Rental Agreement

OVERVIEW

This website is operated by Scootly. Throughout the site, the terms “we”, “us” and “our” refer to Scootly. Scootly offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 6 - CANCELLATION POLICY

Orders canceled before delivery will be fully refunded. Upon delivery refunds will not be offered for weekly rentals. For monthly subscriptions, cancellations will be in effect at the end of that month's billing period. You will not be refunded for the days remaining in the current month's subscription period.

SECTION 7 - SCOOTER USEAGE AND LIABILITY

Scootly will not be liable for any personal injury, tickets or scooter-related incidents.

Do not park, leave or use scooter in a prohibited parking spot, on unauthorized private property, in any manner that blocks a right of way, or in another improper non-public space.

Obey all applicable laws and regulations, including without limitation, those applicable to traffic, placement or use of Scooters, and any applicable helmet laws.

Promptly report any unreturned, damaged or malfunctioning scooters to Scootly via e-mail or the Scootly Site (to which a response email from Scootly will be sent, with instructions on what to do with Your Electric Scooter).

SECTION 8 - PERSONAL, NON-COMMERCIAL USE ONLY

Under the Rental Agreement, You are renting a scooter for Your personal use only. As a personal rental, the Scooter shall not be available for rent or use by third parties during your Rental Period. Except as specified herein, You are responsible for using, storing and securing the Scooter during the entire rental period for which you have elected to rent the Scooter (the “Rental Period”). In addition, You may not use the Scooter for any commercial purpose whatsoever without Scootly’s prior written consent.

SECTION 9 - RIDER IS AT LEAST 18 YEARS OLD

Rider represents and certifies that they are at least 18 years old.

SECTION 10 - RIDER IS A COMPETENT ELECTRIC SCOOTER OPERATOR

Rider represents and certifies that he/she is familiar with the operation of the Scooter, is reasonably competent and physically fit to ride the Electric Scooter, and has reviewed the safety materials posted on the Scootly Site.

SECTION 11 - SCOOTER REMAINS PROPERTY OF SCOOTLY

At all times during the term, the Scooter (together with any related equipment provided by Scootly to You) remains the exclusive property of Scootly.

SECTION 12 - SCOOTER AVAILABILITY

The Weekly Rental and Monthly Subscription may only be available in select markets and for select time periods, at Scootly's sole discretion. Scootly may suspend or terminate the program at any time. Currently the Weekly Rental and Monthly Subscription services are only available in and around the Austin, TX region. You agree and acknowledge that Scooters are only available for usage or delivery on dates and times determined solely by Scootly, or authorized Scootly partners, and such dates and times may be changed at any time by Scootly, or authorized Scootly partners, with or without prior notice. The number of available Scooters is always limited and availability is never guaranteed. Scooters may be refurbished models with cosmetic imperfections. Scootly reserves the right to replace Scooter for any reason.

SECTION 13 - DELIVERY AND RETURN

Your Scooter will be delivered at a designated location on a designated date, subject to availability and weather conditions, and other conditions. The delivery location must be a valid street address in a city in which the Weekly Rental and Monthly Subscription is available and where you are available to receive the scooter.

Upon return of Your Scooter for any reason (unless You are receiving a replacement Scooter), You will also be required to return any provided equipment such as power cords and locks. You shall be responsible for all costs associated with failure to return a Scooter on the scheduled date and time and in the condition it was delivered to You (ordinary wear and tear excepted), and for any failure to return all other equipment Scootly provided to You. You agree to return the Scooter to Scootly in the condition in which it was received. You will not be responsible for normal wear and tear. Scootly may, in its sole discretion, charge You the full replacement value of the scooter for any scooter You fail to return as received (except for normal wear and tear).

SECTION 14 - COMPLIANCE WITH APPLICABLE LAWS

You agree to follow all applicable laws pertaining to the use, riding, parking, charging, and/or operation of Your Scooter, including all state and local laws and/or ordinances pertaining to electric scooters in the area where You reside and operate the Scooter.

SECTION 15 - PROHIBITED ACTS

You agree to refrain from all of the following:

  1. Operating a Scooter while carrying or holding a backpack, bag, or other item that can alter balance, add extra weight, or impair balance or safe operation of the Scooter. Scootly recommends that any backpack or bag fits snugly to Your body and does not impede Your ability to operate or maintain balance on the Scooter.

  2. Placing or hanging any object(s) on the handlebar of the Scooter, such as backpacks or bags.

  3. Using any cellular telephone, text messaging device, portable music player, or other similar device while operating a Scooter that may distract You from safely operating a Scooter.

  4. Operating any Scooter while under the influence of any alcohol, drug, medication, or other substance that may impair Your ability to safely operate a Scooter.

  5. Carrying a second person, child or a pet on a Scooter.

  6. Parking or storing a Scooter without using a locking mechanism.

  7. Parking a Scooter in any location that is (1) prohibited by applicable federal, state or local law; (2) on private property in an unauthorized manner; (3) blocking a public right of way; or (4) in any other location where a Scooter may present an impediment to normal pedestrian traffic, or where the Scooter is likely to be knocked down.

  8. Failing to park the Scooter in an upright position using its kickstand.

  9. Using a Scooter for racing, mountain riding, stunt riding or trick riding.

  10. Operating a Scooter on unpaved roads, or through standing water.

  11. Renting out, loaning, transferring possession or offering subscription services for the use of a Scooter.

  12. Operating a Scooter that exceeds the maximum weight limit of 275 pounds.

  13. Defacing, dismantling or tampering with a Scooter’s chassis, labels, electronics, motor system, stickers, onboard GPS system or any other Scootly Property.

  14. Transporting the Scooter(s) outside of the United States.

  15. Operating the scooter in any such way or in conditions that could reasonably damage the scooter or cause injury to You, property, or other persons, including, but not limited to, (1) operating the Scooter in the rain; (2) riding the Scooter off curbs or other structures more than two inches in height; or (3) failing to maintain a reasonable and safe speed.

SECTION 16 - REPORTING REQUIREMENTS

During the Rental Period, You must report any or all of the following via the Scootly Site within forty-eight (48) hours of occurrence:

a. Any theft, damage, malfunction or other functional impairment of a Scooter that is caused or experienced by, or known to You, along with a copy of the police report (if applicable). In reviewing or responding to any such report, Scootly reserves the right to request additional information. After review Scootly, in its discretion, may request return of a subject Scooter and/or offer to replace the Scooter with another Scooter upon payment of a fee by You.

b. Any traffic accident, collision or crash involving personal injury to You or any third party, whether or not such incident involved a traffic or criminal citation. For such incidents that do involve a traffic or criminal citation, Your report must include a copy of the relevant police report.

You agree and acknowledge that Scootly may, and will cooperate with law enforcement to provide any information necessary as they may request or may otherwise be required.

SECTION 17 - LIABILITY

You are responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorneys’ fees, judgments, suits or disbursements of any kind or nature whatsoever related to:

a. Damaged, stolen or unreturned Scooters.

b. Any traffic or parking citation, fines and/or impound charges.

c. Charging or attempting to charge a Scooter with a charging cord other than provided or approved by Scootly.

YOUR AUTOMOTIVE/HOMEOWNER/RENTERS/OTHER INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR DAMAGE TO SCOOTERS, DAMAGE TO YOURSELF OR OTHERS CAUSED BY SCOOTERS, OR DAMAGE TO PROPERTY CAUSED BY SCOOTERS. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR INSURER.

SECTION 18 - CHARGING YOUR ELECTRIC SCOOTER

Your Scooter is an electric scooter that requires periodic charging of its battery in order to operate. You are responsible for charging the Scooter, and for using a charging cord that has been provided to You or approved by Scootly. The level of charge power remaining in the Scooter will decrease from ongoing use of the Scooter.  As the level of charge power of the Scooter decreases, the speed and other operational capabilities of the Scooter may decrease (or cease in their entirety).  The level of charging power in the Scooter at the time You initiate the operation of the Scooter may vary with each use. The rate of loss of charging power during the use of the Scooter may vary based on the road conditions, weather conditions, temperature and other factors.  The Scooter may run out of charging power and cease to operate at any time during Your use of the Scooter, including before reaching Your desired destination. You are responsible for checking and monitoring the level of charge power in the Scooter at all times.

SECTION 19 - PAYMENT AND FEES

  1. Rental Fees. Fees for renting a Scootly Electric Scooter under the Rental Agreement shall be specified on the Scootly Site (or mobile application) and such fees are non-refundable. Fees will be charged beginning on the date of purchase. Fees will continue on a recurring basis until canceled or otherwise terminated. Rider may use the Electric Scooter in accordance with this Rental Agreement: its pricing is described on the Scootly site. Pricing is subject to change. Fees and other charges may be subject to applicable taxes and other local government charges: these taxes and charges may be charged and collected by Scootly. Scootly will charge You (through credit, or debit card or through another agreed payment method) the subscription amount as stated and any other fees as described in this Agreement, including a recurring payment plan for the subscription You have chosen.

  2. Fees for Damaged Scooters. Scootly may, in its sole discretion, charge you a fee for replacement of a damaged scooter plus administrative and processing fees upon return of such scooter by You.

  3. Fees for Missing Scooters. Scootly may, in its sole discretion, charge you a fee up to the replacement value of the Scooter plus administrative and processing fees for replacing scooters that you fail to return to Scootly.

  4. Fees for Late Returns. Scootly may, in its sole discretion, charge you a fee of $15 per day for a rental that you fail to return to Scootly by the end of the rental period.

SECTION 20 - SAFETY CHECK

Upon receiving Your Scooter(s), and prior to each use of Your Scooter(s), You are advised to conduct a basic safety inspection of the Scooter, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) good condition of the frame; (iv) sufficient battery charge power; and (iv) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. If an inspection reveals any safety problems or concerns, You agree to refrain from operating the subject Scooter(s), and to immediately notify Scootly of such problems or concerns via the Scootly Site.

SECTION 21 - MISSING ELECTRIC SCOOTER

A Scooter shall be designated as “missing” if it is  stolen,  if You fail to pay any and all payments owed by You for your rental of the Scooter while it is in your possession or control, or if it is otherwise unavailable for return to Scootly for any reason at the end of the term. Scootly shall have the authority to take any and all actions it deems appropriate to recover and/or mitigate loss due to missing Scooters, including (without limitation) obtaining restitution and other appropriate compensation and damages, and filing a police report with local authorities. Scootly may, in its sole discretion, replace missing scooters with payment of a fee up to the replacement value of the Scooter plus administrative and processing fees. Rider shall be responsible for immediately filing a police report for missing and/or stolen property as soon as reasonably possible. Rider will be responsible for a fee of up to full retail price for non-returned Scooter, as determined in Scootly’s sole discretion, depending on the totality of circumstances. Scootly reserves the right to take legal action against  anyone who deprives Scootly of its property to the fullest extent permissible under law. You agree to cooperate with Scootly, Scootly partners, and law enforcement, in any investigation related to the loss of Scootly property.

SECTION 22 - HELMETS AND SAFETY

Scootly recommends that You wear a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions. Scootly and all other Released Persons do not represent or warrant the quality or safety characteristics of any helmet, and Rider agrees that none of the Released Persons are liable for any injury suffered by Rider while using any of the Scootly Services, whether or not You were wearing a helmet at the time of injury. Rider assumes all risk of not wearing a helmet or other protective gear. Rider may also need to take additional safety measures or precautions not specifically set forth in this Agreement, including obeying local safety rules and measures. Any helmets provided as part of the Scootly On-Demand program may have had prior use and Scootly makes no guarantees for the quality or safety characteristics of such helmets; such helmets are provided as emergency equipment only, and are not regularly inspected. Rider shall always use their own safety equipment that is personally inspected when riding a Scooter.

SECTION 23 - SCOOTER ROUTES NOT PART OF SCOOTLY SERVICES

You agree that the Scootly Services do not include providing, maintaining or guaranteeing safe, permissible locations to ride Scooters in Your area or location.  You are responsible at all times for determining what (if any) safe, permissible locations there are to operate Scooters.

SECTION 24 - CONTACT

Scootly may be contacted by emailing info@ridescootly.com

SECTION 25 - BINDING ARBITRATION AND CLASS ACTION WAIVER

Binding Arbitration and Class Action Waiver.  PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

25.1 Best Efforts.  The parties shall use their best efforts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating mediation, arbitration, or a lawsuit.

25.2 Binding Arbitration.  If the parties do not reach an agreed upon solution through the support process, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to use, rental, and subscription of a Scooter, this Agreement, and the parties’ relationship with each other shall be finally settled by binding arbitration administered by JAMS, or alternatively a mutually agreed upon arbitrator or arbitration service, under applicable commercial arbitration rules for JAMS (or the mutually agreed upon arbitration service), excluding any rules or procedures governing or permitting class actions.

The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Scootly will pay the additional cost. The arbitration rules also permit You to recover attorneys’ fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in a court of law.

25.3 Location. The exclusive location of arbitration will be Austin, Texas, or at a mutually agreed upon location (at Scootly’s sole discretion).

25.4 Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND Scootly AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

25.5 Litigation of Intellectual Property or Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in the proper state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

25.6 Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of Your decision to opt-out to the following email address: info@ridescootly.com. The notice must be sent within thirty (30) days of the effective date or Your first use of the Service, whichever is later, otherwise You shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If You opt-out of these arbitration provisions, Scootly also will not be bound by them.

25.7 Changes to this Section.  Scootly will provide prior written notice of any changes to this section. Changes will become effective only after prior written notice and will apply prospectively only to any claims arising after the notice period.

SECTION 26 - RELEASES; DISCLAIMERS; ASSUMPTION OF RISK

As consideration for use and enjoyment of Scootly Services by You, You agree to fully release, indemnify, and hold harmless (i) Scootly and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns; (ii) to the fullest extent permitted by law, any municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) in which You have utilized the Scootly Services; and (iii) every property owner or operator with whom Scootly has contracted to operate Scootly Services and all of such parties’ owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns ((i), (ii) and (iii) collectively, the “Released Persons”) from liability for all Claims arising out of or in any way related to Your use of the Scootly Services, including but not limited to, Claims based on Released Persons’ alleged sole or partial negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons’ gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims.

As used herein, “Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney’s fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to You, or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Scootly Services, including any of the Scooters, placement, equipment, maintenance, related information, this Agreement or (b) Your use of any of the foregoing.

To the fullest extent permitted by law, and as to Your use of the Scootly Services, Scootly and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All of the Scootly Services (including Scooters and related equipment) are provided “as is” and “as available,” and You rely on them at Your own risk.

You expressly acknowledge that use of the Scootly Services involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to You, pedestrians or others, and/or damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Such risks, dangers, and hazards, include, but are not limited to: road obstacles; pedestrian movement; traffic, road or weather conditions; failure to follow applicable laws; commission of any prohibited acts identified in Section 9; failure to perform safety checks pursuant to Section 14; failure to wear or fasten a helmet; and negligent acts or omissions by Scootly any other Released Persons.

You are solely and fully responsible for the safe operation of the Scooter(s) at all times. You agree that Scooters are machines that may malfunction (even if properly maintained), and that any such malfunction may cause injury. You assume full and complete responsibility for all related risks, dangers, and hazards, relating to the Scooter(s) and Scootly Services.

To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims which You do not know or suspect to exist in Your favor at the time you enter into this Agreement or use the Scootly Services (whichever is earlier), and You expressly waive Your rights under any statutes that purport to preserve Your unknown claims (if any).

SECTION 28 - FINAL AGREEMENT; MODIFICATION BY SCOOTLY

This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, without Your consent, Scootly may unilaterally amend, modify, or change this Agreement, in its sole discretion. By continuing to use any of the Scootly Services after any amendment, modification, or change, You agree to be bound by all such amendments, modifications, and changes.  Whenever a change is made to this Agreement, Scootly will post a notification on the Scootly Site.  You should carefully review this Agreement and the Scootly Site on a regular basis to maintain awareness of all amendments, modifications, and changes.

SECTION 29 - CONTRACT INTERPRETATION

Headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not to be exclusive in its meaning. “Including” means “including, but not limited to.” Unless context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.

SECTION 30  - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 31 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 32 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 33 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 34 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 35 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our services will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Scootly, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 36 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Scootly and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 37 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 38 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 39 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 40 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 29 Liberty Avenue, Mineola, NY, 11501, United States.

SECTION 41 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 42 - YOUR ACCEPTANCE OF AGREEMENT

I certify that I have read and expressly agree to the terms and conditions set forth in this Agreement. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law.