Aviva Employee Charging Station Terms of Use

In order to facilitate use of electric vehicles, Aviva Canada Inc. (“Aviva”) is making charging stations in the parking lot at 10 Aviva Way, Markham, Ontario, L6G 0G1 (the "Charging Stations”) available for use by Aviva employees ("Charging Station User") to charge their plug-in vehicles ("Plug-in Vehicle").

By using a Charging Station, the Charging Station User agrees as follows: Charging Stations. To use the Charging Stations in compliance with any policies and rules implemented by Aviva from time to time, as well as, all applicable laws and regulations. The Charging Station User will use the Charging Stations in a safe and appropriate manner and only for charging the Plug-In Vehicle. The Charging Station User will not damage, abuse, or misuse a Charging Station. Plug-In-Vehicles may only be parked in the Charging Stations while actively charging.

1. Disclaimer. The Charging Station User acknowledges that use of the Charging Stations is at the Charging Station User’s own risk. Aviva expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Further, Aviva makes no warranty that (i) the Charging Station will meet the Charging Station User’s requirements or expectations, or (ii) the operation of the Charging Station will be secure or error free.
   
2. Indemnification. The Charging Station User hereby agrees to indemnify and hold Aviva, its officers, agents, employees, and affiliates ("Indemnitees") harmless from any and all damages, expenses, and costs, including attorneys' fees, for any loss, damage, or injury to persons or property arising from or related to the Charging Station User’s negligence or misconduct.
   
3. Limitation of Liability. The Charging Station User expressly agrees that in no event shall Aviva be liable to the Charging Station User, for any special, direct, indirect, incidental, remote, consequential, exemplary or punitive damages to vehicle, damages for loss of profits, goodwill use, data or other intangible losses (even if Aviva has been advised of the possibility of such damages) arising out of or in any manner connected with the use or performance of the Charging Station. The Charging Station User agrees to release the Indemnitees from all loss, damage, or injury whatsoever, known or unknown, arising out of or in any manner connected with the use of the Charging Stations.
4. Governing Law. These terms of use shall be governed by the laws of the Province of Ontario. The parties agree that in the event of any dispute under these terms of use, the exclusive venue for such dispute shall be the provincial and federal courts located in the City of Toronto, Ontario, with jurisdiction over the subject matter of such dispute.