Terms of Use:
Introduction:
RentOrlandoScooters operated by Scooters and more inc ‘’Legal Name’’
Welcome! The Terms of Use (“Terms”) governs the website www.RentOrlandoScooters.com (including both mobile and online versions) (the “Site”), including your use of interactive devices (such as iPads), features, widgets, plug-ins, applications, content, downloads and/or other online services that we own and control and that post a link to these Terms (the Site and other online services we offer are collectively referred to herein as the “Service”), which are made available by RentOrlandoScooters., also known as Sooters and more, Inc., (“RentOrlandoScooters”, “Scooters and more inc“ “we” “our” or “us”). By using the Service, you acknowledge and accept the Service’s Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy.
If You Want to Use This Service,
Then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations. Each time you access and/or use the Service (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted. Therefore, do not use the Service if you do not agree.
The business realities associated with operating the Service are such that, without the conditions that are set forth in these Terms — such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and arbitration of certain disputes – RentOrlandoScooters would not make the Service available to you.
In some instances, both these Terms and separate terms of sale, contract or consumer lease-purchase agreement setting forth additional or different terms and/or conditions will apply to your leasing/purchase and/or use of a service or product offered via the Service or in our retail stores (in each such instance, and collectively “Additional Terms”). Thus, you agree that the terms and conditions of use of the Service are independent and separate from any sales or lease/purchase transaction you may enter into with us. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Full Details of Terms of Use:
I. Service Content, Ownership, Limited License and Rights of Others
1. Content. The Service contains a variety of: (i) materials and other items relating to RentOrlandoScooters, RentOrlandoScooters’s services, third-party products and services, and similar items from our licensors and other third parties, including all layout, information, articles, reviews, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of RentOrlandoScooters (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
2. Ownership. The Service (including past, present and future versions) and the Content are owned or controlled by RentOrlandoScooters and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Service is the property of RentOrlandoScooters or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, or other intellectual property and unfair competition rights and laws to the fullest extent possible. RentOrlandoScooters owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
3. Limited License. Subject to your strict compliance with these Terms and the Additional Terms, RentOrlandoScooters grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content; and (ii) may be immediately suspended or terminated for any reason, in RentOrlandoScooters’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.
4. Rights of Others. When using the Service, you must respect the intellectual property and other rights of RentOrlandoScooters and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
II. Service and Content Use Restrictions
0. Service Use Restrictions. You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to RentOrlandoScooters; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, RentOrlandoScooters, or other users of the Service; (vi) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service or the Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any Additional Terms.
1. Content Use Restrictions. You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of RentOrlandoScooters or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
2. Availability of Service and Content. RentOrlandoScooters may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in RentOrlandoScooters’s sole discretion, and without advance notice or liability.
3. Reservation of All Rights Not Granted as to Content and Service. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by RentOrlandoScooters and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.
III. Opening and Terminating Accounts, Identity Authentication and Credit Investigation and Reporting
0. Accounts. In order to access or use some (or potentially all) of the features on the Service, you may be required to first register for an account through our online registration process. The Service’s practices governing any resulting collection and use of your personal information are disclosed in the Privacy Policy. If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Service using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.
In order to enter into a lease-purchase transaction with us, you must: (a) accept and agree to these Terms and our Privacy Policy; (b) register with us on the Site; (c) be a U.S. citizen (or a legal U.S. resident) of at least eighteen (18) years of age (or older if you reside in a state where the majority age is older); (d) have a bank account with a U.S. financial institution; and (e) provide all information requested by us, such as your name, email address, mobile device number, online credentials for your bank account, and such other information as we may request from time to time (collectively, “User Information”). You represent and warrant that all User Information you provide us from time to time is truthful, accurate, current, and complete, and you agree not to misrepresent your identity or your User Information. You agree to promptly notify us of changes to your User Information by updating your account on the Service; provided, however, that you must notify us at least three (3) business days before any changes to your bank account information, including, but not limited to, the closure of your bank account for any reason by calling 407-866-1119 or emailing INFO@RENTORLSNDOSCOOTER.COM or by updating your account via the Service. If we approve your registration, you will be authorized to use the Service, subject to these Terms. For our compliance purposes and in order to provide the Service to you, you hereby authorize us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and bank account information. When you register for the Service and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you, such as:
1. A copy of your government-issued photo ID, such as a passport or driver’s license;
2. A copy of a utility bill, bank statement, affidavit, or other bill, dated within three months of our request, with your name and U.S. street address on it; and
3. Such other information and documentation that we may require from time to time.
By using the Service and providing User Information to us, you automatically authorize us to obtain, directly or indirectly through our third-party service providers and without any time limit or the requirement to pay any fees, information about you and your bank account from the financial institution holding your bank account and other third-party websites and databases as necessary to provide the Service to you. For purposes of such authorization, you hereby grant RentOrlandoScooters and our third-party service providers a limited power of attorney, and you hereby appoint RentOrlandoScooters and our third-party service providers as your true and lawful attorney-in- fact and agent, with full power of substitution and re-substitution, for you and in your name, place, and stead, in any and all capacities, to access third-party websites, servers, and documents; retrieve information; and use your User Information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN RENTORLANDOSCOOTERS OR OUR THIRD-PARTY SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM SUCH THIRD-PARTY WEBSITES, RENTORLANDOSCOOTERS AND OUR THIRD-PARTY SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You understand and agree that the Service is not endorsed or sponsored by any third-party account providers accessible through the Service. We make no effort to review information obtained from the financial institution holding your bank account and other third-party websites and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement. As between RentOrlandoScooters and our third-party service providers, RentOrlandoScooters retains ownership of your User Information.
1. Identity Authentication. You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with the Customer Identification Program (CIP) rules implementing Section 326 of the USA PATRIOT Act and our Privacy Policy. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third party databases or through other sources. We may also ask to see your driver’s license or other identifying documents at any time to help us validate your identity. If you use certain services, federal law may require that we verify some of your information. RentOrlandoScooters reserves the right to close, suspend, or limit access to your account and/or the Service in the event we are unable to obtain or verify this information.
2. Credit Investigation and Reporting. By using the Service, you give RentOrlandoScooters permission to investigate your credit record and obtain your credit report in connection with the review of your application for credit. A credit report may also be requested in connection with a credit extension, credit limit request, account renewal, account collection action or dispute investigation.
I. Feedback You Submit
1. General. RentOrlandoScooters may now or in the future offer users of the Service the opportunity to post, upload, display, publish, distribute, transmit or otherwise make available on or submit through the Service, messages, text, files, comments, responses, information, content, results, reviews, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “Feedback”). RentOrlandoScooters may allow you to do this through contact us, email, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your Feedback and you remain ultimately responsible for it.
2. Non-Confidentiality of Your Feedback. Except as otherwise described in the Service’s posted Privacy Policy or any Additional Terms, you agree that: (a) your Feedback will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned; and (b) RentOrlandoScooters does not assume any obligation of any kind to you or any third party with respect to your Feedback. Upon RentOrlandoScooters’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of Feedback may not be secure, and you will consider this before submitting any Feedback and do so at your own risk. In your communications with RentOrlandoScooters, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for websites, services, products or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed Feedback and licensed to us as set forth below. In addition, RentOrlandoScooters retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. RentOrlandoScooters’s receipt of your Unsolicited Ideas and Materials is not an admission by RentOrlandoScooters of their novelty, priority, or originality, and it does not impair RentOrlandoScooters’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
3. License to RentOrlandoScooters of Your Feedback. Except as otherwise described in any applicable Additional Terms, which specifically govern the submission of your Feedback), you hereby grant to RentOrlandoScooters, and you agree to grant to RentOrlandoScooters, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your Feedback (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such Feedback and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any Feedback for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you grant to RentOrlandoScooters to your Feedback, you also hereby grant to RentOrlandoScooters, and agree to grant to RentOrlandoScooters, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any Feedback, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Feedback, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 5(C).
II. Notices, Questions and Customer Service
You agree that: (i) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the Service, or in another reasonable manner as permitted by applicable law; and (ii) we may contact you by mail or email sent to the address provided by you. You agree to promptly notify us if you change your email or mailing address.
If you have a question regarding using the Service, you may contact us by emailing info@Rentorlandoscooters.com, calling Customer Service at 407-866-1119 or mail us at Scooters and more, Inc, 1189 Blackwood Ave, Ocoee, FL 34761. You acknowledge that the provision of customer support is at RentOrlandoScooters’s sole discretion and that we have no obligation to provide you with customer support of any kind.
I. Wireless
1. Wireless Features. The Service may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access the Service’s features and upload content to the Service, receive messages from the Service, and download applications to your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
2. Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered for, we may send communications to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Service for Wireless Features, then you agree to notify RentOrlandoScooters of any changes to your wireless contact information (including phone number).
II. Telephonic Communications with RentOrlandoScooters and our Advertising Partners.
You acknowledge that telephone calls to or from RentOrlandoScooters may be monitored and recorded and you agree to such monitoring and recording. You verify that any contact information provided to RentOrlandoScooters, including, but not limited to, your name, mailing address, email address, your residential telephone number, and/or your mobile telephone number, is true and accurate. You further verify that you are the current telephone subscriber of any telephone numbers that you provide to RentOrlandoScooters. You further agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys’ fees) arising from your provision of a telephone number for which you are not the owner or subscriber or arising from your violation of applicable federal, state or local law, regulation or ordinance.
You acknowledge that by voluntarily providing your telephone number(s) to RentOrlandoScooters, you expressly agree to be contacted at the telephone number(s) you provide. You consent to receive emails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of RentOrlandoScooters related to your account, any transaction, and/or your relationship with RentOrlandoScooters, including, without limitation, changes to your account, any application, purchasing, or leasing process, the pre-approval process, account payments, unpaid amounts due, and the repossession of leased goods in the event your account is delinquent.
You also consent to receive promotional offers by email, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of RentOrlandoScooters and our advertising partners. Consent is not a condition of leasing or purchasing any goods or services from us. These communications may be made by or on behalf of RentOrlandoScooters, even if your telephone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls or text messages by your telephone carrier and that neither RentOrlandoScooters nor those acting on its behalf will be responsible for these charges.
RentOrlandoScooters may obtain, and you expressly agree to be contacted at, email addresses, mailing addresses, and telephone numbers provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide RentOrlandoScooters with notice at least seven (7) days before any change to your contact information by updating your account, writing to RentOrlandoScooters Inc, 1189 Blackwood Ave, Ocoee, FL 34761, emailing Info@rentorlandoscooters.com, and/or calling Customer Service at 407-866-1119.
You may opt-out of automated telephone calls from RentOrlandoScooters at any time by writing to RentOrlandoScooters, 1189 Blackwood Ave, Ocoee, FL 34761, emailing info@rentorlandoscooters.com, and/or calling 407-866-1119. Please note that if you opt out of automated calls, RentOrlandoScooters still reserves the right to make non-automated calls to you consistent with your preferences. Participating Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, Cricket, U.S. Cellular, Metro PCS, Alltel, Boost Mobile, and Virgin Mobile.
Your obligations under this Section 10 will survive termination of this Agreement.
III. ARBITRATION AND WAIVER OF JURY TRIAL.
PLEASE READ THIS PROVISION OF THE TERMS CAREFULLY. UNLESS YOU EXERCISE YOUR RIGHT TO OPT-OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY TRIAL, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED FOR IN THE ARBITRATION RULES), AND TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR IN ANY CONSOLIDATED ARBITRATION PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE IN ARBITRATION.
0. Agreement to Arbitrate. You and we agree that any Dispute (defined below) will be resolved by Arbitration (defined below). This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and the substantive law of the State of New York without applying its choice-of-law rules.
1. What Arbitration Is. “Arbitration” is a means of having an independent third party resolve a Dispute. A “Dispute” is any claim or controversy of any kind between you and us. The term Dispute is to be given its broadest possible meaning and includes, without limitation, all claims or demands, based on any legal or equitable theory (contract, tort, or otherwise) and regardless of the type of relief sought (i.e., money, injunctive relief, or declaratory relief). A Dispute includes, by way of example and without limitation, any claim based upon a federal or state constitution, statute, ordinance, regulation, or common law, and any issue concerning the validity, enforceability, or scope of this Arbitration agreement. For purposes of this Arbitration agreement, the terms “you” and “your” include any co-signer, co-obligor, or guarantor and also your heirs, guardian, personal representative, or trustee in bankruptcy. The terms “we,” “our,” and “us” for purposes of this Arbitration agreement mean RentOrlandoScooters and include RentOrlandoScooters’s employees, officers, directors, members, managers, attorneys, affiliated companies, predecessors, and assigns, as well as RentOrlandoScooters’s marketing, servicing, and collection representatives and agents.
2. What Arbitration Costs. No matter which party initiates the Arbitration, we will advance or reimburse filing fees and other costs or fees of Arbitration, provided each party will be initially responsible for its own attorneys’ fees and related costs. Unless prohibited by law, the arbitrator may award fees, costs, and reasonable attorneys’ fees to the party who substantially prevails in the Arbitration.
3. Location of Arbitration. Unless you and we agree to a different location, the Arbitration will be conducted within thirty (30) miles of your then current mailing address.
4. Waiver of Rights. You are waiving your right to a jury trial, to have a court decide your Dispute, to participate in a class action lawsuit, and to certain discovery and other procedures that are available in a lawsuit.You and we agree that the arbitrator has no authority to conduct class-wide Arbitration proceedings and is only authorized to resolve the individual Disputes between you and us. The validity, effect, and enforceability of this waiver of class action lawsuit and class-wide Arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by the AAA, JAMS, or an arbitrator. If such court refuses to enforce the waiver of class-wide Arbitration, the Dispute will proceed in court and be decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a class action lawsuit. The arbitrator has the ability to award all remedies available by statute, at law, or in equity to the prevailing party.
5. Applicable Law and Review of Arbitrator’s Award. The arbitrator shall apply applicable federal and New York substantive law and the terms of this Agreement. The arbitrator must apply the terms of this Arbitration agreement, including without limitation the waiver of class-wide Arbitration. The arbitrator shall make written findings and the arbitrator’s award may be filed with any court having jurisdiction. The Arbitration award shall be supported by substantial evidence and must be consistent with this Agreement and with applicable law, and if it is not, it may be set aside by a court. The parties shall have, in addition to the grounds referred to in the Federal Arbitration Act for vacating, modifying, or correcting an award, the right to judicial review of (a) whether the findings of fact rendered by the arbitrator are supported by substantial evidence; and (b) whether the conclusions of law are erroneous under the substantive law of New York and applicable federal law. Judgment confirming an award in such a proceeding may be entered only if a court determines that the award is supported by substantial evidence and is not based on legal error under the substantive law of New York and applicable federal law.
6. Survival. This Arbitration provision shall survive: (1) cancellation, payment, charge-off, or assignment of this Agreement; (2) the bankruptcy of any party; and (3) any transfer, sale, or assignment of these Terms, or any amounts owed under this Agreement, to any other person or entity.
7. Right to Opt-Out. If you do not wish to agree to arbitrate all Disputes in accordance with the terms and conditions of this section, you must advise us in writing at the following address by either hand delivery or a letter postmarked no later than thirty (30) days following the date you enter into these Terms. You may opt-out without affecting your application or status as a lessee at our address above.
8. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED.
9. Injunctive Relief. The foregoing provisions of this Section 11 will not apply to any legal action taken by RentOrlandoScooters to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Content, and/or RentOrlandoScooters’s intellectual property rights (including such RentOrlandoScooters may claim that may be in dispute), and/or RentOrlandoScooters’s operations.
10. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.
IV. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, RentOrlandoScooters and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the “RentOrlandoScooters Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
0. the Service (including the Content);
1. the functions, features, or any other elements on, or made accessible through, the Service;
2. any products, services, or instructions offered or referenced at or linked through the Service, including, those products and services you purchase through the Service;
3. security associated with the transmission of your User Information transmitted to RentOrlandoScooters via the Service;
4. whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
5. whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable;
6. whether any defects to or errors on the Service will be repaired or corrected;
7. whether your access to the Service will be uninterrupted;
8. whether the Service will be available at any particular time or location; and
9. whether your use of the Service is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A RENTORLANDOSCOOTERS PARTY, RENTORLANDOSCOOTERS PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
V. LIMITATIONS OF OUR LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY RENTORLANDOSCOOTERS PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
the Service (including the Content):
1. your use of or inability to use the Service, or the performance of the Service;
2. any action taken in connection with an investigation by RentOrlandoScooters Parties or law enforcement authorities regarding your access to or use of the Service;
3. any action taken in connection with copyright or other intellectual property owners or other rights owners;
4. any errors or omissions in the Service’s technical operation; or
5. any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the RentOrlandoScooters Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RENTORLANDOSCOOTERS PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID RENTORLANDOSCOOTERS IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.
VI. Waiver of Injunctive or Other Equitable Relief
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, FEEDBACK, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY RENTORLANDOSCOOTERS (INCLUDING YOUR LICENSED FEEDBACK) OR A LICENSOR OF RENTORLANDOSCOOTERS.
VII.
I. Updates to Terms
These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS OF USE UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS OF USE AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms of service and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). The new terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the terms of service (and any applicable Additional Terms) that applied when you previously used the Service will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, and the email you associated with your purchases for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or Additional Terms by discontinuing use of the Service and related services.
II. General Provisions
1. RentOrlandoScooters’s Consent or Approval. As to any provision in these Terms or any Additional Terms that grants RentOrlandoScooters a right of consent or approval, or permits RentOrlandoScooters to exercise a right in its “sole discretion,” RentOrlandoScooters may exercise that right in its sole and absolute discretion. No RentOrlandoScooters consent or approval may be deemed to have been granted by RentOrlandoScooters without being in writing and signed by an officer of RentOrlandoScooters.
2. Indemnity. You agree to, and you hereby, defend, indemnify, and hold RentOrlandoScooters ‘’Scooters and more inc’’ Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any RentOrlandoScooters Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your Feedback; (ii) your use of the Service and your activities in connection with the Service, including, without limitation, any transaction entered into by you through your use of the Service; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; (vii) any other party’s access and/or use of the Service with your account; and (viii) RentOrlandoScooters Parties’ use of the information that you submit to us (including your Feedback) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by RentOrlandoScooters Parties in the defence of any Claim and Losses. Notwithstanding the foregoing, RentOrlandoScooters Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. RentOrlandoScooters Parties reserve the right to assume the exclusive defence and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a RentOrlandoScooters Party.
3. Operation of Service; Availability of Products and Services; International Issues.
RentOrlandoScooters controls and operates the Service from its U.S.-based offices in the U.S.A., and RentOrlandoScooters makes no representation that the Service is appropriate or available for use beyond the U.S.A. If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Service may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.
4. Export Controls. Software related to or made available by the Service may be subject to export controls of the U.S.A. No software from the Service may be downloaded, exported, or re-exported: (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed goods, software, technology or services (which, as of the effective date of these Terms, includes Cuba, North Korea, Iran, Sudan, and Syria), or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls, including as set forth in subsections (i) – (iii) above.
5. Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms or any Additional Terms, the word will be deemed to mean “including, without limitation,”.
6. Investigations; Cooperation with Law Enforcement; Termination; Survival.
RentOrlandoScooters reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any Additional Terms, (iii) investigate any information obtained by RentOrlandoScooters in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any Additional Terms, and (vi) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to RentOrlandoScooters under these Terms or any Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from RentOrlandoScooters, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to RentOrlandoScooters in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding telephonic communications, jurisdiction, choice of law, no class action, and mandatory arbitration.
7. Assignment. RentOrlandoScooters may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of RentOrlandoScooters.
8. No Waiver. Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by you or RENTORLANDOSCOOTERS in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
9. Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service providers, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.
10. California Consumer Rights and Notices. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY SCOOTERS AND MORE
