In-Effect Date: May 25, 2021
PLEASE REVIEW THESE DRIVER TERMS OF USE CAREFULLY. FLO and its affiliates operate and manage a network of Charging Stations across North America. By agreeing to these Driver Terms of Use, you may create a FLO User Account and access Charging Stations on the FLO Network and on Roaming Networks. ALL OF THE SERVICES OFFERED BY FLO ON THE NETWORKS ARE CONDITIONAL ON YOUR ACCEPTANCE OF THESE DRIVER TERMS OF USE. If you already have a FLO User Account, your continued access to that account and any services offered by FLO on the Networks depends on your acceptance of these Driver Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS YOU CAN CANCEL YOUR FLO USER ACCOUNT BY EMAILING SERVICE@FLO.COM AND CEASE USING THE NETWORKS.
THESE DRIVER TERMS OF USE APPLY TO YOUR USE OF YOUR FLO USER ACCOUNT, THE FLO NETWORK AND THE ROAMING NETWORKS FROM WITHIN THE UNITED STATES. IF YOU ARE ACCESSING OR USING YOUR FLO USER ACCOUNT, THE FLO NETWORK OR THE ROAMING NETWORKS FROM WITHIN CANADA, YOU ARE SUBJECT TO OUR CANADIAN DRIVER TERMS OF USE WHICH ARE AVAILABLE AT: Canadian Driver Terms of Use – English and Canadian Driver Terms of Use – French.
1.Acceptance of Driver Terms of Use
By using the Networks, you agree to be bound by these Driver Terms of Use (the “Driver Terms of Use“), the terms of use of our websites available at https://www.flo.com/terms-and-conditions/ and https://www.flo.com/en/terms-and-conditions/ (the “Website Terms of Use“), our privacy policy available at https://www.flo.com/privacy-policy/ (the “Privacy Policy“) and any terms and conditions of sale or warranties provided during your purchase or use of any of our products or services, all of which form integral parts of these Driver Terms of Use. By accessing the FLO Network or Roaming Networks in Canada, you agree to our Canadian Driver Terms of Use without any further action.
The Driver Terms of Use constitute a contract between you and FLO regarding access to and use of the Networks. FLO invites you to read the Driver Terms of Use carefully before using the Networks, our websites https://www.flo.com and https://addenergietechnologies.com/en/, any associated sites, or our FLO Mobile App (collectively, the “Sites”) and to contact FLO’s webmaster if you have any questions at webmaster@flo.com.
Any inconsistencies between these Driver Terms of Use, the Website Terms of Use, the Privacy Policy and any terms of conditions of sale or warranties shall be resolved by FLO in its sole discretion.
2.Changes to Driver Terms of Use
In the spirit of continuously improving its processes and operations, FLO reserves the right to modify, at its sole discretion, the Driver Terms of Use or to add new terms and conditions. By accessing and using the Networks or the Sites after amended Driver Terms of Use have been posted to https://www.flo.com and sent to you via either our FLO Mobile App or the e-mail address you have on file with FLO, you agree to respect and be bound by such amended Driver Terms of Use. You will be deemed to have received such notice (10) ten days after it has been sent. It is your responsibility to provide us with your updated e-mail address, in the event that it changes. FLO invites you to consult the Driver Terms of Use from time to time to review the most recent version.
Defined Terms
Access Card: a radio frequency identification (RFID) card allowing FLO Users access to Charging Services on the FLO Network and some Roaming Networks, bearing a unique identification number and enabling a Charging Station to identify a FLO User and the corresponding FLO User Account.
Charging Fees: payments made by FLO Users for Charging Services.
Charging Services: services enabling a FLO User to charge the battery of their EV at a Charging Station through the Networks.
Charging Session: a continuous session during which a FLO User uses a Charging Station to charge an EV battery.
Charging Station: EV supply equipment or a direct current fast charger that provides Charging Services.
EV: an electric vehicle.
FLO: FLO Services USA Inc. doing business in California as FLO Charging Solutions USA Inc., with a mailing address at 75 South Clinton Ave., Suite 510 Rochester, NY 14604 USA.
FLO Mobile App: FLO’s mobile application that is available for download on mobile equipment, giving FLO Users access to their FLO User Account, Charging Services on the Networks, and information regarding the Networks, including mapping of the Charging Stations available for use on the Networks.
FLO Network: a network of Charging Stations across North America operated and managed by FLO and its affiliates.
FLO User: you, an EV driver who has agreed to these Driver Terms of Use and created a FLO User Account.
FLO User Account: an account created by a FLO User on the FLO Website or FLO Mobile App that gives FLO Users access to the Charging Services and allows them to deposit funds to pay for the Charging Services.
FLO Website: FLO’s website, located at https://www.flo.com, giving FLO Users access to their FLO User Account information and to information regarding the Networks, including mapping of the Charging Stations available for use on the Networks.
Networks: the FLO Network and the Roaming Networks.
Roaming Networks: EV charging networks on which FLO Users are permitted to obtain Charging Services using their FLO User Accounts.
Taxes: tax applicable, if any, required by the relevant authority.
All references to currency are American dollars.
3.FLO’s Commitment to FLO Users
FLO’s obligation under this Driver Terms of Use is to provide FLO Users with the Charging Services, using reasonable commercial efforts, subject to the terms set forth in this Driver Terms of Use.
4.Becoming a FLO User
To become a FLO User, you need to create a FLO User Account. You can set up a FLO User Account from the FLO Website https://www.flo.com or by downloading the FLO Mobile App.
To download the FLO Mobile App on an Apple device use:
https://apps.apple.com/us/app/id808395252?l=en.
To download the FLO Mobile App on an Android device use:
https://play.google.com/store/apps/details?id=com.addenergie.reseauver&hl=en.
You will need to provide the following information to create a FLO User Account:
To become a FLO User, you must also accept these Driver Terms of Use.
FLO’s use of your personal information is governed by our Privacy Policy.
Following your account setup, you will receive an e-mail confirming creation of your FLO User Account at the e-mail address you provided, including a copy of these Driver Terms of Use.
It is your responsibility to keep your FLO User Account information including your e-mail address up to date. You can notify FLO’s Customer Experience Team of any changes by writing to: service@flo.com.
5.Deposits for Charging Services
Before you can access the Charging Services, you must deposit a minimum of $10.00 to your FLO User Account. You can make the deposit using the FLO Website or the FLO Mobile App. For additional deposits to your FLO User Account, the minimum amount is $10.00. No deposits to your FLO User Account are required to access Charging Stations that are free-of-charge (i.e. where there are no Charging Fees in effect).
You must use an accepted credit card to deposit funds to your FLO User Account. Currently Visa®, MasterCard® and AMEX® credit cards are accepted. Prior to charging your credit card, an authorization process will occur for the amount of your transaction. FLO uses a third-party payment processor (currently Stripe®) to securely process credit card transactions, including deposits to your FLO User Account.
All FLO User Account deposits received by FLO are placed in a separate bank account and FLO administers this account on behalf of FLO Users. The deposits to your FLO User Account do not earn, and FLO will not pay, interest.
6.Payment for Charging Services
You can pay for Charging Services on the FLO Network using your Access Card, the FLO Mobile App or, by calling the toll-free number on the Charging Station and providing your member number (an additional fee is applied when using the toll-free number).
Payment for Charging Services on the Roaming Networks may vary. Some Charging Stations on the Roaming Networks will only allow you to pay through the FLO Mobile App while others may also accept payment using your Access Card. Please review the signage at the individual Charging Station for details or call FLO Customer Experience for assistance.
After each Charging Session, your FLO User Account will be debited the cost of the Charging Fees plus applicable Taxes. If for some reason Charging Fees cannot be processed at the time of charging, charging information will be saved and your FLO User Account will be debited the cost at a later time. The balance of your FLO User Account may become negative after a Charging Session and you will need to replenish your FLO User Account to cover any such negative balance. You will not be able to use the Charging Services while you have a negative balance in your FLO User Account.
Charging Fees may vary by Charging Station and are set by the Charging Station owner, which may be FLO, the Charging Station’s site-host, or, in the case of a Roaming Network, the person authorized to set the fees on that Roaming Network.
If you have questions regarding your transaction history or any correction thereto, or if you wish to dispute any transaction or correction that has been applied to your FLO User Account, please contact FLO Customer Experience at service@flo.com within thirty (30) calendar days of the transaction in question. Assuming you provide sufficient details, FLO will review your claim and respond with its findings. If FLO finds a billing error, FLO will correct the error promptly after completing its review. Any reimbursements by FLO for billing errors will be made in the form of a deposit to your FLO User Account. FLO will not make reimbursements to credit cards or issue cheques. FLO will not be responsible for any expenses incurred or direct or indirect damages resulting from billing errors. If FLO does not find a billing error, FLO will explain its findings. FLO will not review or correct any billing error submitted by a FLO User more than thirty (30) calendar days from the date of the transaction.
Should you fail to replenish a negative balance in your FLO User Account, in addition to any other remedies available at law, FLO may close your FLO User Account and terminate this Driver Terms of Use, including your access and right to use the Networks. FLO may also decline to open a new FLO User Account for you in the future.
7.Reimbursement of Deposits
You may request reimbursement of the balance in your FLO User Account by contacting FLO Customer Experience at service@flo.com.
Reimbursements may only be requested by the actual credit card holder and will only be made to the credit card used to make the deposits. In exceptional circumstances, and at FLO’s sole discretion only, reimbursement may be made by cheque.
Deposits made to a FLO User’s Account that are associated with a promotion have no cash value and are not eligible for reimbursement.
8.Access Card
You can purchase an Access Card on the FLO Website or through the FLO Mobile App. To pay for the Access Card via your FLO User Account, your FLO User Account balance must be sufficient to cover the purchase price of the Access Card. You can also purchase an Access Card at the time you set up your FLO User Account, but your FLO User Account balance must be sufficient to cover the purchase price of the Access Card.
The current price of an Access Card is the price indicated on the FLO Website at the time of purchase plus applicable Tax. FLO will use reasonable commercial efforts to mail your Access Card within ten (10) business days from the date of purchase. If you have not received your Access Card within twenty (20) business days from the date of purchase, please contact FLO Customer Experience at service@flo.com for assistance.
Use of the Access Card is strictly personal. If you allow a third party, including an employee or contractor, to use your Access Card to access the Networks, it is your obligation to ensure that they agree to and abide by these Driver Terms of Use.
9.Lost, Stolen or Damaged Access Card
You should treat your Access Card like cash and not disclose your FLO User Account information to anyone. If your Access Card is lost or stolen, anyone who obtains possession of it may use your Access Card. You are responsible and FLO will not be liable for any and all transactions on your Access Card, including unauthorized transactions.
If your Access Card becomes lost, stolen or damaged, immediately notify FLO Customer Experience by e-mail to service@flo.com or by calling the toll-free number on the FLO Website. Your FLO User Account balance is protected from the time FLO confirms receipt of your written or telephone notice of loss, theft or damage. Upon receiving this notice, FLO will delete the lost, stolen or damaged Access Card from your FLO User Account and it will no longer be useable.
To replace an Access Card for any reason, contact FLO Customer Experience by e-mail to service@flo.com or by calling the toll-free number on the FLO Website and a new Access Card will be mailed to you. If a replacement is required because of a defect in the Access Card that is not caused by improper use or abuse, FLO will cover the cost of replacing the Access Card, including shipping fees within the United States. For a replacement required because of Access Card loss, theft or damage, including from improper use or abuse, you will be charged a fee equal to the purchase price of a new Access Card plus applicable Tax. In case of any dispute concerning the reason for Access Card replacement, you agree, if requested, to provide a photo of the Access Card or return the physical Access Card for inspection by FLO. Any funds remaining in your FLO User Account will be transferred to your new Access Card prior to its sending by FLO.
10.Charging Station Location and Availability
For the convenience of all FLO Users, FLO provides a map of available Charging Stations on the Networks via the FLO Mobile App and FLO Website. This information is provided for informational purposes only, and, while FLO uses reasonable commercial efforts to keep the mapping information accurate, complete and up-to-date, FLO cannot and does not warrant that it is error-free. FLO assumes no direct or indirect liability in the event that actual Charging Station availability and/or terms of use differ from the information provided on the map in the FLO Mobile App or on the FLO Website. Factors that can impact the accuracy of the map include: (1) failure by a Charging Station owner to provide sufficient maintenance or monitoring; (2) failure of a Charging Station owner to advise FLO of a change to access rules related to the Charging Station or power outages; (3) failure of a Roaming Network operator to advise FLO of changes or power outages related to a Charging Station; (4) force majeure situations beyond the reasonable control of the Charging Station owner, Roaming Network operator and/or FLO.
11.Charging Fees
Charging Fees are set by Charging Station owners, at their sole discretion and in accordance with applicable law. Some Charging Stations are free-of-charge.
Charging Stations may display applicable Charging Fees in different ways. For Charging Stations with screens that are manufactured by AddÉnergie Technologies Inc., the Charging Fee will appear on a scrolling display. For Charging Stations without screens, including those on Roaming Networks, please verify posted signage or call FLO Customer Experience at the number on the FLO Website for applicable Charging Fees. Charging Fees are also posted on the Charging Station map available on the FLO Mobile App and FLO Website.
For Charging Stations on the FLO Network, when the Charging Fee is based on an hourly rate, the Charging Session is billed in proportion to the time you use the Charging Services, to the second. Time is calculated based on the total period your EV is connected to the Charging Station, even if your Charging Session has terminated. To avoid unnecessary charges on time-based Charging Stations, please ensure you remove your EV promptly from the Charging Station after completion of the Charging Session.
For Charging Stations on Roaming Networks, Charging Fees will be based on the rules of the Roaming Network. It is your responsibility to confirm any Charging Fees in advance of starting a Charging Session on a Roaming Network. Any questions regarding payment for Charging Sessions on Roaming Networks can be directed to FLO Customer Experience at service@flo.com and are governed by Section 6 above.
Any additional fees associated with accessing the Networks (e.g. cellular data fees incurred for use of a smart phone or parking fees/tickets where applicable) are the FLO User’s sole responsibility.
12.Charging Sessions
Before commencing a Charging Session, please always review and follow any safety instructions posted on or around the Charging Station. Please also visually inspect the Charging Station to ensure that you do not see any visible damage. If you see any damage, please call FLO’s 24/7 on-the-road support team to confirm whether the Charging Station is safe to use prior to commencing a Charging Session. Note that we have important limitations in these Driver Terms of Use on FLO’s liability for any damage caused while using a Charging Station on the Networks.
Charging Sessions on the FLO Network
A FLO User with a valid FLO User Account containing a positive balance of any amount may use the Charging Services at any available Charging Station on the FLO Network.
To activate a Charging Station that is on the FLO Network, you must either:
Charging Sessions on Roaming Networks
Accessing and activating a Charging Station on a Roaming Network may be different. For instance, some Charging Stations may only allow you to activate them using the FLO Mobile App while others may accept your Access Card. Please review the signage at the individual Charging Station for details or call FLO’s 24/7 on-the-road support team for assistance.
For Charging Sessions on all Networks, the data generated by the Charging Station will indicate and be proof of the period of use of a Charging Station by a FLO User.
13.Transaction Receipt
After each Charging Session, you will receive a receipt of the transaction at the e-mail address specified in your FLO User Account. The receipt will specify that your FLO User Account has been debited for the Charging Fees associated with the Charging Session. If the Charging Session occurred at a Charging Station on the FLO Network the Transaction Receipt will specify the following information:
Please note that FLO Charging Stations do not provide physical receipts.
If the Charging Session occurred at a Charging Station on a Roaming Network, the Transaction Receipt may specify different information.
14.Charging Station Availability
To determine whether a Charging Station is available for use, please consult the FLO Mobile App or the FLO Website. FLO assumes no direct or indirect liability in the event that the actual Charging Station availability or status differs from the information provided on the FLO Mobile App or on the FLO Website.
15.FLO User Obligations
You agree to pay all Charging Fees for the Charging Services initiated by you or through the use of your Access Card, the FLO Mobile App, or telephone request connected to your User Account.
You agree to use the Charging Services as would a reasonable person for the purposes for which the Charging Services were designed and in compliance with these Driver Terms of Use. To use the Charging Services, you must ensure that your electric vehicle is in proper functioning condition and that its battery and connecting apparatus are compatible with the Charging Station.
You must comply with all applicable laws and regulations related to the Charging Stations and/or the property on which the Charging Stations are located. You are solely responsible for any damage that you cause to the Charging Station or the area in which it is located and you must immediately inform FLO Customer Experience in writing of any such damage at service@flo.com, providing the location, Charging Station number, type of damage caused and a photo of the damage, if applicable.
You represent that all information in your FLO User Account is accurate and up-to-date and agree to take all steps necessary to update your FLO User Account information within a reasonable time if the information changes.
You agree not to perpetuate any fraud or engage in any unlawful action against FLO or its affiliates in relation to the Charging Stations or the Networks. Should FLO discover that you have engaged in any such action in breach of these Driver Terms of Use, in addition to any other remedies available in these Driver Terms of Use or at law, FLO reserves the right to calculate and deduct any amount owing from your FLO User Account.
16.Use of the FLO Website and FLO Mobile App
You may access and use the FLO Website and FLO Mobile App to obtain information regarding Charging Station locations on the Networks, trip mapping and other content and features that FLO may make available from time to time. Use of the FLO Website and FLO Mobile App are subject to FLO’s Website Terms of Use and Privacy Policy.
You acknowledge and agree that FLO may modify the FLO Website and FLO Mobile App in any way and at any time, with or without notice. You further acknowledge and agree that, while FLO has attempted to provide accurate information on the FLO Website and FLO Mobile App, such information may change frequently. In no event will FLO be responsible for the accuracy, usefulness or completeness of any information, materials or other content on the FLO Website or FLO Mobile App, nor does FLO warrant that any such information, materials, or other content is up-to date.
17.Personal Information
Your use of the Charging Services generates data and personal information that is subject to the terms of the FLO Privacy Policy.
18.Term and Termination
The Driver Terms of Use will continue for an indefinite term, until terminated.
You may terminate your agreement with FLO under these Driver Terms of Use for any reason or no reason by cancelling your FLO User Account at any time, without any fees or penalty other than as provided herein, including replenishing any negative balance in the User Account, by notifying FLO Customer Experience in writing at the mailing address provided below or by e-mail at service@flo.com.
FLO may terminate your FLO User Account and these Driver Terms of Use for any reason or no reason at any time.
Upon termination, the FLO User Account you have created will, thereafter, be closed and the amounts deposited in the separate bank account and attributed to your FLO User Account will be reimbursed, net of any amounts owing by you to FLO, as described in the paragraph titled “Reimbursement of Deposits”.
19.Violation of Driver Terms of Use
FLO will only disclose any personal information it has about you (including your identity) in accordance with its Privacy Policy.
You agree that FLO may, in its sole discretion and without prior notice, terminate your access to the Networks and/or block your future access to these Networks if FLO determines that you have violated these Driver Terms of Use or other agreements or guidelines which may be associated with your use of the Networks. You also agree that any violation by you of these Driver Terms of Use may cause irreparable harm to FLO, for which monetary damages would be inadequate, and you consent to FLO obtaining any injunctive or equitable relief that FLO deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies FLO may have at law or in equity.
You agree that FLO will not be liable to you or to any third party for termination of your access to the Networks or Sites for any reason.
20.Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT THE USE OF THE NETWORKS, THE CHARGING STATIONS AND THE ACCESS CARDS IS AT YOUR SOLE RISK. THE NETWORKS, THE CHARGING STATIONS AND THE ACCESS CARDS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. FLO PROVIDES THE FLO NETWORK AND ACCESS CARD AND FLO OR THE CHARGING STATION HOST PROVIDES THE CHARGING STATION ON A COMMERCIALLY REASONABLE BASIS AND FLO DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE CHARGING STATIONS OR ACCESS CARDS AT ANY GIVEN TIME OR LOCATION, OR THAT THERE WILL BE CHARGING STATIONS LOCATED IN A SPECIFIC GEOGRAPHIC AREA. YOUR ACCESS AND USE OF THE NETWORKS, THE CHARGING STATIONS AND ACCESS CARDS ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EV, MOBILE DEVICE, OTHER PROPERTY OR ANY OTHER DAMAGES OR BODILY INJURIES THAT RESULT FROM SUCH ACCESS OR USE.
FLO MAKES NO WARRANTY REGARDING THE NETWORKS, THE CHARGING STATIONS, THE ACCESS CARDS AND/OR THEIR CONTENT AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS THAT:
Some jurisdictions do not allow the exclusion of express or implied warranties so the above exclusions may not apply to you.
21.Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL FLO, ITS AFFILIATES (INCLUDING ITS PARENT COMPANY ADDÉNERGIE TECHNOLOGIES INC.), ANY CHARGING STATION OWNER OR HOST, ANY ROAMING NETWORK AND ANY CHARGING STATION SPONSOR OR ADVERTISER AND EACH OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS OR REPRESENTATIVES, OR ANY AFFILIATES THEREOF (“FLO REPRESENTATIVES”) HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PAIN AND SUFFERING, BODILY INJURIES, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, HARM TO BUSINESS OR REPUTATION, LOSS OF INFORMATION, LOSS OF PROFIT, LOSS OF REVENUE OR INCOME, LOSS OF SALARY OR OTHER COMPENSATION FROM EMPLOYMENT), ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE NETWORKS, THE CHARGING STATIONS, THE ACCESS CARDS OR THEIR CONTENT EVEN IF FLO OR ANY FLO REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
FLO AND FLO REPRESENTATIVES DISCLAIM ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY, INCLUDING BUT NOT LIMITED TO USERS OF THE NETWORKS OR ANY CHARGING STATION OR ANY ACCESS CARD, OR OWNERS OR LESSORS OF CHARGING STATIONS OR ANY OWNER, LESSOR, LICENSEE, OCCUPANT OR OTHER PERSON ON OR RESPONSIBLE FOR ANY PROPERTY ON WHICH A CHARGING STATION IS LOCATED (“THIRD-PARTYS”) AND MAY IN NO CASE BE HELD LIABLE FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES) OR COSTS ARISING IN ANY MANNER FROM:
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE DRIVER TERMS OF USE, FLO IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE NETWORKS, A CHARGING STATION OR AN ACCESS CARD, FLO’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY CHARGING FEES INCURRED ON THE NETWORKS AND PAID TO FLO ARISING FROM YOUR USE OF THE NETWORKS IN THE SIX (6) MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST FLO (FOR GREATER CERTAINTY NOT INCLUDING THE PURCHASE PRICE FOR ANY FLO HARDWARE OR SOFTWARE PRODUCTS OR ANY FLO EXTENDED WARRANTIES OR SIMILAR SUPPORT PROGRAM), OR (2) $100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION. THESE LIMITATIONS OR EXCLUSIONS OF LIABILITY MAY NOT PREJUDICE YOUR STATUTORY RIGHTS.
22.Indemnification
You will indemnify, defend and hold FLO and FLO Representatives (the “Indemnified Parties”) harmless from and against any claims brought by third parties against the Indemnified Parties resulting from:
You agree that the Indemnified Parties will have no liability in connection with any such claim and agree to hold them harmless against any and all resulting losses, damages, judgments, awards, costs, expenses, as well as judicial and extrajudicial fees and costs.
23.FLO Contact Information
You can send FLO an e-mail at service@flo.com.
You can access the FLO Website at https://www.flo.com.
You can send mail to FLO at the following address:
FLO Services USA Inc. d/b in California as FLO Charging Solutions USA Inc.
75 South Clinton Ave., Suite 510
Rochester, NY 14604 USA
For support using Charging Stations, you can contact FLO’s 24/7 on-the-road support team at 1-888-356-8911.
For other inquiries, you can contact FLO’s Customer Experience team at 1-855-543-8356.
For questions relating to the FLO Website, you can e-mail webmaster@flo.com.
For questions relating to privacy, you can e-mail privacy@flo.com.
24.E-mail
E-mail is neither protected nor confidential. Messages may be lost or intercepted as are communications by other means (for example postal mail). No electronic system can be perfectly protected or error-free. FLO will not be responsible for damages you may suffer through the exchange of electronic mail or messages, should they be generated by you or by FLO.
25.Copyright
All texts, images, photographs, information, audio clips, video clips, software and codes available on the FLO Website, the FLO Mobile App and the Charging Stations on the FLO Network (collectively the “Content”), including the presentation of the Content (defined above) are protected by United States and foreign laws, including copyright laws, and belong to FLO, its affiliates or its licensors.
For so long as you agree to and comply with these Driver Terms of Use, FLO grants you a personal, non-exclusive, non-transferable license to use and display the Sites and their Content on your computer, mobile phone or any other electronic device, solely for personal and non-commercial use, and to make one copy, for backup or hard copy purposes, on condition that you not alter the Content and that you retain the copyright notices.
The modification, reproduction, distribution, transmission, dissemination, representation, networking, marketing, publication, licensing, public performance, downloading, creation of derivative works, internet posting, sale or any exploitation of the Sites and their Content are prohibited.
26.Software
All the software integrated into or included on the FLO Network, the FLO Website and FLO Mobile App, including all files and/or images contained in or generated by such software, is protected by copyright and may be protected by other rights as well. Such software belongs to FLO, its affiliates or its licensors.
You may not: (i) use, reproduce, modify, adapt, translate, download or transmit the software, in whole or in part; (ii) sell, lease, rent, license or transfer the software or otherwise allow access thereto; (iii) alter, remove or cover any trademark or notice of ownership included in the software; and/or (iv) decompile, disassemble, decrypt, extract or reverse-engineer the Sites and its components, including, without limitation, the software, or assist anyone to do so.
You acknowledge that you do not hold any right, title, interest or license to or in the software integrated into the Sites or that may be downloaded from the Sites.
27.Trademarks
Certain names, words, titles, phrases, graphics, logos, icons or designs used in relation to the FLO Network, the Sites or the FLO Mobile App may be trademarks belonging to FLO or other service providers, used with the consent of third-party owners (the “Trademarks“). You agree not to remove, edit copy or otherwise alter or use the Trademarks, service marks, logos and other proprietary information.
28.Void Where Prohibited
The Networks are not intended to be used, and may not be used, outside of Canada and the United States. FLO makes no representation or warranty that the Networks or the information provided thereon is lawful in every jurisdiction from which it may be accessed, or that it is available for use in other jurisdictions. If you access or use the Networks from a jurisdiction outside of Canada or the United States, you are responsible for compliance with all applicable local laws.
29.Arbitration and Class Action Waiver
BY AGREEING TO THESE DRIVER TERMS OF USE, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST FLO ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THE ARBITRATION AGREEMENT BELOW. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST FLO, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST FLO BY SOMEONE ELSE.
Agreement to Binding Arbitration Between You & FLO (the “Arbitration Agreement”)
You and FLO agree that any dispute, claim or controversy arising out of or relating to (a) these Driver Terms of Use including the breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the FLO Network or the Roaming Networks at any time, whether before or after the date you agreed to the Driver Terms of Use, will be settled by binding arbitration between you and FLO, and not in a court of law.
You acknowledge and agree that you and FLO are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and FLO otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and FLO each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Arbitration Rules & Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether this Arbitration Agreement is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Driver Terms of Use, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York.
Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of New York or such other applicable jurisdiction and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Location & Procedure
Unless you and FLO otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and FLO submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An arbitrator’s decision shall be final and binding on all parties. An arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. FLO will not seek, and hereby waives all rights FLO may have under applicable law to recover, attorneys’ fees and expenses if FLO prevails in arbitration unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Fees
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages is less than $75,000, FLO will pay all such fees, unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes
Notwithstanding any contrary provision herein, if FLO changes this Arbitration Agreement after the date you first agreed to the Driver Terms of Use, you may reject any such change by providing FLO written notice of such rejection within 30 days of the date such change became effective. This written notice must be provided either (a) by mail addressed to FLO at 75 South Clinton Ave. Suite 510, Rochester, New York, 14604 or (b) by email from the email address associated with your Account to FLO Customer Experience at service@flo.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and FLO in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Driver Terms of Use (or to any subsequent changes to the Terms).
Severability & Survival
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Driver Terms of Use; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
30.General Provisions
By using the Networks from within the United States, to the extent permitted by applicable law, you agree that these Driver Terms of Use are governed by and construed under the laws of the state of New York, without reference to its conflict of laws provisions
If any provision of these Driver Terms of Use, including any documents incorporated therein by reference, is held to be invalid or unenforceable, (i) that provision will be deemed severable to these Driver Terms of Use and shall not affect the validity and enforceability of any remaining provisions which will remain in full force and effect and (ii) a new provision will be deemed substituted in lieu of the provision so severed which new provision will, to the extent possible, accomplish the intent of the parties hereto as evidenced by the provision so severed. The Driver Terms of Use and any documents incorporated therein by reference constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Each party acknowledges that, in entering into these Driver Terms of Use it has not relied on, and (in the absence of fraud) will have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Driver Terms of Use. Nothing in the foregoing sentence shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation. Any waiver of any provision of the Driver Terms of Use will be effective only if in writing and signed by FLO. The failure of a party to assert any right under these Driver Terms of Use shall not be considered a waiver of that party’s right and those rights will remain in full force and effect. You are not allowed to assign these Driver Terms of Use or any rights hereunder. FLO is allowed at its sole discretion to assign these Driver Terms of Use or any rights hereunder to any third party, without giving prior notice to you.
31.Third Party Cellular Transmission Service
Where FLO subscribes to a telecommunication service to assist in providing the Charging Services, the FLO User understands and agrees that the FLO User: (1) has no contractual relationship with the underlying wireless service carrier; (2) is not a third party beneficiary of any agreement between FLO and the underlying carrier; (3) the underlying carrier has no liability of any kind to the FLO User whether for breach of contract, warranty, negligence, strict liability in tort or otherwise; (4) message or data transmissions may be delayed, deleted or not delivered, and 911 calls may not be completed; and (5) the underlying carrier cannot guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of the services.
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