Rental Agreement
Waiver of Liability and Release
Effective Date: May 4, 2022.
SCOOTEROPS’S SERVICES – SPECIFICALLY “BUYING” AND “RENTING”
SCOOTERS ARE MADE AVAILABLE TO YOU ONLY ON THE CONDITION THAT
YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS PURCHASING
AND RENTAL AGREEMENT, WAIVER OF LIABILITY AND RELEASE
(“AGREEMENT”). BY ACCEPTING THIS AGREEMENT OR BY USING THE
SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND
AGREE TO BE BOUND BY ALL OF ITS TERMS.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS AN ARBITRATION
PROVISION AND A WAIVER OF CLASS ACTION RIGHTS AS SET FORTH IN
SECTION 9 BELOW. BY AGREEING TO ARBITRATION, YOU WAIVE YOUR RIGHT
TO HAVE ANY DISPUTE HEARD IN COURT BY A JUDGE OR JURY. BY AGREEING
TO WAIVE CLASS ACTION RIGHTS, YOU AGREE TO ASSERT CLAIMS AGAINST
SCOOTEROPS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING.
This Agreement is a legally binding agreement between you (“Rider”, “You”, or “Your”)
and ScooterOPS, (“ScooterOPS, ScooterOPS.com”). You and ScooterOPS are
sometimes referred to in this Agreement as a “Party” or as the “Parties.” This
Agreement sets forth the terms and conditions that govern Your use of both
ScooterOPS’s electric scooters (the “Mobility Device(s)”) and all other equipment,
software, services and information provided or made available to You by ScooterOPS in
accordance with this Agreement (collectively, the “Services”).
You should carefully read this Agreement in its entirety before accepting it or
using the Services but set forth below is a list of certain terms that ScooterOPS
wants to bring to your initial attention.
● You must be at least 18 years old, weigh 275 pounds or less, and be in proper
physical condition to operate any ScooterOPS Mobility Device.
● You may not allow anyone else to use a Mobility Device that You have activated, nor
may You carry an additional person or child on a Mobility Device.
● It’s Your responsibility to conduct a safety inspection of a Mobility Device before
initiating operation.
● You must lock and secure the Mobility Device to the best of Your ability during Your
rental period when You are not using it. If You fail to do so, You will continue to be
charged the rate(s) specified at www.scooterops.com. Specifically a “Lithium Battery
Abandonment” Fee or a similar “Property Loss” Fee. The maximum charge for a
single trip is $450 for 24 hours–or the equivalent of the value of the Mobility Device.
For additional information regarding rental charges, see Section 2.4 below.
● During your rental period, You must park the Mobility Device in an accessible area.
Preferably and properly utilizing a public “Bicycle Rack.” Do not leave a Mobility
Device in any restricted area, such as on private property, in a locked area or any
other non-public or inaccessible space.
● You must obey all local laws when operating a Mobility Device, including, without
limitation, traffic laws, helmet laws, rules and regulations pertaining to moving
vehicles and/or parking, and those which are intended to protect pedestrians.
● You must promptly report a damaged, malfunctioning or stolen Mobility Device to
ScooterOPS as soon as possible from the time of incident.
1. Rental and Use.
1.1 Sole Responsibility. You and ScooterOPS are the only parties to this Agreement.
You are the sole renter of the Mobility Device and You are solely responsible for
compliance with the terms of this Agreement. When You “Purchase” or “Rent” a Mobility
Device, You are the only one that can use it. You may not allow anyone else to use a
Mobility Device that You have “Purchased” or “Rented.”
1.2 Safe Operation. You represent and certify that You are at least 18 years old, do not
weigh more than 275 pounds, and are in proper physical condition to operate a Mobility
Device without risk to Yourself or others. You acknowledge and agree that You are
responsible for determining whether the prevailing weather, visibility, traffic and or
environmental conditions make it dangerous to operate a Mobility Device. If at any time
You believe that conditions are unsafe or that You are no longer in proper physical
condition to operate a Mobility Device, You will immediately discontinue such operation.
1.3 Personal Safety. You acknowledge that ScooterOPS 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 at all times while operating a
Mobility Device. You acknowledge that You may need to take additional safety
measures or precautions not specifically addressed in this Agreement. You
acknowledge and agree that Your failure to wear a helmet or take additional safety
precautions is done at Your own will and risk. You acknowledge and agree that
ScooterOPS is not liable for any injury (or death) suffered by You while using the
Services or operating a Mobility Device, whether or not You are wearing a helmet at the
time of injury.
1.4 Mobility Device Safety Inspection. You agree to conduct a basic safety inspection
before using a Mobility Device, checking for signs of damage, unusual or excessive
wear, or other mechanical problems or maintenance issues. You agree not to operate a
Mobility Device if there are noticeable issues, and to immediately notify ScooterOPS of
any such issues.
1.5 Area of Use. You acknowledge that: (a) ScooterOPS does neither provide nor
maintain places to ride Mobility Devices but merely “suggests” public, safe, places on
the ScooterOPS Website; (b) ScooterOPS does not guarantee that there will always be
a safe place to ride a Mobility Device; and (c) roads, sidewalks, traffic lanes, and routes
may become dangerous due to weather, traffic, or other hazards. You agree to use and
operate Mobility Devices only in metropolitan areas where it is permitted to do so. You
agree that You will not operate or use a Mobility Device on rough terrain or even
unpaved roads, through water (beyond normal urban riding), or in any location that is
prohibited, illegal and/or a nuisance to others.
1.6 Issues Inherent to Mobility Devices. You acknowledge that the Mobility Device is
an electric vehicle and that the level of charge power at the time You initiate operation,
and the distance and/or time that You may operate the Mobility Device before charge
power decreases or is lost, is not guaranteed and will vary with each rental. You agree
that it’s Your responsibility to check the charge power level before initiating operation
and You understand that the Mobility Device may run out of power and cease to operate
at any time during Your rental, including before You reach Your desired destination.
1.7 Compliance with Laws. You agree to follow all applicable laws pertaining to using,
riding, parking and operating a Mobility Device, including, without limitation, traffic laws,
helmet laws, rules and regulations pertaining to moving vehicles and/or parking, and
those which are intended to protect pedestrians.
1.8 No Tampering. You agree that you will not tamper with, attempt to gain
unauthorized access to, or otherwise use any ScooterOPS systems or equipment other
than for purposes of renting/riding and using a Mobility Device pursuant to this
Agreement.
1.9 Mobility Device Condition Upon Return. You agree to return the Mobility Device
to ScooterOPS in the same condition in which it was rented. You will not be responsible
for normal wear and tear.
1.10 Limitation on Availability of Services. ScooterOPS does not represent or
warrant the availability of the Services or of a Mobility Device at any time. You agree
and acknowledge that the Mobility Devices are not available 24 hours a day, 7 days per
week, 365 days per year. You acknowledge that the number of Mobility Devices is
limited and that Mobility Device availability is never guaranteed. You agree that
ScooterOPS may require You to return a Mobility Device at any time.
1.11 Reporting of Certain Events. You agree to promptly report to ScooterOPS any
accident or collision involving, or damage, loss or theft of, a Mobility Device. In addition,
You agree to file a report with the local police department within 24 hours of any
incident resulting in personal injury or property damage.
1.12 Damaged Mobility Devices. You accept full responsibility for the Mobility Device
and agree to pay for any damage to the Mobility Device at full retail value if damaged to
the extent that repairs are not practical or feasible.
1.13 Lost or Stolen Mobility Device. A Mobility Device may be deemed lost or stolen if
(a) it is not returned within 72 hours of the end of the rental agreement; (b) it is parked in
a restricted area, on private property, in a locked area, or in any other non-public space;
(c) other facts and circumstances suggest to ScooterOPS in its reasonable good faith
determination that it has been lost or stolen. You agree that You, if the last rider of the
Mobility Device, will be responsible for a lost or stolen Mobility Device unless facts and
circumstances suggest otherwise to ScooterOPS in its reasonable good faith
determination. If ScooterOPS deems a Mobility Device lost or stolen, ScooterOPS will
have the authority to take any and all actions it deems appropriate, including, without
limitation, obtaining restitution and other appropriate compensation and damages and
filing a police report with local authorities. The data generated by the Service’s system
is conclusive evidence of the period of use of a Mobility Device by a Rider. You must
report the disappearance or theft of a Mobility Device as soon as you become aware of
it. You acknowledge and agree that You are responsible and liable for any
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 stolen or lost Mobility Device.
1.14 Prohibited Acts. You agree that:
● You won’t carry any briefcase, backpack, bag, or other item that might impede Your
ability to safely operate the Mobility Device.
● You won’t use a smartphone or other device that may distract You from safely
operating the Mobility Device.
● You won’t operate a Mobility Device when under the influence of alcohol, any illegal
drug, or any intoxicant, narcotic, prescription medicine, or other drug which could
impair Your ability to safely operate the Mobility Device.
● You won’t carry an additional person or child on a Mobility Device.
● You won’t use the Mobility Device for hire, or for racing, off-road, stunt or trick riding.
● You won’t park a Mobility Device in any restricted area, such as on private property, in
a locked area or any other non-public or inaccessible space.
● You won’t dismantle, modify, repair or deface a Mobility Device, any part of a Mobility
Device, or any other ScooterOPS equipment in any way, nor will you mark on, peel off
or otherwise tamper with any sticker on a Mobility Device.
● You won’t ride or park a Mobility Device on any roads, driveways or surfaces likely to
cause damage to the Mobility Device.
1.15 ScooterOPS Owns the Mobility Devices. You acknowledge and agree that
ScooterOPS will at all times retain exclusive ownership and title to the Mobility Device
and any equipment attached thereto.
2. Payment and Fees.
2.1 Fees. You may use the Mobility Device on a pay per ride basis or otherwise in
accordance with the pricing described on the ScooterOPS.com Website or App. Fees
and other charges may be subject to applicable taxes and other local government
charges, which may be charged and collected by ScooterOPS. ScooterOPS will charge
the fees as described in this Agreement using Your agreed payment method.
2.2 Agreed Payment Method. You represent and warrant that (a) the credit or debit
card information that You provide is true, correct and complete, (b) You are duly
authorized to use such card for the purchase of the Services, (c) charges incurred by
You will be honored by the card company, and (d) You will pay charges incurred by You
at ScooterOPS’s current prices, regardless of the amount quoted on the App at the time
the charges are incurred. If You dispute any charge, you must contact ScooterOPS
within 10 business days from the end of the month in which the disputed charge was
made and provide ScooterOPS with all information necessary to identify and investigate
the disputed charge.
2.3 Promotional Codes. Promotional codes, if any, are only redeemable via the
ScooterOPS.com Website or App. Promotional codes are limited to one per customer
and account, and may not be combined with other offers, or be transferred or resold.
ScooterOPS reserves the right to modify or refuse application of a promotional code at
any time.
2.4 Maximum Rental Time and Charges. Maximum Mobility Device rental time is 7
days. Though You may immediately reactivate, You agree to deactivate the rental within
24 hours of the time that Your rental began. You agree that You are solely responsible
for being aware of time elapsed since initiation of a Mobility Device rental. The
maximum weekly charge of $70 (or $10 per day) is based on a calendar week. In the
event of the late return of a Mobility Device, You will be charged the greater of
accumulated rental charges, or the maximum weekly charge. Mobility Devices not
returned (locked and secured) within 48 hours may be considered lost or stolen and
ScooterOPS may file a police report and/or charge You up to $450. ScooterOPS may
also charge You a service fee of $10 per day for rentals in excess of 24 hours where the
Mobility Device is not actually lost or stolen.
2.5 Pick Up Fees. If You are unable to return a Mobility Device to a valid area (i.e., You
deactivate the Mobility Device in a restricted area), and request that it be picked up by
ScooterOPS, ScooterOPS may, at its sole discretion, charge You a “Pick-Up” Fee or
similar, “Lithium Battery Abandonment” Fee, or even “Property Loss” Fee up to $450. If
any Mobility Device accessed under Your account is abandoned without notice, You will
be responsible for all Trip Fees until the Mobility Device is recovered and deactivated,
plus a service charge (currently $450) to recover the Mobility Device.
All fees are subject to change in ScooterOPS’s sole discretion.
3. Releases; Disclaimers; Limitation of Liability;
Assumption of Risk; Indemnification.
3.1 Releases. You (acting for Yourself and for all of Your family, heirs, agents, affiliates,
representatives, successors and assigns) (each, a “Releasing Party” and collectively,
the “Releasing Parties”) do hereby fully and forever release and discharge
ScooterOPS and its affiliates, and each of its and their directors, officers, owners,
partners, advisors, shareholders, managers, employees, agents, representatives,
insurers, successors, and assigns, to the fullest extent permitted by law, any
municipality (including its elected and appointed officials, officers, employees, agents,
contractors, and volunteers) in which You utilize the Services, and every property owner
or operator with whom ScooterOPS has contracted to operate the Services, and all of
such parties’ owners, managers, affiliates, employees, contractors, officers, directors,
shareholders, agents, representatives, successors, and assigns (each, a “Released
Party” and collectively, the “Released Parties“) from any and all injuries (including, but
not limited to, death), losses, damages, claims (including, but not limited to, negligence
claims), demands, lawsuits, expenses, and any other liability of any kind (collectively,
“Claims”), of or to You, Your property, or any other person, arising directly or indirectly
out of or in connection with Your use of any of the Services including, but not limited to,
the rental, use, operation or malfunction of a Mobility Device, even if it is due to the
negligence, injudicious act, omission, or other fault of a Released Party. Such releases
are intended to be general and complete releases of all Claims. The Released Parties
may plead such releases as a complete and sufficient defense to any Claim, as
intended third-party beneficiaries of such releases.
You understand and agree, that, except where expressly prohibited by law, You elect to
and do assume all risks for Claims, known or unknown, suspected or unsuspected,
arising under this Agreement, and specifically waive any rights that You may have
under any statute or common law principle in any jurisdiction. You understand and
agree that if You later discover facts different from or in addition to those that You know
or believe to be true, such waivers and releases will be and remain effective in all
respects notwithstanding such different or additional facts or the discovery of such facts.
3.2 Disclaimers. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”
AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK. NEITHER SCOOTEROPS
NOR ANY OF THE OTHER RELEASED PARTIES REPRESENTS OR WARRANTS
THAT ANY MOBILITY DEVICE OR RELATED EQUIPMENT WILL BE IN GOOD
REPAIR, ERROR-FREE OR OPERABLE.
NEITHER SCOOTEROPS NOR ANY OTHER RELEASED PARTY MAKES ANY
WARRANTY, EXPRESS OR IMPLIED, OR VIA COURSE OF DEALING, COURSE OF
PERFORMANCE, USAGE OF TRADE OR OTHERWISE, WITH RESPECT TO THE
SERVICES, AND ALL REPRESENTATIONS AND WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
EXPRESSLY DISCLAIMED.
3.3 Limitation of Liability. YOU HEREBY ACKNOWLEDGE AND AGREE THAT,
EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, NEITHER SCOOTEROPS
NOR THE OTHER RELEASED PARTIES ARE RESPONSIBLE OR LIABLE FOR ANY
CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK,
DANGER OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR
INABILITY TO USE, ANY OF THE SERVICES, A MOBILITY DEVICE OR RELATED
EQUIPMENT, (C) YOUR BREACH OF THIS AGREEMENT OR VIOLATION OF ANY
LAW, (D) YOUR NEGLIGENCE, MISCONDUCT OR OTHER ACTION OR INACTION,
(E) YOUR FAILURE TO WEAR A HELMET WHILE USING A MOBILITY DEVICE, OR
(F) ANY THIRD PARTY’S NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR
INACTION.
YOU HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING,
INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
STATUTE OR OTHERWISE.
THE CUMULATIVE LIABILITY OF SCOOTEROPS AND THE OTHER RELEASED
PARTIES FOR ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, IS LIMITED TO THE SUM
OF $450.00.
SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION
OF IMPLIED WARRANTIES, AND, IF ANY OF THOSE LAWS APPLY TO YOU, THEN
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MIGHT NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
3.4 Assumption of Risk. You are solely and fully responsible for the safe operation of
the Mobility Device. You acknowledge that the Mobility Devices are machines that may
malfunction, even if properly maintained, and that such malfunction may cause injury.
You understand that operating a Mobility Device involves inherent risks and dangers of
accidents, emergency treatment, property loss or damage, serious personal and bodily
injury, death, and severe personal and economic losses. These may result not only from
Your own actions, inactions, or negligence, but also from the actions, inactions, or
negligence of others, the condition of the Mobility Device itself, or weather or road
conditions, among other causes. Further, there may be other risks not known to You or
reasonably foreseeable. You understand and have considered the risks involved, and
voluntarily and freely choose to assume those risks. By choosing to ride a Mobility
Device, You assume full and complete responsibility for all related risks, dangers, and
hazards, and You agree that neither ScooterOPS nor any other Released Party is
responsible for any injury, damage, or cost caused by You with respect to any person or
property, including the Mobility Device itself.
You understand that neither ScooterOPS nor the other Released Parties provide You
with any insurance (including, but not limited to, life, medical or liability insurance) for
any illness, accident, injury, loss, or damages that may arise in connection with Your
use or of the Services and/or operation of a Mobility Device. You agree that You will pay
Your own medical emergency expenses and all subsequent medical expenses
associated with any illness, accident, or injury arising from or relating to Your use of the
Mobility Device.
3.5 Indemnification. YOU EXPRESSLY AGREE TO INDEMNIFY, DEFEND, AND
HOLD HARMLESS SCOOTEROPS AND THE OTHER RELEASED PARTIES FROM
AND AGAINST ANY AND ALL LOSSES, EXPENSES, DAMAGES, AND COSTS,
INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES, ARISING
FROM OR RELATING TO YOUR USE OF THE SERVICES OR OPERATION OF A
MOBILITY DEVICE, INCLUDING, BUT NOT LIMITED TO, YOUR BREACH OF ANY
PROVISION OF THIS AGREEMENT. You will use Your best efforts to cooperate in the
defense of any claim and acknowledge and agree that a Released Party may, at its own
expense, employ separate counsel and assume the exclusive defense and control of
any matter otherwise subject to indemnification under this Agreement.
4. Term and Termination.
4.1 Term. The term of this Agreement begins when You first use the Service and ends
10 years after Your last use of the Services; provided, however, that Your personal
financial responsibility under this Agreement expires one year after Your last use of the
Services.
4.2 Termination by ScooterOPS or by You. At any time and without notice or consent,
ScooterOPS may unilaterally terminate Your right to use the Services. You may
terminate Your use of the Services at any time; provided, however, that (a) no refund
will be provided by ScooterOPS, (b) the term of this Agreement will continue as set forth
in Section 4.1 above, and (c) You may still be charged applicable additional fees in
accordance with this Agreement. This Agreement remains in full force and effect, in
accordance with its terms and conditions, after any termination of Your right to use any
of the Services, regardless of how the Agreement is terminated.
- Confidentiality of Information; Privacy Policy. All personally identifiable
information that is held by ScooterOPS, including, without limitation, names,
addresses, phone numbers, email addresses, credit and debit card numbers, and
pass numbers will be kept by ScooterOPS in accordance with its privacy policy, which
is accessible at www.scooterops.com; provided, however, that if there is any accident
where You are unable to communicate personal information to the appropriate
authorities, ScooterOPS may, in its sole discretion, provide Your name, address,
phone number, and other important information to such authorities. - Authorization to Use Image and Likeness. You hereby irrevocably permit,
authorize, grant, and license ScooterOPS and its affiliates, successors and assigns,
and their respective licensees, advertising agencies, promotion agencies and
fulfillment agencies, and the employees, officers, directors, and agents of each and all
of them (“Authorized Persons”), the rights to display, publicly perform, exhibit,
transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt,
create derivative works, exploit, sell, rent, license, otherwise use, and permit others to
use Your image, likeness, appearance and other personal characteristics, and all
materials created by or on behalf of ScooterOPS that incorporate any of the foregoing
(collectively, “Materials“) in perpetuity throughout the universe in any medium or
format whatsoever now existing or hereafter created on any platform and for any
purpose, including, but not limited to, advertising, public relations, publicity and
promotion of the Services without further consent from, or royalty, payment, or other
compensation to, You.
You agree that ScooterOPS will be the exclusive owner of all rights, including copyright,
in the Materials, and You acknowledge and agree that You have no right to review or
approve Materials before they are used by ScooterOPS. Your further agree that
ScooterOPS has no liability to You for any editing or alteration of the Materials or for
any distortion or other effects resulting from ScooterOPS’s editing, alteration, or use of
the Materials, or ScooterOPS’s presentation of You. Any credit or other
acknowledgment of You, if any, will be determined by ScooterOPS in ScooterOPS’s
sole discretion. ScooterOPS has no obligation to create or use the Materials or to
exercise any rights granted herein.
To the fullest extent permitted by applicable law, You hereby irrevocably waive all legal
and equitable rights relating to all liabilities, claims, demands, actions, suits, damages,
and expenses, including, but not limited to, claims for copyright or trademark
infringement, infringement of moral rights, libel, defamation, invasion of any rights of
privacy (including intrusion, false light, public disclosure of private facts, and
misappropriation of likeness), violation of rights of publicity, physical or emotional injury
or distress, or any similar claim or cause of action in tort, contract, or any other legal
theory, now known or hereafter known, in any jurisdiction throughout the world arising
directly or indirectly from the Authorized Persons’ exercise of their rights under this
Section 6 or the production, exhibition, exploitation, advertising, promotion, or other use
of the Materials, and covenant not to make or bring any claim described herein against
any of the Authorized Persons, and forever release and discharge each Authorized
Person from liability under such claims.
- Notice. ScooterOPS may be contacted by emailing us at support@scooterops.com
or chris@scooterops.com - Governing Law; Dispute Resolution. You and ScooterOPS each agree that this
Agreement and any dispute arising out of or relating to this Agreement will be
governed by the laws of the State of Arizona or the State of Massachusetts without
regard to its choice or conflict of law provisions or rules. Any and all claims, causes of
action or disputes (regardless of theory) arising out of or relating to this Agreement
will be settled exclusively by arbitration involving one arbitrator and administered by
the American Arbitration Association or its successor in accordance with its
Commercial Arbitration Rules or other applicable rules as determined by the
arbitrator. Arbitration proceedings will be conducted in Phoenix, Arizona in the English
language, and, at the request of either Party, result in a written statement of the facts
and legal reasoning supporting the decision of the arbitrator. The arbitrator may
award any individual relief or individual remedies that are permitted by applicable law.
Judgment on an award rendered by the arbitrator may be entered in any court having
jurisdiction thereof. The arbitration will be confidential, and neither You nor
ScooterOPS may disclose the existence, content or results of any arbitration, except
as may be required by law or for purposes of enforcement of the arbitration award.
The costs of arbitration will be borne equally by the Parties, with each Party paying its
own attorneys’ fees and expenses unless there is a statutory provision that requires
otherwise; in such instance, the fees and costs awarded will be determined by
applicable law. - Waiver of Class and Collective Actions. To the fullest extent permitted by
applicable law, YOU AND SCOOTEROPS AGREE THAT (A) ANY CLAIM BROUGHT
BY YOU AGAINST SCOOTEROPS THAT ARISES FROM OR RELATES TO THIS
AGREEMENT WILL NOT BE ASSERTED AS A CLASS ACTION OR COLLECTIVE
ACTION, WHETHER IN ARBITRATION, COURT OR ANY OTHER FORUM, AND (B)
THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S
CLAIMS, NOR OTHERWISE PRESIDE OVER ANY FORM OF A
REPRESENTATIVE OR CLASS PROCEEDING AND MAY NOT AWARD CLASS-
WIDE RELIEF. Disputes between the Parties arising from or relating to this
Agreement will be resolved only on an individual basis and will not be joined or
consolidated with any other proceeding that involves any claim or controversy of any
other party. Neither Party will have a right to resolve such disputes on a class action
basis or on any basis involving such disputes brought in a purported representative
capacity on behalf of other persons or entities similarly situated or the general public. - Waiver and Severability. No waiver of any breach of any provision of this Agreement
is a waiver of any other breach or of any other provision of this Agreement. The
provisions of this Agreement are independent of and separable from each other, and
no provision will be affected or rendered invalid or unenforceable by virtue of the fact
that, for any reason, any other provision hereof may be invalid or unenforceable in
whole or in part.
- Cumulative Remedies. All rights and remedies granted under or referred to in this
Agreement are cumulative and nonexclusive, and resort to one does not preclude the
availability or applicability of another or to any other right or remedy provided by law. - Final Agreement; Unilateral Modification. This Agreement contains the complete,
final and exclusive integrated agreement between the Parties with respect to its
subject matter and supersedes all prior agreements, whether written or oral, relating
to such subject matter. At any time and from time to time, and without Your consent,
ScooterOPS may unilaterally amend, modify or change this Agreement, in its sole
discretion and without any notice or cause. By continuing to use any of the Services
after any such amendment, modification or change, You agree to be bound by all
such amendments, modifications and changes. You must carefully review this
Agreement on a regular basis to maintain awareness of all amendments,
modifications and changes. Whenever a change is made to this Agreement,
ScooterOPS will post a notification on its website at www.scooterops.com (the
“Website”). The pricing set forth on the Website supersedes all pricing set forth in this
Agreement or elsewhere. - Contract Interpretation. The headings in this Agreement do not affect the
interpretation of this Agreement. “Or” is not exclusive in its meaning. “Including”
means “including, but not limited to.” Unless the context otherwise requires, words in
the singular number or in the plural number will each include the singular number or
the plural number. All pronouns include the masculine, feminine and neuter pronoun
forms. - Voluntary Execution of this Agreement. This Agreement is entered into voluntarily
and without any duress or undue influence by or behalf of ScooterOPS. You
acknowledge that You (a) have read this Agreement; (b) understand the terms and
consequences of this Agreement, including the releases it contains; and (c) are fully
aware of the legal and binding effect of this Agreement.
RIDER ACCEPTANCE OF AGREEMENT
I certify that I am the Rider, I am at least 18 years old, and I have read and
expressly agree to the terms and conditions set forth in this Agreement.
Name:
Date: