Charge-Togo Terms of Use

This Terms of Use Agreement (“Agreement”) governs your use of the portable chargers (“Chargers”) made available by the Charge-Togo (the “Company”).  The lease, use or payment to use of a Charger constitutes your acceptance of the terms of this Agreement.  The Company reserves the right to change or modify this Agreement or other policies related to the use of the Charger, at any time by posting revisions at http://www.charge-Togo.com. The most recent version of this Agreement shall be available at http://www.charge-Togo.com and shall supersede any and all other versions. 

Terms

You as User hereby lease from the Company the Portable Charger to be used during the event/social gathering.   As User you will pay a $7.00 fee for the rental service and $10.00 deposit that will be refunded - excluding taxes and surcharges - upon returning the undamaged charger prior to termination of the event/social gathering.  Together with the one fully charged portable charger you will receive complimentary cables and a bracelet with a battery imprint.  The bracelet may be used to exchange for a second fresh charger on the same event or social gathering.  The use of the Charger shall be limited to the duration of the event or social gathering.  User recognizes that failure to return the undamaged Charger prior to the termination of the event will result in the Company to keep all of the deposit and/or permanently charge the deposit full amount to your credit card to cover for the undelivered charger and/or its damage.   Bracelet is non-refundable and has no cash value and may not be returned for cash or credit.  User may choose to buy the charger for the price established by the Company. 

Charger Usage 

User agrees that Chargers may be only used to charge mobile devices such as cellphones and tablets.  Charger will charge most type of mobile devices in 2½ - 3 hours however; User understand it is his/her responsibility verify compatibility of the charger, further User recognizes that charging amounts and times vary depending on the type of mobile device, its battery condition, usage and intensity during the charging time.   User accept to have had a full, complete and comprehensive evaluation of the Charger functionality, features and usage and that user have had the fullest opportunity to ascertain its suitability, including but not limited to its features, usage and compatibility.  User represent that he/she will exercise due care in the use, operation, and maintenance of the Charger and will not use, operate, or maintain the Charger or any of its parts improperly, carelessly, in violation of any applicable law, in any manner which in any way could damage or harm other people, the event/social gathering, the Company or for a purpose or in a manner contrary to that contemplated by this Agreement. 

Warranty

The Charger is provided on “AS IS” and “AS AVAILABLE” with no warranties. The Company hereby disclaims all warranties, terms, or conditions express or implied, either in fact or by operation of law, statutory or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated.  Accordingly, user acknowledge and agree that the Company will have no liability in connection with or arising from your use of the Charger and/or any of the services.  User only right or remedy with respect to any problems or dissatisfaction with the Charger and/or any of the services is to immediately request a Charger replacement.  The Company will not be required or obliged to make any refund of rent or purchase price. User further acknowledges that the Company has no obligation to furnish support services. 

Limitation of Liability

To the extent not prohibited by law, in no event shall company be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use of the Charger, however caused, regardless of the theory of liability (contract, tort or otherwise). In no event shall Company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Indemnification

You hereby agree to indemnify, defend and hold harmless, the Company, its partners, and its and their respective affiliates, officers, directors, employees, contractors and suppliers from and against any and all claims, actions, liability, damages and costs, including reasonable attorneys’ fees incurred by such parties, in connection with or arising out of your violation or breach of any term of this terms of use or any applicable law or regulation, whether or not referenced herein, or your use or misuse of the Charger and/or any of the services.

Miscellaneous

User represents to have full power, capacity and authority to accept these Terms. This Agreement constitutes the full and entire understanding and agreement among the parties with regard to the subjects hereof and thereof and supersedes all prior agreements and understandings relating thereto.  This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard, however, to such jurisdiction's principles of conflict of laws. If any provision of this Agreement or the application thereof to any person or circumstance is held invalid or unenforceable to any extent, the remainder of this Agreement and the application of that provision to other persons or circumstances is not affected thereby and that provision shall be enforced to the greatest extent permitted by applicable law.   In the event that the applicable law is subsequently amended or interpreted in such a way to make valid any provision of the Agreement that was formerly invalid, such provision shall be considered to be valid from the effective date of such interpretation or amendment.   No delay or omission to exercise any right, power or remedy accruing to any party upon any breach or default of the other party under this Agreement shall impair any such right, power or remedy of such first party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring.   The Company may freely assign, pledge or transfer this Agreement or any interest herein, User may only assign with prior written consent from the Company.