Last Updated: 7/9/2024

www.evergeticcs.comis a business website available at www.evergeticcs.com (the “Website.”) and its affiliates (referred to through these terms as “we”, “us” or “our”) provide access to the Website to you subject to these terms and conditions (the “Terms of Use”).

By using theWebsite, you agree to these Terms of Use. If you do not wish to agree to these terms, please simply refrain from using the Website.

These Terms ofUse also incorporate our Privacy Policy as set forth at length herein.

Changes to Termsof Use. We reserve the right at all times to discontinue or modify any of these terms and/or our Privacy Policy as we deem necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges. We may, but are not necessarily obligated to notify you by posting notice of the change on the Website. Any changes to these Terms of Use will be effective upon our posting of notice of the changes on our Website. We suggest you, therefore, reread this section of our Website from time to time to stay informed of any such changes. Use of the Website by you after such notice shall be deemed to constitute acceptance by you of such modifications.

Conditions toUse the Website. Your permission to use the Website is conditioned upon your agreement that you:

-will comply withthese Terms of Use;
-are at least 18years old, or the age of majority in the jurisdiction where you reside;
-will not copy ordistribute any part of the Website in any manner without our prior written consent;
-will not use theWebsite for any commercial purposes other than the specific commercial activities contained on the Website and will not use it to obtain data or personal information about any other users or to solicit other users or
advertisers;

Links to OtherSites. We may have links to third-party websites that are not owned, controlled or operated by us. We do not assume any responsibility for the content, offers, privacy policies, or practices of any other websites or their owners. We are not endorsing or recommending any other websites, products or services by the simple inclusion of a link to another website. If you choose to access a third-party link it is at your own risk.

Liability forActs of Advertisers. You waive and release us, our officers, directors,
representatives, employees and agents and all of our parent companies, affiliates, related companies and their officers, directors, representatives, employees and agents from, any claims, liabilities, damages, or injury arising from or related to any act or omission of any of the advertisers and/or any goods and/or services provided in connection therewith. Likewise, we make no representations, endorsements, warranties regarding the merchantability, suitability, reputation, professionalism or any other warranties of any kind whatsoever regarding any advertisement on the Website..

Promotions,Sweepstakes and other Contests. We reserve the right to, on occasion, offer special promotions, contests and/or sweepstakes intended to provide you an incentive to use or promote the Website or engage with advertisers or others associated with the Website. The applicable rules will be posted on the Website in or near the description of each such promotion. We reserve the right to interpret the rules related to any such promotion, contest or sweepstakes in our sole discretion, and you hereby agree to our interpretation.

General Maintenance. We may make the website unavailable for periods of time for general maintenance or changes. The length of such unavailability will be kept to a minimum, but we offer no guaranty as to a length of time the website may be unavailable. We are not liable for any issue that may arise from such unavailability.

Termination. We reserve the right to alter or discontinue the Website or any of the services provided herein at any time without prior notice. We also reserve the right to terminate these Terms of Use at our election and for any reason, without prior notice. The agreement between us and you will automatically terminate if, in our sole discretion, you violate any of These Terms of Use set forth below. A termination will result in the immediate cessation of access to the Website. The Disclaimers of Warranty and Limitation of Liability, and Indemnity sections shall survive the termination of the agreement between you and us.

Disclaimers ofWarranty. We provide the Website and therelated goods and services "as is", “where is”, and "as available." We make no express and/or implied warranties or guarantees about the Website, the goods and services described thereon or the Advertisers.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND THE MERCHANTS WHO ADVERTISE WITH US DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES THAT THE WEBSITE AND SERIVCES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY OR FIT FOR A PARTICULAR PURPOSE OR NEED.

WE IN NO WAY GUARANTEE THAT WE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, ACCURATE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE MAKE NO GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE SERVICES; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE SERVICES, INCLUDING THE UNAVAILABILITY OF THE SERVICES, OR CIRCUMSTANCES OVER WHICH THE ORGANIZATION HAS NO CONTROL.

Limitations ofLiability. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO MAY OR MAY NOT ADVERTISE HERE, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE IN ANY WAY. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DAMAGE TO ANY OTHER EQUIPMENT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE DISPUTES OR CLAIMS WITH US IS TO CEASE USE OF THE WEBSITE. NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnity. Youagree to defend, indemnify and hold harmless us, our officers, directors, representatives, employees and agents and all of our parent companies, affiliates, related companies and their officers, directors, representatives, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your violation of any term of these Terms of Use; or (ii) your violation of any third party right, including without limitation any copyright, property, privacy right, or any and all intangible or intellectual property rights;

Intellectual Property.

We, or people orentities from whom we obtained a license, retain ownership of all intellectual property rights of any kind associated with the Website, including all
applicable trademarks, copyrights and other proprietary rights such as trade
secrets. Through the use of this Website pursuant to these Terms of Use, you
have a limited right to use the Website, but in no way are we granting any license to you under any of those intellectual property rights. We reserve all rights that are not expressly granted to you in these Terms of Use. You may print limited numbers of one or more pages from the Website for your personal use.

We retain, to the maximum extent possible, all ownership, without limitation, of all the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks") unless they are marks used by Merchants who have provided them to us for use on this website. The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under the law of the United States of America, the law of the jurisdiction where you reside, and international conventions. All content on the Website provided by us is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Website.

Entire Agreement. These Terms of Use, including the Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter hereof. No
waiver by either party of any breach or default hereunder is a waiver of any
preceding or subsequent breach or default.

Choice of Law: To the maximum extent authorized by law, the laws of the State of Michigan govern the interpretation of these Terms of Use and any disputes arising in connection with it, regardless of conflict of laws principles.

Dispute Resolution. Any claim or dispute between you and us, our officers, directors, agents, parent companies and vendors that arises out of or relates to this Agreement or use of the Website shall be submitted to mediation. Mediation shall be conducted in Ingham County, Michigan. If, after a good faith effort to resolve the dispute in mediation, no resolution has been reached, then the dispute shall be decided exclusively by a court of competent jurisdiction located in Ingham County, Michigan.

Headings. The section headings used herein are for convenience only and shall be of no legal force or effect.

Severability. Ifany provision of these Terms of Use is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of these Terms of Use shall continue in full force and effect.

Third Party Beneficiaries. There are no third-party beneficiaries of these Terms of Use.

You may not assign these Terms of Use or your rights and obligations hereunder,
in whole or in part, to any third party without our prior written consent, and
any attempt by you to do so will be invalid. No one shall be deemed a third-party beneficiary to these Terms of Use.

GENERAL SALES

EVergetics, LLC is a reseller of Electric Vehicle Chargingequipment. All products sold and/or shippedby EVergetics, LLC are in believed to be in factory new condition from the manufacturer and meet local, state and federal safety requirements and codes for high-voltage electrical equipment.

All new items are shipped in the original manufacturer's packagingwith accessories and applicable warranty. EV Charging machine sales are final. EV Charging machines requiring warranty work must be coordinated with the manufacturer under the terms of the manufacturer’s warranty. Accessories and special order items not normally sold by EVergetics LLC and will not be covered under warranty by EVergetics, LLC even if these products are part of an integrated EV Charging package, unless we have guaranteed the entire package in writing. Please contact the original manufacturer for warranty information on all accessories and special order items.

CHANGING, MODIFYING, SUBSTITUTING ORDERS

We like to serve customers best as possible and weunderstand that mistakes can happen. If you have placed an existing order and
want to change it we can help you with that depending on the timing of your request.

ORDER FULLFILMENT

All orders are shipped promptly from a manufacturer / distributorwarehouse as soon as possible by the manufacturer.

CONDITIONS OF USE

Use of the EVergetics, LLC website constitutes your agreementto our terms & conditions. We encourage you to review the following
information carefully.

AFFIDAVIT OF CUSTOMER

INDEMNIFICATION AND AGREEMENT TO DEFEND

I fully agree that if any of my representations when makingpurchases under the Terms of Sale are incorrect or if I fail to comply with the
Terms & Conditions, I will indemnify, defend, save harmless, and release EVergetics, LLC and its owners, agents, officers, and employees against any civil liability or criminal prosecution resulting from my purchase from EVergetics, LLC.

I fully agree that by placing my order, I release EVergetics,LLC from any and all liability arising from or related to the products I purchased from EVergetics, LLC, including (but not limited to) my or anyone else use of the product, my or anyone else’s storage of the product, and my or anyone else’s handling or transportation of the product, and I agree to
indemnify, defend, save harmless, and release EVergetics, LLC and its owners, agents, officers, and employees against any civil liability or criminal prosecution resulting from the products I purchased from EVergetics, LLC.

CLASS ACTION WAIVER

You expressly agree that any dispute resolution proceedings,including but not limited to, litigation, arbitration, and mediation, will be conducted only on an individual basis and not in a class, consolidated, or representative action. By making this express agreement, you acknowledge and affirm that this is a knowing, voluntary, and permanent waiver of any right to
bring federal, state, or local claims as any part of, or on behalf of, any
class or any other individuals, before a court or other tribunal against EVergetics, LLC.

TRADEMARKS

EVergetics, LLC and other marks indicated on our site aretrademarks owned exclusively by EVergetics, LLC. The use of these trademarks
and trade dress is prohibited unless express written permission has been given by EVergetics, LLC.

COPYRIGHT

All content on this website is the exclusive property of EVergetics,LLC unless otherwise noted. Said contentincludes text, graphics, logos, icons, images, audio and video clips, digital downloads, software and intellectual property. Our content is protected by United States and international copyright laws and we reserve all rights contained therein. In case of dispute or infringement, we will rigorously defend our rights to this material.

PROTECTING YOUR ACCOUNT

Some portions of this website permit creation of a memberaccount where username and passwords are used. You are responsible for protecting your unique username and password and you agree to be responsible for all activities performed under your user account.

PRIVACY STATEMENT

WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from us, as part of the buyingand selling process, we collect the personal information you give us such as your name, address and email address or other information. When you visit our website, we may alsoautomatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us gather information used for marketing purposes. We may conduct Email marketing(if applicable): With your permission, we may send you emails about our business, products and other updates.

CONSENT

How do you get my consent? When you provide us with personal information to complete a transaction, verify your credit card, place an order, or arrange for a delivery, we understand that that you have consented to our collecting it and using it for that specific reason only. If we ask for your personal information for asecondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent? If after you opt-in, youchange your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by
contacting us at:

info@evrgetic.com

DISCLOSURE

Notice is hereby given that we may disclose your personalinformation if we are required by law to do so or if you violate our Terms & Conditions.

LICENSE AND SITE ACCESS

EVergetics, LLC grants you (the user) a limited license toaccess and make personal use of this website. This license does not include the right to download any material (other than routine page caching or items specifically meant for your to download), modify any material, or any portion thereof, without the express written consent of EVergetics, LLC. This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of EVergetics, LLC. You are prohibited from using meta tags or any other hidden text utilizing EVergetics, LLC name or trademarks without our express written consent. Any unauthorized use of this websites voids the limited license granted.

CONTENT SUBMITTED BY SITE USERS

If you do post content to this site or otherwise submitmaterial (including, but not limited to, photographs and testimonials), you grant EVergetics, LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. By your submission you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that
you will indemnify EVergetics, LLC or its affiliates for all claims resulting
from content you supply. EVergetics, LLC reserves the right to remove any
content at our sole discretion.

LIMITATION OF LIABILITY

This site is provided by EVergetics, LLC on an "asis" and "as available" basis. EVergetics, LLC makes no warranties, either expressed or implied, as to the operation of the site or the content contained therein. You expressly agree that your use of [www.evergeticcs.com] is at your own risk. EVergetics, LLC cannot warrant that this site, its servers, or any email communications affiliated with the use of this website, are free from viruses or other malware. EVergetics, LLC will not be responsible
for any damages of any kind resulting from use of this website, including but not limited to direct, indirect, incidental, punitive, and consequential
damages.

APPLICABLE LAW

By visiting EVergetics, LLC, you agree that the laws of the Stateof Michigan, without regard to principles of conflict of laws, will govern
these Conditions of Use and any dispute of any sort that might arise between you and EVergetics, LLC.

CHANGES IN POLICY

EVergetics, LLC reserves the right to modify, alter, deleteand update these policies at any time we see fit. Such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these conditions.

EVergetics, LLC is a licensed business that complies withall applicable State and Federal laws. All products and persons associated with
EVergetics, LLC comply with State and Federal restrictions.

Contact: We are a virtual / remote & onsite services provider. You may contact us via eMail at info @ evrgetic.com if you have questions about these Terms and Conditions of our website.

Blink DC Fast Charging Station

Powering the future of Electric Vehicles

Providing innovative and reliable charging solutions for EVs

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