Terms of Use
Effective: March 5, 2026
1. Introduction
These Terms of Use (“Terms”) constitute a legally binding agreement between you Mercedes-Benz HPC North America LLC (“Mercedes-Benz HPC“, “MBHPC“, “we“, “our“, or “us“) and set forth MBHPC’s obligations to you, and your obligations to MBHPC in relation to you interacting with us, including, but not limited to, your use of MBHPC charging stations and equipment, your access and use of MBHPC’s website (“Site“) and all materials located at such Site, and your use of services provided by MBHPC, such as SMS Text Messaging (defined below) (collectively, the “Services“). These Term and our Privacy Statement make up the entire agreement between you and MBHPC related to your use of the Services.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE CAREFULLY REVIEW SECTION 10 OF THESE TERMS FOR MORE INFORMATION. THESE TERMS LIMIT MBHPC’S LIABILITY AND THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
By accessing and using the Services, you affirm that you are at least 18 years old or have parental or guardian permission to use the Services and that you are fully competent to enter into this agreement with MBHPC. You agree to comply with all applicable laws and regulations when accessing or using the Services, and you may only access or use the Services for lawful purposes. You further agree that you will not use the Services for any unlawful or fraudulent purpose or in any manner inconsistent with these Terms. You further warrant that you will not violate or attempt to violate the security of the Services, including without limitation: (i) accessing data not intended for you or logging onto a server that you are not authorized to access; (ii) trying to change the appearance, features, or functionality of the Services; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with or interrupt in any way service to any user, host, network, or system including, without limitation, infecting, overloading, “flooding,” “spamming,” “mailbombing,” “crashing” or otherwise attacking the Services or (vi) sending communications on behalf of the Services (i.e., impersonating MBHPC). You may not use the Services (i) in any way that could cause harm, nuisance, annoyance, inconvenience, damage or adversely affect any person or MBHPC’s reputation or property, or (ii) in any way prohibited by these Terms, any supplemental terms or other MBHPC policies. Additionally, you may not attempt to repair, physically modify, reverse engineer or derive source code from any MBHPC Charging Station.
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, then do not use the Services.
2. Personal Information
MBHPC’s collection and use of personal information in connection with the Services is defined and described in MHBPC’s privacy policy located at https://mercedesbenzhpc.com/privacy-statement/, which may be amended from time to time (“Privacy Statement”). Our Privacy Statement is incorporated into and forms part of these Terms.
3. Charging Services
Host Property Restrictions
MBHPC charging stations may be located and hosted on a third party’s property (such third party is referred to as a “Site Host”). As such, you agree to observe and obey any and all rules set by Site Hosts pertaining to their property and the use of MBHPC charging stations on such Site Host properties, including, but not limited to, general customer or visitor conduct, parking restrictions, parking time limitations, and hours of operation. You are solely responsible for any damage, fees, penalties or loss caused by your noncompliance of any Site Host rules.
Support
In the event of any equipment malfunction or other technical issue with an MBHPC charging station, please call 1-833-622-4743 or the contact number located on the MBHPC charging station. To ensure the quality of the Services, you consent to MBHPC and our third party partners and vendors monitoring and recording calls between you and MBHPC.
IN THE EVENT OF AN EMERGENCY OR ANY SITUATION THREATENING SERIOUS INJURY TO PROPERTY OR HUMAN LIFE, IMMEDIATELY DIAL 9-1-1 AND FOLLOW THE INSTRUCTIONS YOU ARE GIVEN.
Authorized Charging Adapters
For your safety, MBHPC only permits the use of automaker-manufactured charging adapters that (a) have been approved by such manufacturer for specific use on that vehicle make/model and (b) are UL2252 certified (together “Authorized Adapters”), on MBHPC’s network and charging stations.
MBHPC prohibits the use of all other adapters, including break-away adapters and DC extension cords (“Unauthorized Equipment”) on MBHPC’s network and charging stations.
You also agree to accept all liability for any and all loss, harm, or damage experienced by you or any other party caused by your use of Unauthorized Equipment on MBHPC’s network or charging stations. If your use of Unauthorized Equipment damages MBHPC’s property or equipment and/or that of third parties (including, but not limited to, Site Hosts) you may be liable to MBPHC and such third parties.
Unauthorized Vehicles and Chargers
MBHPC only allows you to use standard, industry-manufactured and recognized electric vehicles with MBHPC’s network and charging stations, and/or in connection with the Services and these Terms. MBHPC prohibits the use of all home-built electric vehicles, home-built onboard chargers, and personally modified electric vehicles or chargers (“Unauthorized Vehicles and Chargers”). You agree to accept all liability for any and all loss, harm, or damage experienced by you or any other party caused by your use of Unauthorized Vehicles and Chargers in connection with MBHPC’s network, charging stations, or with the Terms and Services identified herein.
Payments
By initiating a charging session, you agree to pay the applicable rates for energy consumed, as displayed on the charging station or otherwise communicated to you at the start of each session. Pricing may include per-kilowatt-hour, per-minute, or idle fees, session fees along with applicable taxes and fixed session charges.
All charging sessions must be paid for at the time of service via an accepted payment method, which may include, major credit and debit cards, contactless payment (NFC) solutions, mobile payment applications (such as Apple Pay or Google Pay), third-party e-wallets, dedicated payment apps, RFID cards, or other methods authorized by MBHPC. The availability of specific methods and required credentials may vary. MBHPC reserves the right to modify, restrict, or suspend payment options at any time.
You agree and acknowledge that an authorization hold may be placed on your payment method before charging begins, reserving a predetermined amount to ensure sufficient funds are available. The pre-authorization amount may exceed anticipated charges, but is not a final charge and will be adjusted to match the actual charging session cost at the end of service. The difference, if any, will be released. The timing for release of any remaining funds is subject to the card issuer’s policies. You agree that MBHPC is not liable for any delays, overdraft fees, or related consequences stemming from such holds.
4. Site
Subject to the terms and conditions set forth in this Agreement, MBHPC grants you a non-exclusive, revocable, non-transferable, limited right to access, use, and display this Site. You are authorized to view and utilize the Site only for your personal, non-commercial use. The information contained on this Site is provided solely for general informational purposes. The accuracy of this information cannot be guaranteed, particularly since this information is subject to change. You must retain, on all copies or displays of the Site, all copyright and other proprietary notices contained on the Site. You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site provided the link does not portray MBHPC, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any trademark or other copyrighted material as part of the link without MBHPC’s express written permission. You may not frame or utilize framing techniques to enclose any trademarks or other copyrighted material without MBHPC’s express written consent. You may not use any meta tags or any other hidden text utilizing the trademarks and other copyrighted material without MBHPC’s express written permission. You agree to abide by any other term or condition contained on or added to the Site, as may be supplemented from time to time.
As a term and condition of use of this Site, you agree that you will not use this Site to: (i) misappropriate the intellectual property rights of MBHPC or its affiliates; (ii) attempt to deface, modify or manipulate this Site or employ any tactic to defeat or evade any security feature employed on the Site; (iii) misappropriate the identity of, or obtain any personal information about any other user of the Site; or any customer, vendor, dealer, or employee of MBHPC; and (iv) modify, erase or damage any information contained on the Site or any computer hardware or information storage device owned or used by MBHPC. As an additional term and condition of use of the Site, you agree to not use any process, research method or tactic to recreate or replicate the features, functions, or design of the Site through reverse engineering.
Use of the Site requires a computer, mobile phone, tablet, or other smart device with a compatible browser and internet access. The information and materials on the Site are intended for use in the United States. MBHPC makes no representations with respect to the usability of the Site anywhere else. The Site may contain references to products and services that are not available or are prohibited in your country. If you access the Site from outside the United States, you are responsible for complying with applicable laws.
Third-Party Links
The Site may contain links to other websites, including other Mercedes-Benz websites, partner websites, social media websites, event websites, and other third parties and companies whose trademarks may appear on the Site. We are not responsible for the information collection practices or the content of the websites to which we link. You should be aware that, unless otherwise indicated, these Terms do not govern third-party websites you visit, including those that may be hyperlinked for convenience. We encourage you to review the applicable terms and policies of any third-party website.
5. SMS Text Messaging
You may opt-in to receive updates about MBHPC’s products and services, including, but not limited to, related to new services, discounts, and other offers, via text message (“SMS Text Messaging”). By opting-in to SMS Text Messaging, you consent to receive recurring texts from us and on behalf of us at the mobile number you provided. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information, while promotional messages may include promotions, specials, and other marketing offers.
If your mobile number is registered on any state or federal Do Not Call list, but you then opt-in to SMS Text Messaging, then you are agreeing to receive text messages and supersede your prior decision to be placed on the Do Not Call list. Message frequency may vary per account and based on preference. Reply HELP to help and STOP to cancel. You will receive one (1) additional message after you have text STOP to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from MBHPC. If you have subscribed to more than one (1) MBHPC mobile message program and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from each program. You can opt-in again at any time.
If you are experiencing issues with SMS Text Messaging, you can reply HELP for more assistance, or you can get help by emailing support-hpc@mercedes-benz.com.
Carriers are not liable for delayed or undelivered messages
You are responsible for any and all charges, including, but not limited to, fees associated with text messaging and data rates imposed by your mobile service provider. Separate and additional terms and conditions provided by your mobile carrier may apply, and MBHPC is not responsible for any damages resulting from your failure to comply with such terms and conditions. MBHPC may modify or cancel SMS Text Messaging or any of its features at any time
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with MBHPC. Your participation in SMS Text Messaging is completely voluntary.
MBHPC may change any short code or telephone number MBHPC uses to operate SMS Text Messaging at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number MBHPC has changed may not be received and MBHPC will not be responsible for honoring requests made in such messages.
The wireless carriers supported by SMS Text Messaging are not liable for delayed or undelivered messages. You agree to provide MBHPC with a valid mobile number. If you get a new mobile number, you will need to sign up for SMS Text Messaging with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through SMS Text Messaging, any errors in such information, and/or any action you may or may not take in reliance on the information or SMS Text Messaging.
If you have any questions about your text or data plan, it is best to contact your wireless carrier. If you have any questions regarding privacy, please read MBHPC’s Privacy Statement.
6. Disclaimer of Warranties
MBHPC MAKES NO WARRANTY OR REPRESENTATION THAT: (i) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS; (ii) ERRORS OR DEFECTS WILL BE CORRECTED; OR (iii) INFORMATION AVAILABLE ON OR THROUGH THE SERVICES IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. THE SERVICES AND THE MATERIALS AND INFORMATION PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NONINFRINGEMENT. WHILE THE INFORMATION PROVIDED IS BELIEVED TO BE ACCURATE, IT MAY INCLUDE ERRORS OR INACCURACIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND RESPONSIBILITY. IT IS THE SOLE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF INFORMATION OR OTHER CONTENT AVAILABLE THROUGH THE SERVICES.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, MERCEDES-BENZ HPC NORTH AMERICA LLC OR ANY OF ITS AFFILIATES (INCLUDING SUBSIDARIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES AND INSURERS) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARISE OUT OF OR ARE RELATED TO THE USE OF THE SERVICES OR THE ACCESS OF INFORMATION PROVIDED HEREIN, OR THE USE OR ACCESS OF, OR THE INABILITY TO USE OR ACCESS, THE CONTENT, MATERIALS, AND FUNCTIONS OF THIS SERVICES, EVEN IF MBHPC IS EXPRESSLY ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE). TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION, OR PORTIONS OF IT, MAY NOT APPLY TO YOU.
BY YOUR USAGE OF THE SERVICES, YOU AGREE TO RELEASE MERCEDES-BENZ HPC NORTH AMERICA LLC AND ITS AFFILIATES (INCLUDING SUBSIDIARIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, AND INSURERS) FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OR ATTEMPTED USE OF THE SERVICES. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES THAT: ” A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” YOU ALSO WAIVE ANY PROVISION OF THE STATUTORY OR NONSTATUTORY LAW OF ANY JURISDICTION THAT IS SIMILAR IN WORDING OR EFFECT TO CALIFORNIA CIVIL CODE SECTION 1542.
TO THE EXTENT THAT THE FOREGOING LIMITATION IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MHBPC OR ITS AFFILIATES (INCLUDING SUBSIDIARIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, AND INSURERS), FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR THESE TERMS, SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO $100, UNDER ANY CIRCUMSTANCES.
8. Indemnification
You agree to indemnify and hold MBHPC and its affiliates harmless, and, at MBHPC’s request, to defend MBHPC and its affiliates from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) the Services; (ii) your violation of or failure to comply with these Terms; (iii) the infringement by you of any right of any person or entity; or (iv) any other activities of yours accomplished using the Services. This indemnity shall be in addition to and not limited by any other indemnity.
9. Copyrights and Trademarks
Copyright 2026 Mercedes-Benz HPC North America LLC. All Rights Reserved. The text, images, graphics, sound files, animation files, video files, button icons, digital downloads, data compilations, and their arrangement on the Site or MBHPC charging stations are all subject to United States and international copyright laws and other intellectual property protection, and are the property of MBHPC or its affiliates. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites.
Unless otherwise indicated, all marks displayed on the Site are subject to the trademark and service mark rights of Mercedes-Benz HPC North America LLC, Mercedes- Benz Group AG, and their affiliates.
10. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND MBHPC TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND MBHPC FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND MBHPC AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. MBHPC AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
Agreement to Binding Arbitration
You and MBHPC agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and MBHPC, and not in a court of law.
You acknowledge and agree that you and MBHPC are each waiving the right to a trial by jury. Unless both you and MBHPC otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. You and MBHPC each retain the right to bring an individual action 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.
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 https://adr.org/Mediation or by calling the AAA at 1-800-778-7879.
Notwithstanding any choice of law or other provision in the Terms, 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 hereunder or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York.
Process
If you have a claim against MBHPC or if MBHPC has a claim against you, you and MBHPC will first attempt to resolve the claim informally and make a good-faith effort to negotiate the resolution of any claim for thirty (30) days, or such longer period as mutually agreed in writing by the parties.
If such claim cannot be resolved informally between the parties, then a party may initiate arbitration by providing 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). You will send a copy of any demand for arbitration to MBHPC by certified mail addressed to MBHPC at 27 W. 24th Street, Suite 401, New York, NY 10010 or by email to MBHPC@mercedes-benz.com. MBHPC will send any demand for arbitration to you by certified mail or email using the contact information you have provided to MBHPC. The arbitration will be conducted by a single arbitrator in the English language. You and MBHPC both agree that the arbitrator will be bound by these Terms.
If either party’s claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, without a formal hearing, unless the arbitrator determines that a hearing is necessary. If a party’s claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
Location
The arbitration will be conducted by video or telephone, unless the arbitrator determines an in-person hearing is necessary, then the arbitration will be conducted in New York, New York.
Award
The arbitrator (not a judge or jury) will resolve all claims. 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 award may include equitable relief. An arbitrator’s decision shall be final and binding on all parties. An arbitrator’s decision and judgment cannot be used or offered as precedent in any other case except to enforce the award itself.
Confidentiality
The parties agree to treat all aspects of the arbitration as confidential, as provided in the AAA Rules. Before making any disclosure permitted by the AAA Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests.
Fees
Each party will be responsible for arbitration fees in accordance with the AAA Rules and these Terms.
Statute of Limitations
To the extent permitted by law, any claim must be filed within one year after such claim arises; otherwise, the claim is permanently barred.
Changes
You may reject changes we make to this Section 10 by sending us written notice of such rejection within thirty (30) days of the changes. This written notice must be provided either (a) by certified U.S. Mail or by Federal Express (in each case, signature required and return receipt requested) to: 27 W. 24th Street, Suite 401, New York, NY 10010: or (b) by email to MBHPC@mercedes-benz.com. Changes may only be rejected as a whole, and you may not reject only certain changes. If you reject changes, the most recent version of this Section 10 that you have not rejected will continue to apply.
Severability and Survival
If any portion of this Section 10 is found to be unenforceable or unlawful for any reason, then: (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 10 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 10; and, (iii) 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.
11. General Terms
Governing Law; Disputes
These Terms shall be governed by and construed in accordance with the laws of State of New York. Any dispute arising from these Terms shall be resolved exclusively in the state and federal courts of the State of New York, without regard to any conflict of law provisions. You hereby agree that any and all legal claims concerning your use of the Services must be commenced within one (1) year after the claim or cause of action arises or they will be time-barred.
Severability
If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
Modifications
We may modify these Terms at any time. All updates and amendments are effective immediately upon notice, which we may provide by any legal means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. Continued use of the Services post-modification constitutes your agreement to be bound by the modified Terms. If you disagree with the amended Terms, do not continue to use the Services.
Waiver
Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will affect the other provisions of these Terms.