ChargeNow DC Fast Terms and Conditions
Terms of Service
ChargeNow® DC Fast Program Agreement
Effective Date: January 18, 2017
Please read this ChargeNow DC Fast Program Agreement carefully.
General: The ChargeNow DC Fast Program (“the Program”) allows eligible BMW i3 owners* who live near one or more EVgo stations** to use their ChargeNow cards to access no cost 30 minute DC Fast charging sessions and no cost 1 hour Level 2 charging sessions for the BMW i3 vehicle, at EVgo stations, for 24 months from enrollment. The program is open to customers who purchase or lease a new BMW i3* on or after November 1, 2015 from a BMW i Center and who:
1. Register with ChargePoint, Inc. ("ChargePoint"), for a ChargeNow account at chargenow.com/us, or convert an existing ChargePoint account to a ChargeNow account by contacting ChargePoint Customer Support at 1-888-758-4389 or firstname.lastname@example.org; and
2. Enroll in the ChargeNow DC Fast Program on or before December 31, 2018, by providing your BMW i3 VIN and indicating your acceptance of these Terms of Service, at chargenow.com/us.
*Applies to Model Year 2015 or later BMW i3 vehicles only.
**As of January 2017, EVgo stations are available in the following markets. This list is subject to expansion as additional EVgo stations are added in the U.S. Locate precise station location at www.chargenowusa.com.
Albany , NY
Burlington - Montpelier, VT
Cleveland - Akron, OH
Colorado Springs, CO
Dallas - Ft. Worth, TX
Detroit - Ann Arbor, MI
*Fayetteville-Bentonville (*Single charger)
Ft. Lauderdale - Boca Raton, FL
Greenville, SC - Asheville, NC
Harrisburg - York, PA
Las Vegas, NV
Los Angeles, CA
New Haven, CT
New York Tri-State (NY, NJ, CT)
Orlando - Daytona, FL
Palm Springs, FL
Salt Lake City, UT
San Diego, CA
San Francisco, CA
Santa Barbara, CA
*Spokane (*Single charger)
*Springfield-Holyoke (*Single charger)
St. Louis, MO
Tampa - Clearwater, FL
*Vero Beach (*Single charger)
By participating in the Program, you will be entitled to use your ChargeNow card to access no cost, 30-minute DC Fast charging sessions and no cost, one-hour Level 2 charging sessions for your BMW i3 vehicle at charging stations owned and operated by EVgo Services LLC (“EVgo”), for a period of 24 months following your date of enrollment (the "termination date"). Both the registration period and the termination date may be reduced or extended from time to time at BMW's sole discretion, without notice. This Agreement describes the terms and conditions under which you may participate in the Program. By using your ChargeNow Card to receive charging services at EVgo stations, you agree to the following terms:
- Use your ChargeNow card only for the BMW i3 associated with your ChargeNow account.
- After the initial no cost 1 hour Level 2 charging session, you may be assessed a $1.00 per hour fee for additional plug-in time.
Obey all applicable laws and regulations regarding your use of the ChargeNow Card, as well as EVgo's Terms of Service and Arbitration Schedule applicable generally to EVgo customers, together with any the policies and regulations of the owner of the property on which the EVgo charging stations are located. Note: Program is for personal use only and is not available for use in a commercial enterprise or for financial gain. EVgo's Terms of Service and Arbitration Schedule contain provisions that limit its liability, limit your right to seek certain damages from EVgo and require that disputes between you and EVgo be resolved in arbitration without the opportunity for you to join a class action or to seek a jury trial. They are available at https://www.evgo.com/terms-service/ or any successor web page thereto, and are made a part hereof and incorporated herein by this reference. PLEASE READ EVGO'S TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES. BY USING THE SERVICES YOU AGREE TO BE LEGALLY BOUND BY EVGO'S TERMS OF SERVICE AND THAT YOU HAVE ACCEPTED THE ARBITRATION SCHEDULE.
- Promptly review your statement and notify ChargePoint Customer Service of any questions regarding your ChargeNow account.
- Release BMW North America, LLC and ChargePoint, Inc., as well as each of their respective subsidiaries, affiliates, officers, employees, agents and dealers from and against any and all loss, cost, damage, injury, liability, and claims (collectively, "Claims") for any injury to or death of a person or injury to property arising out of your use of an EVgo charging station as part of this program. In providing this release, you certify that you understand and agree that none of the parties described in this paragraph has any liability of any kind to you, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise for any injury you may suffer as a result of an EVgo charging station.
Termination: Either Party may terminate this Agreement at any time and for any reason. Upon termination, you will no longer be provided with either no cost DC Fast charging or no cost Level 2 charging at EVgo stations, and you agree not to use your ChargeNow card in order to attempt to access such charging.
Changes: ChargePoint and BMW each reserves the right to change the terms of this Agreement at any time by providing written notice to you, which, for these purposes, shall include an email sent to the email address you have on file with ChargePoint. You will be deemed to have received such notice ten (10) days after that notice is sent. You agree to all changes when you use your ChargeNow Card(s) after that date.
Non-transferable: This offer cannot be combined with other offers and not redeemable for cash.
DISCLAIMER OF WARRANTIES: NEITHER CHARGEPOINT NOR BMW PROVIDE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO YOUR USE OF THE EVGO STATIONS, AND SUCH USE BY YOU IS AT YOUR SOLE RISK. CHARGEPOINT AND BMW EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER CHARGEPOINT NOR BMW MAKES ANY WARRANTY THAT (i) THE EVGO CHARGING STATIONS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (ii) THE OPERATION OF THE EVGO CHARGING STATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Indemnity: You agree to indemnify, protect, and hold harmless BMW, ChargePoint and each of their respective directors, officers, employees, agents, dealers and distributors, and their respective directors, officers, employees and agents (collectively, the "Indemnitees") from all liability for any loss, damage or injury to persons or property arising from or related to your misuse or misapplication of the EVgo charging stations or otherwise for your negligence or misconduct.
Governing Law: This Agreement shall be interpreted in accordance with the laws of the State of California excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods and any conflict of law provisions that would require application of another choice of law. If any term of this Agreement is found to be invalid, such invalidity shall not affect the validity of the remaining terms.
Arbitration: Any dispute arising from or relating to this Agreement shall be arbitrated in Santa Clara, California. The arbitration shall be administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures, and judgment on any award may be entered in any court of competent jurisdiction. If the Parties agree, a mediator may be consulted prior to arbitration. All claims shall be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The prevailing party in any dispute arising out of this Agreement shall be entitled to reasonable attorneys' fees and costs.
Communications: Please address all inquiries and notices to ChargePoint Customer Service in your region:
North America (US, Canada, Mexico):
Address: 254 East Hacienda Avenue | Campbell, CA 95008 USA
Telephone: +1-888-PLUG-EV9 (+1-888-758-4389) [+1-408-370-3802 outside of North America]