Effective as of July 15, 2019
ABOUT THE SERVICE
The Service allows you to browse, purchase, rent mobility products, or to join our scooter community to be notified of special promotions.
Use of Equipment:
The authorized user of the rental equipment will use the rental in a careful and diligent manner. The user will comply with the manufacturers requirements and recommendations and will respect the rental, following all applicable laws including, but not limited to, all local, provincial, state, or federal laws with respect to the use of the rental.
The customer acknowledges that the equipment will be used for the sole purpose for which it was designed and not for any other purpose. The customer agrees not to make modifications or any other changes to the equipment.
The customer acknowledges that the equipment is a single person piece of equipment and that no additional riders, including children, are allowed on the rental equipment.
Customer acknowledges that the rental is to be returned to the location in which it was rented. If the equipment is not returned to that location and Scooter Sales and Rentals is required to retrieve it from another, without advanced request, there will be a $40 charge automatically applied to the credit card provided.
Customer acknowledges that if the rental is abandoned without notifying Scooter Sales and Rentals in advance, there will be $100 charge when rental is located. If the rental is not located, the customer will be responsible for replacement costs.
Customer acknowledges that the rental is meant to be used on solid surfaces and should not be used in sand, mud or other soft surfaces or unsafe terrain.
Time of Rental:
The time of rental starts on the delivery date and ends on the date when the rental is returned to Scooter Sales and Rentals in accordance with this agreement.
Scooter Sales and Rentals has the right to repossess the rental and immediately terminate this agreement if the customer fails to comply with any of these terms and conditions. The customer waives all claims to damages or expenses in the event of a repossession.
Loss and Damage:
The customer, or their respective agent, acknowledges that upon acceptance of the rental delivery, they have fully inspected and accepted the rental in good condition and repair. If any concern or issue is to be raised, the customer, or respective agent, will contact Scooter Sales and Rentals within one (1) hour of acceptance of delivery to report any concerns.
The customer, or their respective agent, acknowledges that the operator of the rental is familiar and knowledgeable with the operation, care, and control of the equipment. They acknowledge that the operator of the rental is capable of safely operating the rental.
The customer, or their respective agent, acknowledges that they were provided the opportunity to purchase or waive the rental insurance offered by Scooter Sales and Rentals. If they chose to waive (decline) the rental insurance, they are now solely responsible for any and all repair or replacement costs of the rental equipment.
The customer, or their respective agent, will return the rental in the same condition it was received in.
The customer, or their respective agent, agrees to pay all costs, expenses, and legal fees incurred by Scooter Sales and Rentals in regaining possession of the rental, enforcing, or recovering any damage, loss, or claims against the customer.
Waiver of Liability:
The renter acknowledges that operating the equipment has inherent risks, dangers and hazards, including, but not limited to, traffic conditions, weather conditions, road and sidewalk conditions, natural and unnatural objects and obstacles, impact or collision, and negligence of others. THE RENTER ASSUMES ALL RISK AND LIABILITY FOR ANY AND ALL LOSS, DAMAGE, OR INJURY INCLUDING DEATH TO PERSONS OR PROPERTY OF THE RENTER OR OTHERS ARISING OUT TO THE RENTAL POSSESSION, USE, OPERATION, OR CONTROL OF THE EQUIPMENT BY THE RENTER INCLUDING, BUT NOT LIMITED TO, ALL MEDICAL COSTS AND FINANCIAL AND ECONOMIC LOSSES.
The renter waives, releases, and forever discharges Scooter Sales and Rentals, it’s employees, affiliates, agents, servants, heirs, executors, administrators, legal representatives and assigns from all actions, causes of actions, costs, expenses, liability, claims and demands for or by reason of any damage, loss, or injury to person and property which has been or may be sustained related to the rental, possession, use, operation, or control of the equipment.
The renter shall defend, indemnify and hold harmless Scooter Sales and Rentals, it’s employees, affiliates, agents, servants, heirs, executors, administrators, legal representatives and assigns from and against any and all losses, liability claims, damages, costs, expenses, attorney fees, injuries, demands, actions, and causes of action, arising out of or related to directly or indirectly any loss, damage, or injury claimed by any persons that may arise from the renter’s rental, possession, use, operation, or control of the equipment.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 18 to register for the use of Service. If you are renting a mobility scooter and will be the operator, you must be 25 years of age, provide a valid photo ID, and major credit or debit card. If you are a user who signs up for the Service, you will create a personalized account, which includes a unique username and a password to access the Service and to receive messages from Scooter Sales and Rentals. You agree to notify us immediately of any unauthorized use of your password and/or account. Scooter Sales and Rentals will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions:
You agree that you will not under any circumstances:
· access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service,
· collect or harvest any personal data of any user of the Site or the Service
· use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;
· distribute any part or parts of the Site or the Service without our explicit written permission
· use the Service for any unlawful purpose or for the promotion of illegal activities;
· attempt to, or harass, abuse or harm another person or group;
· use another user’s account without permission;
· intentionally allow another user to access your account;
· provide false or inaccurate information when registering an account;
· interfere or attempt to interfere with the proper functioning of the Service;
· make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
· bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
· circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or
· publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.
POSTING AND CONDUCT RESTRICTIONS
When you register on our Site, you may be able to provide, “User Content,” ie. valuable feedback about your rental experience, in store purchase experience, or your online experience. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service.
You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. Scooter Sales and Rentals, however, reserves the right to remove any User Content from the Service at its sole discretion.
We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.
By transmitting and submitting any User Content while using the Service, you agree as follows:
· You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
· You will not post information that is malicious, libelous, false or inaccurate;
· You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
· You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
· You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content.
The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statements made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
LINKS TO OTHER SITES AND/OR MATERIALS
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requires that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) by sending the following information in writing to our designated copyright agent at:
Scooter Sales and Rentals
Pigeon Forge, TN 37863:
1. The date of your notification;
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. A description of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
7. A statement that the information is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
1. Your physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
3. A statement that you have a good faith belief that the content was removed as a result of mistake or misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Tennessee and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have the right to grant, to Scooter Sales and Rentals a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to firstname.lastname@example.org or mail to the following postal address:
Scooter Sales and Rentals
Pigeon Forge, TN 37863
Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Purchase of any POWER CHAIRS/SCOOTERS
WARNING: This product can expose you to chemicals including lead and lead components, which is [are] known to the State of California to cause cancer or birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/furniture.
You agree that any cause of action related to or arising out of your relationship with Scooter Sales and Rentals must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
For purposes of this Agreement, “Site” refers to the Company’s website, which can be found at https://scootersalesandrentals.com or by accessing the Service by clicking on the application on your mobile device.
“Service” refers to the Scooter Sales and Rental’s services accessed via the Site, in which users can browse, purchase, or rent mobility products.
The terms “we,” “us,” and “our” refer to the Company, Scooter Sales and Rentals.
“You” refers to you, as a user of our Site or our Service.
I. INFORMATION WE COLLECT
We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. Personal Information includes your email, first and last name, email, username and password, which you submit to us through the registration process at the Site.
1. Information collected via Technology
To activate the Service you do not need to submit any Personal Information other than your email address. To sign up for our rental Service thereafter, you need to submit further Personal Information, which includes; first and last name, Address, Contact Telephone, and Email address. To Register on our website you must submit first and last name, email, and create a username and password.
Scooter Sales and Rentals may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser.
2. Information you provide us by registering for an account
3. Children’s Privacy
The Site and the Service are not directed to anyone under the age of 18. The Site does not knowingly collect or solicit information from anyone under the age of 18, or allow anyone under the age of 18 to sign up for the Service. If in the event a person 18-24 years of age is assisting another individual to obtain our rental service, this is permissible as long as the operator of the mobility product is 25. In the event that we learn that we have gathered personal information from anyone under the age of 18 without the consent of a parent or guardian, we will delete that information as soon as possible. If you believe we have collected such information, please contact us at email@example.com.
II. HOW WE USE AND SHARE INFORMATION
In general, the Personal Information you provide to us is used to help us communicate with you. For example, we use Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers.
We may share Personal Information with outside parties if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable legal process or enforceable governmental request; enforce applicable Terms of Service, including investigation of potential violations; address fraud, security or technical concerns; or to protect against harm to the rights, property, or safety of our users or the public as required or permitted by law.
III. HOW WE PROTECT INFORMATION
We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.
IV. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION
V. LINKS TO OTHER WEBSITES
VII. CONTACT US
You may return your product for a refund in the amount of the listed price of the specific product within 14 days of the purchase date. Simply call us 5 days prior to the date we receive the product return to explain the reason for the return, and ship the item back to our store at:
Scooter Sales and Rentals
Pigeon Forge, TN 37863
We will issue a refund within 3 days after the returned item has been received and inspected.
The shipping charges will be deducted from the amount refunded. There will also be a minimum restock fee of 20% for all returned items. All items must be sent back in new condition and in the original packaging to qualify for a full refund.
The customer will be responsible for any storage fees incurred on a returned item from any additional companies involved in the return process.
We do not accept returns for clearance items, items that are previously owned, or items that were sold “as-is”. Additional fees may apply to items returned to Alaska, Hawaii, and Puerto Rico.