Updated January 2024
This Agreement, including these Terms and Conditions, and the Schedules (collectively, and as amended, modified or supplemented from time to time, this “Agreement”), sets forth the terms and conditions of a contract between Motor EV, Inc. and you for participation in the Program (defined below). By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below.
TO PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE WITH YOU TO ANY MODIFICATION TO, OR WAIVER OF, ANY PROVISION OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
IMPORTANT ARBITRATION NOTICE: Please be advised that this Agreement contains an arbitration provision that governs how disputes between you and Motor (defined below) are to be resolved (see Section 10 (Binding Arbitration) below). Except for certain limited types of disputes mentioned in that arbitration provision, you and Motor agree that disputes between you and Motor will be resolved by mandatory binding arbitration, and that you waive any right to participate in a class-action lawsuit or class-wide arbitration. You have an opportunity to opt out of the arbitration provisions by providing notice to Motor via email as described in (and within the time limitations set forth in) Section 10 (Binding Arbitration) below.
If you have any questions regarding this Agreement, please contact Motor via email at firstname.lastname@example.org or by telephone at +1-833-MOTOR-EV (+1-833-668-6738).
In this Agreement, the following definitions apply:
“AAA” has the meaning set forth in Section 12.
“Account” means a Customer’s account with us in respect of the Program.
“Agreement” has the meaning set forth in the preamble above, and include any such materials whether made available in print or electronically.
“Charger” has the meaning set forth in Section 4.
“Customer” means any person who applies for the Program, satisfies the eligibility criteria in Section 2 of this Agreement and is selected and accepted by Motor, in its sole discretion, upon satisfaction of the eligibility requirements set forth in this Agreement and any other criteria Motor chooses to use.
“Customer Data” means any and all information that a Customer may disclose to Motor through the use of the Website or otherwise in connection with the Program and the Services, including any information provided any information provided by a Customer to Motor by email, over the telephone, or by other means.
“Entity Member” has the meaning set forth in Section 10.
“Membership” means your participation as a Customer, as approved by Motor, pursuant to the terms of this Agreement and for the duration of the Membership Period.
“Membership Fee” has the meaning set forth in Section 5.
“Membership Period” means the period of time beginning with your acceptance into the Program and continuing for the period of time during which you maintain an active membership in the Program.
“Motor” (or “we”, “our” or “us”) means Motor EV, Inc. or any of our subsidiaries.
“Motor Channel Partner” means an entity with whom Motor has partnered in order to provide the Programs to Customers.
“Motor Utility Partner” means a utility with whom Motor has partnered in order to gain access for Customers to managed charging and other services provided by the utility.
“Program” means the Motor Concierge Service, which may be branded as EV Navigator or EV Boost, or designated by another name in Motor marketing materials, and which enables Customers to have continuous access to the services therein in accordance with the terms and conditions of this Agreement. The Motor Concierge Service is further defined in Section 3.
“Promotion” means any promotional materials listed by Motor for use of members.
“Services” means any and all services provided or offered by Motor or any of its affiliates to you in connection with the Program, Including the Motor Concierge Service.
“Website” means the website (and any replacement thereof) maintained by Motor in connection with the Program and the Services, which is currently www.trymotor.com.
“You” means the person who signs (or otherwise accepts) this Agreement and who is responsible for all fees, charges and other costs associated with participation in the Program under this Agreement.
Individuals who are customers of a Motor Utility Partner or a Motor Channel Partner, and who have paid the Membership Fee as required, are eligible to participate in the Program. Membership is limited to one primary Customer contact per household, though a Customer may transfer Membership to a different primary contact in their household.
Motor may, at its sole discretion, elect to offer Membership to individuals who do not meet the above criteria. In the case that an application for Membership is rejected, Motor will refund to Customer any Membership fees already paid. Your Membership may be terminated by us at any time based on our sole discretion for any reason.
3. Motor Services
While Motor reserves the right to modify its Services from time to time and at its sole discretion, the Program generally consists of the following Services(or substantially similar services):
- A remote, individual session with an EV advisor, covering topics such as information on vehicle features, charging, and incentives.
- Educational content, including an individualized charging plan.
- Coordination of at-home Level 2 EV charger installations.
- Access to a 24/7 EV helpline provided through a text-based service.
- Assistance procuring EV related incentives and savings, including enrollment in utility programs.
- On demand road trip planning.
Motor may contract third parties to provide the Services at its discretion, including for charger installation.
4. Customer Responsibilities
Your Decisions: While Motor may offer Customers information and opinions pertaining to topics such as incentive and rebate eligibility; charger installation and troubleshooting; features of various electric vehicles for purchase consideration; and vehicle maintenance practices, Customer is ultimately responsible for reviewing all forms and documents provided by Motor and making their own decisions related to the above topics.
Motor is not, and does not represent to be, a licensed electrician, tax expert, mechanic, utility representative, or automotive dealer.
Additionally, where applicable, Customers are responsible for contracting with third parties to complete tasks required for obtaining third party services, such as for example, utility program enrollment.
Your Account: You are solely responsible for your Account, including all associated charges and fees, even if incurred by others with or without your permission or knowledge, to the extent these charges occur before you notify us of such unauthorized access. Your Account privileges are solely available to you and cannot be lent, shared, transferred, or sold to any third party except as described in the Eligibility section.
Your Means of Communication: You agree to provide to and maintain with us a means of communicating with you including either your current email address or your current mobile phone number. You are required to notify us promptly if you ever allow another person to access your Account, you suspect that any unauthorized party may be using your Account, or you suspect any breach of security of your Account, or your contact information (including your email address and mobile phone number) changes.
Motor is not responsible for any fees assessed by the Customer’s cellular (or non-cellular) telephone provider for receipt of text messages or calls.
You are not required to agree to receive promotional or marketing call, text messages or emails in order to use the Program or Services. You may opt out of promotional or marketing messages at any time by emailing, calling, or texting Motor with your request.
Your Customer Data: You represent and warrant that your Customer Data is complete and accurate to the best of your knowledge. Motor accepts no liability for the consequences of any incomplete, incorrect, or false information provided by you.
You expressly consent and agree to Motor using your Customer Data, including your telephone number, and providing it to our affiliates and our services team to allow us to provide and facilitate the Program, including to verify the accuracy of any personal information you submit to us and to help prevent fraud. You expressly consent and agree that we may email you or place calls and send text messages to any cellular (or non-cellular) telephone number provided to Motor by you or anyone purporting to act on your behalf, including through the use of an automatic emailing, texting and/or telephone dialing system and calls utilizing artificial and pre-recorded voices and/or messages, for any purpose related in any way to your Membership, including, without limitation: for any billing or accounting matters; for Customer service inquiries or responses thereto; and/or for promotional or marketing communications.
Your Premises: You agree that, should you elect to have a Charger installed at your premises, you will be solely responsible for preparing your including by selecting an appropriate location where such charger is to be installed (which shall be in a location that is reasonably accessible for such installation) and cooperating with Motor and its agents and any third party service providers in locating appropriate electrical circuits. You also agree that you will be solely responsible for applying for and obtaining any applicable permits from any local or other governmental authority required for the installation and use of the Charger, and for paying all application and other fees relating to such permits.
In exchange for access to the Services, you agree to pay the Membership Fees during the Term of this Agreement. In cases where the Membership Fee has been paid by a third party, such as a Motor Channel Partner, on your behalf, you agree to pay for additionally incurred expenses such as renewal fees or charger installation fees.
The Membership Fee includes all applicable taxes and is non-refundable. You are required to pay all fees and costs incurred when due, including, without limitation, (a) Membership Fees (which are automatically charged when due, (b) sales and other taxes, levies, surcharges, and fees; () all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; and (d) other costs and fees as provided in the Schedules or agreed upon for the provision of additional Services such as charger installation.
You will be billed for all amounts due via a credit or debit card or any other means that we agree to. You agree to ensure that your payment card information is always up to date and has sufficient limits available to pay any amount you owe to us. If your Account is past due or if your credit or debit card provider rejects any payment that is owed to us, then your participation in the Program may be terminated by us. If there are ongoing issues with credit or debit card billings, then your participation in the Program may be terminated immediately in our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your payment card provider or bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities.
Charge Authorizations: You authorize us to charge your credit or debit card or bank account all fees and amounts payable in respect of your Membership and/or usage of any Services.
Fees and Rates Schedule: The Membership Fee and other applicable rates, fees and charges can be found on our Website (located here –https://trymotor.com). All such rates, fees and charges are subject to change at any time, and we encourage you to check the Mobile App and/or our Website for current information about our rates, fees and charges.
Promotions: These are the terms and conditions which apply to any promotion which Motor or promotional partners may run, whether on our or their websites, social media platforms, or through email correspondences.
By entering and using a Promotion you agree to these terms and conditions along with any other Specific Rules which relate to a Promotion. Each Promotion will be open to individuals who have received the Promotional details unless the Specific Rules or other promotional materials or announcements specify otherwise. To receive the Promotion, follow the entry process for the relevant Promotion, which will usually be explained in the Specific Rules and/or promotional materials or announcements. You may only use a maximum of one Promotion at any given time. Promotions are not valid with any other offer or cannot be combined with any other offer.
6. Limitations of liability
Motor does not guarantee a particular result, or outcome, from your utilization of any of the Services. You understand that no promises have been made by Motor as to what result can, or will, be achieved by the use of any of the Services. Motor’s observations about the outcome of your use of the Services are expressions of opinion only. Motor specifically disclaims any warranty, either express or implied, including the implied warranties of merchantability and fitness for a particular purpose.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE FULLEST EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss or damage incurred by you as a result of any claims made by a third party or (2) any loss or damage incurred by you arising from or in relation to either (A) the non-availability, supply, operation or use of one of our services or third-party services or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
7. Term and termination
This Agreement shall commence upon your payment of any applicable fees or, in the case where a third party such as a Motor Channel Partner has paid your Membership fees, on the day you accept this Agreement.
The initial Membership term is for a period of 3 months and may be extended by paying the applicable renewal fees (the “Term”). Unless You actively renew your Membership, it will expire after the initial term.
You may terminate your Membership by calling us at +1-317-516-0145 or by contacting us via email at email@example.com. Please note that we do not prorate unused days remaining in your Membership Period.
In addition to the termination provisions set forth in the next paragraph, we may terminate your Membership at any time and for any reason or for no reason, in which event we will, if applicable, refund a prorated portion of your Membership Fee for the portion of the 30-day period in your Membership Period in which termination occurs. For the avoidance of doubt, no refund will be provided in connection with a termination that occurs for any reason described in the following paragraph.
We may also, upon notice to you, immediately terminate your Membership (and no periodic Membership Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum when due under this Agreement;
(b) You engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive or otherwise unacceptable;
Upon any termination of your Membership, all of your rights to access any Services and to participate in the Program (and all of our obligations to you in connection therewith) shall immediately terminate.
Notwithstanding any termination or cancellation of your Membership, (i) you shall remain responsible for any and all fees, costs and expenses incurred pursuant to this Agreement (including under Section 5 hereof) and for all of your other liabilities and obligations set forth in this Agreement and (ii) all of Motors’ rights under this Agreement (and remedies therefor) shall continue in full force and effect. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
9. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible on our Website (as well as our Mobile App), when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any amendment hereto.
10. Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND MOTOR TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Applicability of Agreement to Arbitrate: You and Motor agree that any claim or dispute (whether contract, tort, or otherwise) between you and Motor arising out of or related to your current or previous Membership, this Agreement or any use of the Vehicles or the Program that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis. This agreement to arbitrate applies to all such claims and disputes, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek, including claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; claims made regarding past, present, or future conduct; and claims made independently or with other claims. This also includes claims made by or against anyone connected with us or you or claiming through us or you, or by someone making a claim through us or you, such as an agent, representative, third party vendor or an affiliated/parent/subsidiary company.
Arbitration Rules: The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in this Section 12. Arbitration will be initiated through the American Arbitration Association (“AAA”) and governed by the AAA Consumer Arbitration Rules, available online at https://www.adr.org or available by calling 1-800-778-7879. You may initiate a claim against us in arbitration by complying with Rule 2 of the AAA Consumer Arbitration Rules available at https://www.adr.org. If the AAA is unavailable to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of the arbitration, except to the extent such rules conflict with this Agreement. Arbitration will be conducted by a single neutral arbitrator. When the total amount sought for a claim or dispute is less than $10,000, this may be resolved, at the option of the party seeking relief, through binding non-appearance-based arbitration. When the total amount sought for a claim or dispute is $10,000 or more, the right to a hearing will be determined by the arbitral forum’s rules. Judgments on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Additional Rules for Non-appearance Arbitration: If non-appearance arbitration is elected and is applicable, the arbitration may be conducted by phone, online, through written submissions or any combination thereof, with such manner to be chosen by the party initiating the arbitration. Unless the parties mutually agree otherwise, the arbitration will not involve any personal appearance by the parties or witnesses.
Location of the Arbitration: If you are an individual person, the arbitration will proceed at a location selected by the arbitrator in the county of your primary residence, unless you and Motor agree otherwise. If you are not an individual person (for example, if you are a corporation or other entity) (an “Entity Member”), the arbitration will proceed at a location selected by the arbitrator, unless you and Motor agree otherwise.
Fees and Costs: If (1) you are an individual person (and not an Entity Member) and (2) you reasonably demonstrate to us that the costs of arbitration will be prohibitive as compared to the costs of litigation, Motor will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive to you as compared to the costs of litigation. Motor also reserves the right to assume, in its sole and absolute discretion, all of the costs of the arbitration. However, Motor will not pay your share of the arbitration fees if the arbitrator finds that your claims or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Rule 11(b) of the Federal Rules of Civil Procedure.
Authority of the Arbitrator: Subject to this Agreement, the arbitrator will resolve any dispute, if any, between you and Motor. No claim or dispute between you and Motor may be consolidated with any other matters or joined with other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available under law, the arbitral forum’s rules, and this Agreement. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator shall be final and binding upon you and Motor.
Waiver of Jury Trial: YOU AND MOTOR WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Motor are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited and more efficient than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Motor over whether to vacate or enforce an arbitration award, YOU AND MOTOR WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE MEMBER OR USER OF ANY VEHICLE OR SERVICES CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER MEMBER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 13 (Miscellaneous).
Right to Waive: Any rights and limitations set forth in this Section 12 may be waived by the party against whom the claim is asserted, but no such waiver shall be valid unless set forth in a written instrument signed by or on behalf of the party against whom the claim is asserted. No such waiver will waive or affect any other portion of this Agreement except to the extent expressly set forth in such written and signed instrument.
Opt-out: You may opt out of the arbitration provisions discussed in this Section 12 by providing notice to Motor by email to our support department (see Section 13 relating to notices provided to Motor). Your email notice (1) must explicitly state that you would like to reject this arbitration provision and (2) must include your name, address (including street address, city, state and zip code) and the email address associated with your Account. To be effective, your e-mail notice must be sent within thirty (30) days after you are first notified (via email or otherwise) by Motor that Motor has accepted your application to the Program. If you reject this arbitration provision, neither you nor Motor can force the other to arbitrate. You agree that unless any amendment or modification to this Agreement directly modifies the arbitration provisions in this Agreement, any amendment or modification hereto shall not create an opportunity to opt out of the arbitration provisions in this Agreement.
Small Claims Court: Notwithstanding anything else in this Agreement to the contrary, either you or Motor may bring an individual action in any small claims court, so long as the matter is within the scope of such small claims court’s authority.
Agreement to Arbitrate Survival: The arbitration provisions in this Section 12 will survive the termination of your Membership or any other relationship with Motor.
You are prohibited from, and agree not to, attempt to copy, manipulate, destroy, modify, circumvent or reverse engineer the Website (including the security features thereof) in any way, for any purpose, including to gain access to a Vehicle. Any violation of this provision shall result in cancellation of a Membership and termination of any then-current Membership Period. Without limiting the generality of the foregoing, you are strictly prohibited from (i) decompiling or reverse engineering the Program, the Website, and/or the Mobile App, or taking any other action to discover the source code or underlying ideas or algorithm of any components thereof, (ii) copying the Website and/or the Mobile App, (iii) posting, publishing or creating derivative works based on the Website and/or the Mobile App, (iv) removing any copyright notice, trade or service marks, brand names and the like from the Website and/or the Mobile App or any related documentation or packaging, or (v) using any robot, spider, scraper, or other automated means to access the Website and/or the Mobile App for any purpose without our express written permission, or bypassing our robot exclusion headers that we may use to prevent or restrict access to the Mobile App and/or the Website.
Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
Nothing contained herein shall be construed as granting, vesting, creating or conferring any right of action upon any person or entity, other than the parties hereto.
No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. Any waiver by us of any covenant, condition, or agreement to be performed by you shall not be deemed to be a waiver of any prior or subsequent breach of the same, or of any other covenant, condition, or agreement hereunder. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
If any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Agreement had been executed with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
This Agreement is governed by the laws in force in the State of New York and shall be interpreted according to the internal laws of the State of New York without reference to its conflicts of laws or choice of law rules. If you have properly opted out of Binding Arbitration in accordance with the provisions of Section 12 (Binding Arbitration), (1) all disputes hereunder shall be resolved solely in the applicable state or federal courts in the State of New York and (2) the parties hereby consent to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.
Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to firstname.lastname@example.org or mailed to us at the following address:
Motor EV, Inc.
4300 Wilson Boulevard, Suite 900,
Arlington, VA 22203
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.