Last Update: February 14, 2024
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Hold Harmless Agreement
ChargeBay Holds Harmless Agreement
This Hold Harmless Agreement ("Agreement") is entered into by and between ChargeBay LLC., a company registered in the United States, hereinafter referred to as "ChargeBay," and the user or host of the ChargeBay platform, hereinafter referred to as the "Participant."
Assumption of Risk
The Host and Participant understand and acknowledge that the use of ChargeBay services involves inherent risks, including but not limited to property damage, injury, or loss. By participating in ChargeBay, both Hosts and Participants voluntarily assume all risks associated with the use of the platform and any chargers provided by Hosts. ChargeBay shall not be held responsible for any such risks or consequences arising from the use of its services or facilities provided by Hosts.
Release and Waiver of Claims
The Participant hereby releases and waives any and all claims, demands, actions, or causes of action against ChargeBay, its officers, employees, agents, and affiliates, arising out of or in connection with the use of ChargeBay services.
Indemnification
The Participant agrees to indemnify and hold ChargeBay, its officers, employees, agents, and affiliates, harmless from and against any claims, liabilities, damages, losses, or expenses arising out of or in connection with the Participant's use of ChargeBay.
No Warranty
ChargeBay makes no warranties, express or implied, regarding the availability, reliability, or quality of services provided by hosts. ChargeBay does not guarantee the accuracy, completeness, or reliability of information provided by users or hosts.
Governing Law
This Agreement is governed by and construed in accordance with the laws of the United States. Any disputes arising under or in connection with this Agreement shall be resolved by the courts of the United States.
Acknowledgment
The Participant acknowledges that they have read and understood this Agreement and voluntarily agree to be bound by its terms. The Participant acknowledges that this Agreement is a legally binding document and that they have had the opportunity to seek legal advice before accepting its terms.
Changes to the Agreement
ChargeBay reserves the right to modify this Hold Harmless Agreement at any time. Changes will be effective upon posting on the ChargeBay platform.
By using ChargeBay, the Participant acknowledges that they have read, understood, and voluntarily agreed to be bound by this Hold Harmless Agreement. You agree to indemnify and hold ChargeBay’s and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with:
(i) your use of the Services or services or goods obtained through your use of the Services;
(ii) your breach or violation of any of these Terms;
(iii) ChargeBay’s use of your User Content; or
(iv) your violation of the rights of any third party, including Third Party Providers.