any subsequent breaches. No waiver by Rent a PowerBank of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized employee of Rent a PowerBank. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Rent a PowerBank may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Rent a PowerBank prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Rent a PowerBank by virtue of Rent a PowerBank having drafted them.

Rent a PowerBank will not be liable to you or be deemed to be in breach of its obligations under these Terms for any delay or failure in performance caused by acts beyond Rent a PowerBank reasonable control, including, without limitation, acts of God, war, terrorism, accidents, fires, floods, strikes, labor disputes, shortages or delays in obtaining supplies or service, materials, labor, or transportation, interruption of utility services or the Internet, acts of any unit of government or any governmental agency, or any similar or dissimilar cause.

Notwithstanding termination of your use of the Rent a PowerBank Platforms, for any reason whatsoever, the following sections of these Terms continue and survive: “Ownership of Materials,” “User Comments and Postings,” “Your Warranties,” “Our Disclaimer of Warranties,” “Limitation of Liability; Waiver,” “Indemnification,” “Governing Law; Disputes” and “Miscellaneous.”

CONTACT INFORMATION

If you should have any questions or comments, please contact our customer service email: info@rentapowerbank.net