TERMS OF SERVICE & USER AGREEMENT
PLEASE READ EACH PROVISION OF THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES (DEFINED BELOW). BY ACCESSING AND/OR USING OUR SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT AND THE CONDITIONS OF USE STATED HEREIN, INCLUDING THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS, DO NOT USE THE SERVICES.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS FURTHER DETAILED IN SECTION 2 BELOW. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. BY AGREEING TO WAIVE CLASS ACTION RIGHTS, EACH PARTY AGREES THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION.
This Terms of Service & User Agreement, together with all updates, supplements, additional terms, and any rules and policies referenced herein (collectively, the “Agreement”) is a legally binding agreement between you, the user (“You,” “Your,” or “User”) and OjO Electric LLC (“OjO,” “We,” “Us,” or “Our”). This Agreement states the terms and conditions that governs Your use of the OjO Services (as defined below).
Our “Services” are comprised of Our electric scooter rental program, parking and charging locations and all related equipment, maintenance, charging of the Scooters, personnel, Our website and mobile application (the “App”), other software and information provided or made available by Us
We agree to allow You to rent the Scooters, subject to the terms and conditions set forth herein. Unless otherwise indicated, all monetary values set forth in this Agreement will be deemed to be denominated in U.S. dollars.
1. RENTAL AND USE OF SCOOTERS.
1.1. You are the sole User of the Services: You certify and expressly agree that You are the sole renter and You are responsible for compliance with all terms and conditions contained in this Agreement. You understand that when You activate a Scooter, the Scooter must be used ONLY BY YOU. You must not allow others to use a Scooter that You have activated.
1.2. You are At Least 18 Years Old: You represent and certify that You are at least 18 years old, and that You have a valid driver’s license. OPERATION OR USE OF ANY SCOOTERS BY ANY MINOR IS EXPRESSLY PROHIBITED. IF YOU ALLOW A MINOR TO USE A SCOOTER BY ACTIVATING IT THROUGH YOUR ACCOUNT, YOU WILL BE RESPONSIBLE FOR ANY AND ALL MISUSE, CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN.
1.3. You are a Competent Operator: You represent and certify that You are familiar with the operation of the Scooter, and You are reasonably competent and physically fit to use the Scooter. By choosing to ride a Scooter, You assume all responsibilities and risks for any injuries and/or medical conditions, as detailed further below. You are responsible for determining whether conditions, including rain, snow, hail, ice or electrical storms, and/or any other conditions, whether caused by the weather or otherwise, make it dangerous to operate a Scooter. You are advised to adjust Your riding behavior and braking distance to suit all conditions and variables, including weather and traffic.
1.4. Scooters are the Exclusive Property of OjO: You agree that the Scooters, and any OjO equipment attached thereto, at all times, remain the exclusive property of OjO. You must not dismantle, write on, or otherwise modify, repair or deface any Scooters, or any part of any of the Scooters, or any other OjO equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Scooters in any way. You must not use any Scooters for any advertising or commercial purpose.
1.5. Only Use Scooters Where Allowed: You expressly agree that You will only use the Scooters in areas where the Scooters are allowed. You agree that You will not use any Scooters in any restricted areas (such as cities that prohibit certain Scooters), and You assume all responsibility and liability for any operation of any Scooter in any restricted area, including any fines or fees as a result of Your use of any of the Scooters in any restricted areas. OjO reserves the right to charge You up to $35.00, in OjO’s sole and absolute discretion, if You use any of the Scooters in any restricted areas.
1.6. Compliance with Laws: You agree to follow all laws, rules, regulations, and/or ordinances pertaining to the use, riding and/or operation of the Scooters, including those pertaining to the Scooters in the area where You are operating the Scooters, including, without limitation, helmet laws. You expressly agree that You are responsible for becoming familiar with any and all applicable laws, rules, regulations, and/or ordinances in the location that You are operating any Scooter. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY VIOLATION OF ANY LAWS, RULES, REGULATIONS, AND/OR ORDINANCES WHILE USING THE SERVICES, INCLUDING IMPROPER RIDING AND/OR PARKING, AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY AND ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS, FEES (INCLUDING IMPOUNDING FEES CHARGED BY ANY LOCAL GOVERNMENT) AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN, AS A RESULT OF USING ANY OF THE SERVICES.
1.7. Payment of Fines and Fees: You agree to pay any fines, fees, penalties, impounding charges, and/or any other charges incurred by OjO, that result from You parking any Scooter improperly, or as a result of You violating any law, rule, regulation, and/or ordinance while using the Services.
1.8. Prohibited Acts: YOU EXPRESSLY CERTIFY AND AGREE THAT YOU WILL NOT: (a) operate any Scooter in violation of any laws, rules, regulations, and/or ordinances, including any and all rules pertaining to riding any Scooters on sidewalks and/or parking Scooters; (b) operate any Scooter while carrying any briefcase, backpack, bag, or other item if it impedes Your ability to operate safely the Scooter; (c) use any cellular telephone, text messaging Device, portable music player, and/or any other Device that may distract You from safely operating any Scooter unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in a safe manner while driving.
; (d) operate any Scooter while under the influence of any alcohol, drugs, medication, and/or any other substance that may impair Your ability to safely operate any Scooter; (e) carry any other person on any of the Scooters; (f) use any locking mechanisms on the Scooters other than those provided by OjO; (g) park any Scooter in a manner that does not strictly comply with all applicable laws, rules, regulations, and/or ordinances; and (h) park or place any Scooter in a manner that prevents OjO from accessing it. If You violate this Section, OjO may charge You up to $250.00, in Our sole and absolute discretion.
1.10. Scooters are Intended for Only Limited Types of Use: You agree that You will not use any Scooter for racing, mountain riding, stunt, or trick riding. You agree that You will not operate and/or use any Scooters on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal and/or a nuisance to others. You agree that You will not use any Scooters for hire or reward, nor use any Scooters in violation of any law, rule, regulation, and/or ordinance.
1.11. Weight and Cargo Limits: You must not exceed the maximum weight limit for any Scooters (300 pounds) or the cargo carrier/basket on any Scooters (40 pounds), and You must not otherwise use the cargo carrier improperly with regard to type of contents or any visual obstruction or riding impediment. You acknowledge that the front carrier/basket and/or back basket of any Scooter is intended for light goods only, and that You will not carry people or animals anywhere on any Scooter.
1.12. No Tampering: You must not tamper with, attempt to gain unauthorized access to, or otherwise use any Services in a manner that does not comply with this Agreement.
1.13. Reporting of Damage or Crashes: You must report any accident, crash, damage, personal injury, stolen or lost Scooter to OjO as soon as possible. If a crash involves personal injury, property damage, or a stolen Scooter, You will file a report with the local police department within 24 hours.
1.14. Assumption of Liability by You: YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY MISUSE, CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN, AS A RESULT OF USING ANY OF THE SERVICES.
1.15. You are Responsible for Scooter Damage; Vandalism: You agree to return any Scooter to OjO in the same condition in which such Scooter was rented. You agree that You will be responsible for the cost of repairing and/or replacing any Scooter that You damage and/or cause damage to. You will not be responsible for normal wear and tear of the Scooters. If You vandalize any Scooter, You will be liable for up to $1,750.00 for each Scooter, in OjO’s sole and absolute discretion.
1.16. Availability and Usage of Scooters: You agree and acknowledge that Scooters may not be available at all times. Scooters require periodic charging of batteries in order to operate. You agree to use and operate Scooters safely and prudently and comply with all restrictions and requirements associated with Scooters, as set forth in any all applicable laws, rules, regulations, and/or ordinances. You understand and agree to the following: (a) the level of charge power remaining in the Scooter will decrease with use of the Scooter (over both time and distance), and that as the level of charge power decreases, the speed and other operational capabilities of the Scooter may decrease (or cease in their entirety); (b) the level of charging power in the Scooter at the time You initiate the rental or operation of Scooter is not guaranteed and will vary with each rental use; (c) the rate of loss of charging power during the use of the Scooter is not guaranteed and will vary based on the Scooter, road conditions, weather conditions and/or other factors; (d) it is Your responsibility to check the level of charge power in the Scooter and to ensure that it is adequate for the ride before initiating operation of the Scooter, and (e) OjO does not guarantee the distance and/or time that You may operate any Scooter before it loses charging power completely. The Scooter may run out of charging power and cease to operate at any time during Your rental of the Scooter, including before reaching Your desired destination.
2. ARBITRATION; CLASS ACTION WAIVER; DISPUTE RESOLUTION.
2.1. Dispute Resolution: Certain portions of this Section 2 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and OjO expressly agree and intend that this Section 2 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 2 can only be amended by mutual agreement.
2.2. Informal Resolution of Disputes and Excluded Disputes: If any controversy, allegation, or claim arises out of or relates to the Services, the Content, Your User-Submissions, this Agreement, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of OjO’s actual or alleged intellectual property rights (an “Excluded Dispute”), then You and OjO agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to You will be sent to You based on the most recent contact information that You provide us. But if no such information exists or if such information is not current, then We have no obligation under this Section 2.1. Your notice to us must be sent to: OjO, 201 Lombard Street, Oxnard, California 93030 (Attn: Legal Department). For a period of sixty (60) days from the date of receipt of notice from the other party, OjO and You will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either You or OjO to resolve the Dispute or Excluded Dispute on terms with respect to which You and OjO, in each of our sole discretion, are not comfortable.
2.3. Binding Arbitration: If We cannot resolve a Dispute as set forth in Section 2 (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND OjO (WHETHER BASED IN CONTRACT, LAW, STATUTE, RULE, REGULATION, ORDINANCE, TORT INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE, COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY SCOOTER, SERVICE OR ADVERTISING CONNECTED TO THE PROVISION OR USE OF THE SERVICES. The Federal Arbitration Act (“FAA”), not state law, will govern the arbitrability of all disputes between OjO and You regarding this Agreement (and any Additional Terms) and the Services, including the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. OjO and You agree, however, that State or federal law will apply to, and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between You and OjO regarding this Agreement and the Services, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to State’s choice of law principles.
2.4. Applicability of JAMS Rules and Location of Arbitration: A Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that You and an officer or legal representative of OjO consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where You are a resident at the time the Dispute is submitted to arbitration. You and OjO will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require OjO to pay a greater portion or all of such fees and costs in order for this Section 2 to be enforceable, then OjO will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator or arbitration panel, as the case may be, will apply and be bound by this Agreement and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award. All issues are for the arbitrator to decide, including arbitrability. This arbitration provision will survive termination of this Agreement or the Services. You can obtain JAMS procedures, rules, and fee information as follows: JAMS: 800.352.5267 and http://www.jamsadr.com.
2.5. Arbitrator’s Decision: The Arbitrator will render a written decision within the time frame specified in the JAMS Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The Arbitrator’s decision will be final and binding on all parties. The prevailing party in the arbitration will be entitled to an award of attorneys’ fees and costs, as long as the Arbitrator includes such an award of attorneys’ fees and costs in the written decision.
2.6. Limited Time to File Claims: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR OjO WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR OjO MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH HEREIN) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth herein; (b) filing for arbitration with JAMS as set forth herein; or (c) filing an action in state or Federal court.
2.7. Injunctive Relief: The foregoing provisions of this Section 2 will not apply to any legal action taken by OjO to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, any Content (as defined below), Your User Submissions (as defined below) and/or OjO’s intellectual property rights (including those that OjO may claim are in dispute), OjO’s operations, and/or OjO’s Scooters and/or Services.
2.8. No Class Action Matters: YOU AND OjO 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 OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There will be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 2 to arbitrate will not apply and the Dispute must be brought exclusively in court. Notwithstanding any other provision of this Section 2, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
2.9. Federal and State Courts in Ventura County, California: Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising out of or related to this Agreement, any Scooter, and/or any of the Services, may only be instituted in state or Federal court in Ventura County, California. Accordingly, You and OjO consent to the exclusive personal jurisdiction and venue of such courts for such matters.
2.10. Small Claims Matters Are Excluded from Arbitration Requirement: Notwithstanding the foregoing, either You or OjO may bring a qualifying claim or Dispute (but not Excluded Disputes) in small claims courts of competent jurisdiction.
3. PAYMENT AND FEES.
3.1. Fees: You may use the Scooters on a pay per ride basis or as otherwise in accordance with the pricing described in the App and on our website at www.ojoelectric.com. In each case, fees and other charges may be subject to applicable taxes and other local and/or state government charges, which may be charged and collected by OjO. OjO will charge Your credit card or debit card (collectively, Your “Card”) or other agreed payment methods the amount of the fees as described in this Agreement.
3.2. Promo Codes: Promo codes (“Discounts”) are one-time offers and can only be redeemed via the App. OjO reserves the right to modify or cancel Discounts at any time. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.
3.3. Maximum Rental Time and Charges: Maximum rental time is 24 hours. You agree that You will deactivate the Scooter rental within 24 hours of time that rental of the Scooter began. You may then rent again. You agree that You are solely responsible for being aware of any elapsed time related to timely locking any Scooter. The maximum charge is $125.00 for any Scooter based on a 24-hour period. After return of the Scooter, You will be charged the accumulated rental charges, or the maximum 24-hour charge; whichever is less. Scooters not returned (locked and a ride concluded) within 48 hours will be considered lost or stolen, and You may be charged up to $1,750.00 for each Scooter, and a police report may be filed against You. We may also charge a service fee of $35.00, in Our sole discretion, for rentals in excess of 24 hours where the Scooter is not considered lost or stolen.
3.4. Valid Credit Card or Debit Card: You must input a valid Card number and expiration date before You will be registered to use the Services. You represent and warrant to OjO that You are authorized to use any Cards You furnish to OjO. You authorize OjO to charge the Card for all fees incurred by You. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by OjO. If You dispute any charge on Your Card account, then You must contact OjO within 10 business days from the end of the month with the disputed charge, provide to OjO all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times. You agree to immediately inform OjO of all changes relating to Your Card.
3.5. Pick Up Fees: If You are unable to return any Scooter to a valid area (i.e., You deactivate a Scooter on private property, a locked community, and/or any other unreachable area), and request that the Scooter be picked up by OjO, then We, in Our sole and absolute discretion, may charge You a pick-up fee up to $150.00. If any Scooter accessed under Your account is abandoned without notice, You will be responsible for all fees until the Scooter is recovered and deactivated, plus a service charge of up to $150.00, to recover the Scooter. Fees are subject to change in OjO’s sole and absolute discretion, and without notice to You.
4. TERMS APPLICABLE TO SUBSCRIPTIONS AND AUTO-RENEWALS.
4.1. Generally: Prior to the purchase and/or rental of any Scooters or Services, You must provide us with a valid Card number and associated payment information including all of the following: (i) Your name as it appears on the Card, (ii) Your Card number, (iii) the Card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge Your Card or otherwise use a valid gift card. By submitting that information to us or our third party credit card processor, You agree that You authorize us and/or our processor to charge Your Card at our convenience but within thirty (30) days of Card authorization. For any Scooter or service that You order on the Services, You agree to pay the price applicable (including any sales taxes and surcharges) as of the time You submit the order. OjO will automatically bill Your Card or other form of payment submitted as part of the order process for such price. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in this Agreement will be disclosed at Your sign-up or in other communications made available to You. Some promotional memberships are offered by third parties in conjunction with the provision of their own Scooters and services. We are not responsible for the Scooters and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend Our offered membership plans.
4.2. Subscription Term & Termination: Except in the event of a free trial offer, Your subscription will commence as of the date Your payment for a subscription is received by OjO. Your subscription will continue in full force for the length of the term You specifically purchased or on a month-to-month term until such time as You cancel the subscription as further explained below (the “Subscription Term”). In the event that You cancel a subscription in the middle of Your Subscription Term, You will not be entitled to receive a refund for the unused portion of the remainder of that Subscription Term. OjO will have the right, upon written notice to You, to terminate this Agreement, and suspend Your access to their subscription, if: (a) You fail to pay OjO any amount due under this Agreement; and/or (b) You materially breach any term or condition of this Agreement. OjO will have the right to terminate this Agreement and suspend Your access to the subscription with or without cause, upon thirty (30) days written notice to You in which case You will no longer be charged for access to the subscription. Upon the expiration or termination of this Agreement for any reason, Your access to, and use of, their subscription will terminate.
4.3. Free Trials/Promotional Offerings: We may offer promotional trial subscriptions to access the Services for free for a limited time or at special discounted prices. If You sign up for a trial use, Your rights to use the Services are limited by the terms of such trial and will terminate or renew on the terms of Your trial arrangement and/or any applicable Additional Terms. Please be aware that when You sign up for a free trial, You will be required to provide Your Card number and OjO will confirm Your Card is valid. When We process Your Card, some credit card companies may place a temporary hold on Your account for Your first payment. Please contact Your Card company if You have questions. Please note that We do not provide price protection or refunds in the event of a price drop or promotional offering.
ONCE YOUR FREE TRIAL ENDS, WE OR A THIRD PARTY PAYMENT PROCESSOR WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES), UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR FREE TRIAL. IF YOUR FREE TRIAL ENDS AND YOUR SUBSCRIPTION BEGINS, YOUR SUBSCRIPTION WILL AUTO-RENEW AND YOU WILL BE BILLED ON A RECURRING BASIS FOR YOUR EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL. INSTRUCTIONS FOR CANCELING YOUR MEMBERSHIP SUBSCRIPTION ARE DESCRIBED BELOW. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE FREE TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE AND ABSOLUTE DISCRETION.
4.4. Auto-Renewal of Subscription Membership: Your subscription to the Services will automatically renew at the end of Your Subscription Term continuously and indefinitely without action by You, and the subscription membership fee will be charged to You at the time of renewal. Once Your membership fee has been paid You will be entitled to all privileges included in the membership until the membership is cancelled by You as set forth in the paragraph below. By providing Your payment method information for Your subscription, You are agreeing to pay a subscription fee (and any applicable taxes and service fees (collectively, “Fees”), that will automatically renew, at the then current rate, unless You cancel prior to the expiration of the current Subscription Term. The Fees will be charged to Your original payment method automatically at the beginning of Your Subscription Term, and at the beginning of each renewal Subscription Term thereafter on the calendar day corresponding to the commencement of Your current Subscription Term, unless You cancel Your subscription, or Your account is suspended or terminated pursuant to this Agreement. The renewal Subscription Term will be the same length as Your initial Subscription Term unless otherwise disclosed to You at the time of sale. The rate for the renewal Subscription Term will be the then current subscription-rate. The Fees charged to Your payment method may vary from Subscription Term to Subscription Term due to changes in Your subscription plan or applicable taxes, and You authorize OjO to charge Your payment method for these amounts. OjO reserves the right to change the pricing of subscription at any time. In the event of a price change, OjO will post the new pricing on the Services and attempt to notify You in advance by sending an email to the address You have registered for Your account. You agree that We may change the pricing We charge You for Your subscription and any Scooters/Services offered in Your subscription package by providing You with notice through an electronic communication from us and You agree that all agreements, notices, disclosures, and/or any other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. You consent to our ability to change our pricing and the details of our subscription packages through an electronic communication to You. If You do not wish to accept a price or subscription package change made by us, You may cancel Your subscription as described below, otherwise You will be deemed to have consented to the price/subscription package change and authorize OjO to charge the new Fees to Your payment method. If there are any discrepancies in billing, You hereby waive Your right to dispute such discrepancies if You do not notify OjO within sixty (60) days after they first appear on an account statement.
4.5. Cancellation of Subscription Membership: You have the right to cancel Your subscription membership at any time upon notice to OjO. To cancel Your subscription membership, please contact OJO Electric via email at firstname.lastname@example.org. There are no refunds or credits for partial months. Cancellation of initial membership any time after purchase will result in forfeiture of the membership fee. To avoid a late cancellation fee or forfeiture of the membership renewal fee, membership should be cancelled prior to the end of the then current Subscription Term. Upon cancellation, You will lose access to the areas of the Services designated for subscription members only. This could include any credit and other data and analyses that have been displayed during Your subscription membership.
4.6. Methods of Payment, Credit Card Terms and Taxes: All payments to OjO are made through a third party payment processor(s). We accept any and all methods of payment that Our third party payment processor(s) accept. We currently do not accept cash, personal or business checks or any other payment form, although in the future We may change this policy. Your Card issuer agreement governs Your use of Your designated Card, and You must refer to that agreement and not this Agreement to determine Your rights and liabilities as a cardholder. You represent and warrant that You will not use any Card or other form of payment unless You have all necessary legal authorization to do so. YOU, AND NOT OjO, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with Your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless You notify OjO of any discrepancies within sixty (60) days after they first appear on Your Card statement, You agree that they will be deemed accepted by You for all purposes. If OjO does not receive payment from Your Card issuer or its agent, You agree to pay all amounts due upon demand by OjO or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the Scooters. You are responsible for paying any such taxes or charges imposed on Your purchases, including, but not limited to, sales, use or value-added taxes. OjO will automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that it deems is required in accordance with our order policy in effect at the time of purchase.
4.7. Refund Policy: All purchase transactions made through the Services are subject to OjO’s return policy in effect at the time of purchase. Currently, OjO’s refund policy is to not offer any refunds for any subscriptions purchased through the Services, except in OjO’s sole and absolute discretion.
4.8. Order Acceptance Policy: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of Your order, nor does it constitute confirmation of our offer to sell. OjO reserves the right at any time after receipt of Your order to accept or decline Your order for any reason. OjO further reserves the right any time after receipt of Your order, without prior notice to You, to supply less than the quantity You ordered of any item. Your order will be deemed accepted by OjO upon our delivery of Scooters and/or Services that You have ordered. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, You agree that, if We cancel all or a portion of Your order or if We provide You less than the quantity You ordered, Your sole and exclusive remedy is either that: (a) We will issue a credit to Your Card account in the amount charged for the cancelled portion or the quantity not provided (if Your Card has already been charged for the order); or (b) We will not charge Your Card for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order You have placed with OjO has been effected until You receive a confirmation from OjO via email or the Services. As stated above, You will be responsible for, and Your Card or third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before Your cancellation/change request or a request to terminate Your account was received.
4.9. Modifications to Prices or Billing Terms: The purchase and/or rental of Scooters and/or Services is subject to availability. SCOOTERS AND SERVICES DISPLAYED ON THE SERVICES MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. OjO RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SERVICES OR BY ELECTRONIC DELIVERY TO YOU.
4.10. Account Registration And Security: You understand that You will need to create an account to have access to the Services. You will: (a) provide true, accurate, current and complete information about You as prompted by the Services’ registration or subscription page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or OjO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OjO has the right to suspend or terminate Your account and refuse any and all current or future use of the Services (or any portion thereof). You are entirely responsible for the security and confidentiality of Your password and account. Furthermore, You are entirely responsible for any and all activities that occur under Your account. You will not share Your account information or Your user name and password with any third party or permit any third party to logon to the Services using Your account information. You agree to immediately notify us of any unauthorized use of Your account or any other breach of security of which You become aware. You are responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Services. We have the right to provide Your billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business, or in some cases, as a result of mandatory data sharing with governments). Please note that anyone able to provide Your personally identifiable information will be able to access Your account so You should take reasonable steps to protect this information.
5. RELEASES; DISCLAIMERS; LIMITATION OF LIABILITY; ASSUMPTION OF RISK.
5.1. Releases: “Claims” means, collectively, and without limitation, 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 attorneys’ fees, whether incurred pre-litigation, pre-trial, at trial, on appeal, or otherwise), damages of any kind whatsoever (including 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 Services, including any of the Scooters, equipment or related information, and/or (b) Your use of any of the foregoing. “Released Persons” means, collectively OjO and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, and (ii) every sponsor of any of the Services and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, and (iii) any municipality including its elected and appointed officials, and (iv) any partner or sponsor of any of the Services. In exchange for being allowed to use any of the Services, and other equipment or related information provided by OjO, You (acting for You and for all of Your family, heirs, agents, affiliates, representatives, successors, and assigns) hereby fully and forever release and discharge all Released Persons for any and all Claims that You have or may have against any Released Person. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases. You expressly agree to indemnify, release and hold harmless Released Persons from all liability for any such property loss or damage, personal injury or loss of life, regardless of the cause, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using any of the Services.
5.2. Waiver of California Civil Code Section 1542: You expressly agree and acknowledge that You may discover facts or law different from, or in addition to, the facts or law that You know or believe to be true with respect to the Claims and the Released Persons. Nonetheless, You expressly agree and acknowledge that Section 5.1 above will be and remain effective in all respects notwithstanding such different or additional facts or the discovery of them. You expressly agree and acknowledge that all rights under California Civil Code Section 1542 are expressly waived. California Civil Code Section 1542 provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
6.1. Disclaimer of Warranties: TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, SCOOTERS, OR RELATED EQUIPMENT, OjO AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.2. Services Provided As-Is: ALL OF THE SERVICES, SCOOTERS, AND RELATED EQUIPMENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK). Therefore, to the fullest extent permissible by law, the Released Persons hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: (a) the Services (including the Scooters, the Content, the equipment rented through the Services, and the User Submissions); (b) the functions, features, or any other elements on, or made accessible through, the Services; (c) any instructions offered or referenced at or linked through the Services; (d) security associated with the transmission of Your User Submissions transmitted to OjO via the Services; (e) whether the Services or the servers that make the Services available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact Your Device(s)); (f) whether the information (including any instructions) on the Services is accurate, complete, correct, adequate, useful, timely, or reliable; (g) whether any defects to or errors on the Services will be repaired or corrected; (h) whether Your access to the Services will be uninterrupted; (i) whether the Services will be available at any particular time or location; and (j) whether Your use of the Services is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A RELEASED PERSON, RELEASED PERSONS HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. OjO AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, SCOOTERS, OR RELATED EQUIPMENT WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, SCOOTERS, AND/OR RELATED EQUIPMENT.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable. However, in those jurisdictions, OjO expressly disclaims any and all warranties to the fullest extent permitted by applicable law.
7. LIMITED LIABILITY OF OjO; ASSUMPTION OF RISK BY YOU.
7.1. Limited Liability: YOU HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, OjO AND ALL OTHER RELEASED PERSONS ARE NOT 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, SCOOTERS, AND/OR RELATED EQUIPMENT, (C) YOUR BREACH OF THIS AGREEMENT AND/OR YOUR VIOLATION OF ANY LAW, RULE, REGULATION, AND/OR ORDINANCE, INCLUDING RIDING ON SIDEWALKS AND/OR PARKING, (D) ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION AND/OR INACTION BY YOU, (E) YOUR FAILURE TO WEAR A SNELL, CPSC, ANSI OR ASTM APPROVED HELMET THAT HAS BEEN PROPERLY SIZED, FITTED AND FASTENED ACCORDING TO THE MANUFACTURER’S INSTRUCTIONS WHILE USING ANY SCOOTER, AND/OR (F) ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION OR INACTION OF ANY THIRD PARTY.
7.2. Waiver of Claims: YOU HEREBY WAIVE ANY AND ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, AND/OR OTHER GROUNDS, EVEN IF OjO OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.
7.3. Maximum Liability to OjO: THE TOTAL LIABILITY OF OjO AND ALL OTHER RELEASED PERSONS FOR ANY AND ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER GROUNDS, IS LIMITED TO THE SUM OF $99.00.
7.4. Assumption of Risk by You: YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, SCOOTERS, AND/OR RELATED EQUIPMENT, IS AT YOUR SOLE AND INDIVIDUAL RISK, AND THAT OjO IS NOT RESPONSIBLE FOR ANY AND ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOU FULLY UNDERSTAND THE RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES, SCOOTERS, AND/OR RELATED EQUIPMENT, AND THAT YOU ASSUME SUCH RISK.
7.4.1. You are solely and fully responsible for the safe operation of the Scooters at all times.
7.4.2. You agree that the Scooters are machines that may malfunction, even if the Scooters are properly maintained, and that such malfunction may cause injury.
7.4.3. You agree that riding the Scooters involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to You or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided.
7.4.4. You agree that such risks, dangers, and hazards are Your sole responsibility, including, but not limited to, choosing whether to wear a helmet other protective gear. OjO advises You to 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 using any of the Scooters, whether required by law or not. You expressly understand and agree that it is solely Your responsibility to determine whether You are required to wear a helmet in the particular jurisdiction in which You are using the Scooters. If You do not wear a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions, You do so at Your own risk.
7.4.5. You agree that if Your use of any of the Services, Scooters, and/or related equipment causes any injury or damage to another person or property, then You will be liable for any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown.
8.1. Indemnification: You agree to defend, indemnify, and hold harmless the Released Persons from and against any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits settlements, and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Released Person, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) Your use or misuse of the Services, Scooters, and/or related equipment, (ii) Your User Submissions; (iii) Your use of the Services and Your activities in connection with the Services; (iv) Your breach or alleged breach of this Agreement or any Additional Terms; (v) Your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with Your use of the Services (including the Scooters) or Your activities in connection with the Services; (vi) information or material transmitted through Your Device(s), even if not submitted by You, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vii) any misrepresentation made by You; and (viii) the Released Persons’ use of the information that You submit to Us (including Your User Submissions) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the Released Persons in the defense of any of the foregoing. Notwithstanding the foregoing, the Released Persons retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Released Persons reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Released Persons.
9. TERM AND TERMINATION.
9.1. Term: The term of this Agreement begins when You first use the Services, and the term ends 10 years after You last use the Services; provided, however, that Your personal financial responsibility under this Agreement expires one year after You last use the Services.
9.2. Termination by OjO: At any time and from time to time, and without Your consent, OjO may unilaterally terminate Your right to use the Services, in OjO’s sole and absolute discretion and without any notice or cause. You may terminate Your use of the Services at any time; provided, however, that (i) no refund will be provided by OjO, (ii) the term of this Agreement continues in accordance with this Agreement, and (iii) You may still be charged any applicable fees in accordance with this Agreement.
9.3. Survival: 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.
10. CONFIDENTIALITY OF INFORMATION; PRIVACY POLICIES.
10.2. Reservation of Rights: We reserve the right, without any limitation, to: (i) investigate any suspected breaches of the Services’ security or information technology or other systems or networks; (ii) investigate any suspected breaches of this Agreement and any Additional Terms; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of this Agreement and any Additional Terms; and (vi) discontinue the Services, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate Your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to You or any third party. Any suspension or termination will not affect Your obligations to us under this Agreement or any Additional Terms. Upon suspension or termination of Your access to the Services, or upon notice from us, all rights granted to You under this Agreement or any Additional Terms will cease immediately, and You agree that You will immediately discontinue use of the Services. The provisions of this Agreement and any Additional Terms, which by their nature should survive Your suspension or termination will survive, including the rights and licenses You grant to us in this Agreement, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
11. TELEPHONIC COMMUNICATIONS AND AGREEMENT TO BE CONTACTED.
11.1. You acknowledge that telephone calls to or from OjO may be monitored and recorded and You agree to such monitoring and recording.
11.2. You verify that any contact information provided to OjO, including but not limited to, Your name, email address, and Your mobile telephone number is true and accurate. You verify that You are the current subscriber or owner of any telephone number that You provide to us. Should any of Your contact information change, including Your telephone number, You agree to notify us immediately by calling Customer Service at 877-557-1053 or emailing email@example.com. You agree to indemnify, defend, and hold OjO harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from failure to update Your contact information (including Your telephone number), Your voluntary provision of a telephone number that is not Your own, and/or from Your violation of any federal, state, or local law, regulation, or ordinance, including but not limited to the Telephone Consumer Protection Act (“TCPA”).
11.3. By voluntarily providing Your telephone number(s) to OjO, You expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages related to special offers, Your account, any transaction with us, and/or Your relationship with OjO. These telephone calls and text messages may include, but are not necessarily limited to, for example, changes to Your account, verification codes, information in connection with a Scooter rental, equipment updates, promotions, and updated payment information. Consent to receive automated marketing calls/texts is not a condition of any rental or purchase. You may receive marketing calls or text messages even if Your telephone number is registered on any state or federal Do Not Call list. You acknowledge that You may incur a charge for calls or text messages by Your telephone carrier and that OjO is not responsible for these charges.
11.4. You agree that OjO may obtain, and You expressly agree to be contacted at, email addresses, mailing addresses, and phone numbers provided by You directly or obtained through other means. You agree to receive automated calls and text messages even if You cancel Your account or terminate Your relationship with us, except if You opt-out. You may opt-out of text messages by replying STOP to any text message. You consent to receive an additional text message confirming Your opt-out request. For help, text HELP. To opt-out of automated telephone calls (but not text messages), call 877-557-1053 or email CustomerService@ojoelectric.com. Please allow up to thirty (30) days to process any opt-out request. It is Your sole obligation to notify OjO that You do not want to receive calls or text messages by following the instructions in this Section. You waive any rights to bring claims for unauthorized, unsolicited, or undesired calls or text messages by failing to opt-out immediately and in accordance with these opt-out instructions. Please note that if You opt out of automated calls/texts, we reserve the right to make non-automated calls/texts to You. Your obligations under this Section will survive termination of these Terms.
12.1. Safety Check: Before each use of any Scooter, You will 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) proper attachment of the seat, pedals, and basket; (iv) good condition of the frame; (v) sufficient of battery charge power; and (vi) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. You agree not to ride the Scooter if there are any noticeable issues, and to immediately notify customer service to alert OjO of any problems. If at any time, whether prior to, during, or after riding any Scooter, You discover any defect or notice any other potentially unsafe condition on any Scooter, no matter how slight, You must not use the Scooter, or, if You are already riding the Scooter, You must immediately cease riding when it is safe to do so. You agree to immediately report the defect or condition to OjO. If You do not strictly comply with the aforementioned requirements, You will be totally and completely liable for any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits settlements, and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, and You will indemnify and hold harmless OjO for the same.
12.2. Lost or Stolen Scooters: If a Scooter is not returned within 48 consecutive hours, then the Scooter may be deemed lost or stolen, in OjO’s sole and absolute discretion, and a police report may be filed against You with local authorities. The data generated by the Services’ computer is conclusive evidence of the period of use of the Scooters by You. You must report any disappearance or theft of any Scooter to OjO immediately or as soon as possible.
12.3. Helmets; Safety: OjO advises You to wear a helmet at all times while using any of the Services, Scooters, and/or related equipment, whether required by law or not. OjO 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. If wearing a helmet is required by the laws, rules, regulations and/or ordinances applicable to the area in which the Scooter is operated, You agree to comply with such laws and regulations at all times. You agree that neither OjO nor the Released Persons are liable for any injury or death suffered by You while using the Services, whether or not You are wearing a helmet at the time of injury. You expressly acknowledge and agree that You may need to take additional safety measures or precautions not specifically addressed in this Agreement, and You expressly acknowledge and agree that determining whether You must do so is Your sole responsibility – not OjO’s responsibility.
12.4. Routes: You agree that OjO does not provide or maintain places to ride the Scooters, and that OjO does not guarantee that there will always be a safe place to ride any particular Scooter. Roads, bicycle lanes, and routes may become dangerous due to weather, traffic, and/or other hazards outside of OjO’s control. OjO will not be liable for any of the foregoing, without limitation. You are solely responsible for choosing a responsible and safe route. You must obey all laws at all times in choosing a route, and it is Your sole responsibility to be familiar with the applicable laws, rules, regulations, and/or ordinances of the jurisdiction in which You are using OjO’s Services and/or Scooters.
12.5. Limitations on Rental: You agree that OjO is not a common carrier. Alternative means of public and private transportation are available to the general public and to You individually. OjO provides the Services and Scooters only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate the Scooters on their own and who have agreed to all terms and conditions of this Agreement.
12.6. Limitation on Availability of Services: OjO makes every effort to provide the Services 365 days per year, but We do not guarantee that the Services will be available at all times, as force majeure events or other circumstances might prevent OjO from providing the Services. Access to the Services is also conditioned on the availability of Scooters. OjO does not represent or warrant the availability of any Services or the availability of any Scooters at any time. You agree that OjO may require You to return a Scooter at any time
12.7. License to Image and Likeness: For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to OjO and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to OjO and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the Services, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as OjO may decide in its sole and absolute discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge OjO and all Released Persons from all Claims that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.
12.8. Access License: Subject to Your strict compliance with this Agreement and the Additional Terms, OjO grants You a limited, revocable, non-exclusive, non-assignable, non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless Device, or other Internet enabled Device (each, a “Device”) for Your personal, non-commercial use only. This license does not include any resale or commercial use of the Services or its contents; any collection and use of any Scooter listings, descriptions, or prices; any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly permitted herein, the Services and/or any portion of the Services may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without OjO’s express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by Us to You. The foregoing limited license: (i) does not give You any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in OjO’s sole and absolute discretion, and without advance notice or liability.
12.9. Copyright and Ownership: All of the content featured or displayed on the Services, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by OjO, its licensors, vendors, agents and/or its Content providers. All elements of the Services, including, without limitation, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which such Services is being made available. Except as permitted by copyright law, You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Services. Except as authorized under the copyright laws, You are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You will comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services. The Services, its Content and all related rights will remain the exclusive property of OjO or its licensors, vendors, agents, and/or its Content providers unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Services.
12.10. Trademarks/No Endorsement: All trademarks, service marks and trade names of OjO used herein (including but not limited to: OJO and OJO Electric) (collectively “Marks”) are trademarks or registered trademarks of OjO or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify OjO trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without OjO’s prior written consent. You will not use OjO’s name or any language, pictures or symbols which could, in OjO’s judgment, imply OjO’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
12.11. Access and Interference: You agree that You will not use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission. Additionally, You agree that You will not: (i) take any action that imposes, or may impose, in Our sole and absolute discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Services; or (iii) bypass any measures We may use to prevent or restrict access to the Services.
12.12. Transactional Partners: In some cases, We partner with another company to co-promote their services within our Services. In these cases, You are transacting directly with the other party. On those pages or locations, the transactional partners’ brand is clearly visible and their Agreement are posted. When using these partner pages, You are bound by the partner Agreement in addition to remaining bound by this Agreement. When there is a conflict between this Agreement and the partner’s agreement, Our Agreement will prevail.
12.13. Termination: You or We may suspend or terminate Your right to use of the Services at any time, for any reason or for no reason. We may also block Your access to our Services in the event that (a) You breach these Agreement; (b) We are unable to verify or authenticate any information You provide to us; or (c) We believe that Your actions may cause financial loss or legal liability for You, our users or us.
12.14. Wireless Features: The Services may offer certain features and services that are available to You via Your wireless Device. These features and services may include the ability to access the Services’ features and upload content to the Services, receive messages (including text and SMS messages) from the Services, and download applications to Your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by Your carrier to participate in Wireless Features. Fees and charges may appear on Your wireless bill or be deducted from Your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with Your carrier or wireless Device. You should check with Your carrier to find out what plans are available and how much they cost. Contact Your carrier with questions regarding these issues. You confirm that You are the current subscriber and/or customary user of the mobile number registered with the Services and authorized to incur any message or data charges that may be charged by Your carrier. You are strictly prohibited from registering a mobile number that is not Your own. If We discover that any information provided is false or inaccurate, We may hold, suspend or terminate Your access to the Services at any time. Your participation in the Services are completely voluntary.
12.14.1. You agree that as to the Wireless Features for which You are registered, We may send communications to Your wireless Device regarding us or other parties. Further, We may collect information related to Your use of the Wireless Features. If You have registered via the Services for Wireless Features, then You agree to notify us of any changes to Your wireless contact information (including phone number) and update Your accounts on the Services to reflect the changes.
12.14.2. You must notify OjO immediately of any breach of security or unauthorized use of Your mobile phone. Although OjO will not be liable for Your losses caused by any unauthorized use of Your mobile Device, You may be liable for the losses of OjO or others due to such unauthorized use.
12.15. Force Majeure: Neither OjO nor You will be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including, without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of common carriers.
12.16. General: This Agreement and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the State of California, without regard to its conflicts of law provisions. A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. When You communicate with us electronically, such as via e-mail and text message, You consent to receive communications from us electronically. Please note that We are not obligated to respond to inquiries that We receive. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. These Agreement set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted or secure access to our Services, and operation of the Services may be interfered with by numerous factors outside of our control. If any provision of these Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by OjO in Our sole and absolute discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive this Agreement will survive any termination or expiration of this Agreement. To the extent permitted by applicable law, You agree to waive, and You hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Except as expressly set forth in this Agreement or any Additional Terms, (i) no failure or delay by You or us in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of this Agreement or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for Your access to and use of the Services and You will be responsible for all charges related to them. OjO controls and operates the Services from its U.S.-based offices in the U.S.A., and OjO makes no representation that the Services is appropriate or available for use beyond the U.S.A. If You use the Services from other locations, You are doing so on Your own initiative and are responsible for compliance with applicable local laws regarding Your online conduct and acceptable content, if and to the extent local laws apply. The Services may describe Scooters and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Services and/or the provision of any content, program, Scooter, service, or other feature described or available on the Services to any person, entity, geographic area, or jurisdiction, at any time and in Our sole and absolute discretion, and to limit the quantities of any content, program, Scooter, service, or other feature that We provide. You and We disclaim any application to this Agreement of the Convention on Contracts for the International Sale of Goods.
12.17. Updates to Terms: AS OUR SERVICES EVOLVE, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER SERVICES MAY BE MODIFIED. AS SUCH, YOU EXPRESSLY AGREE TO THE FOLLOWING: (a) we may cease offering the Services under the terms or Additional Terms for which they were previously offered; (b) each time You use the Services You are entering into a new agreement with us on the then applicable terms and conditions; (c) You agree that we may notify You of any updated terms by posting a link to the then current version of this Agreement on the App, the Services, and/or in any other reasonable manner of notice which we elect; (d) Your use of the Services after such notice constitutes Your going forward agreement to the revised agreement; (e) You will review the posted user agreement/terms of service and any applicable Additional Terms each time You use the Services; (f) You agree that the revised Agreement will be effective as to new use and transactions as of the time that We post them, or such later date as may be specified in them or in any other notice to You; (g) this Agreement (and any applicable Additional Terms) that applied when You previously used the Services will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed; (h) in the event any notice to You of new, revised or Additional Terms is determined to be insufficient, the prior agreement between You and Us will continue until sufficient notice to establish a new agreement occurs; (i) You should frequently check the App, the home page, and the e-mail You associated with Your account for notices, all of which You agree are reasonable manners of providing You notice; and (j) You can reject any new, revised or Additional Terms by discontinuing use of the Services and related services.
12.18. Additional Assistance: If You do not understand any of the foregoing Agreement or if You have any questions or comments, We invite You to contact Us at CustomerService@ojoelectric.com. By signing-up for the Services, You agree that: (i) We may give You notices of important matters by prominently posting notice on the home page of the Services or in another reasonable manner We determine in Our sole and absolute discretion; and (ii) We may contact You and send You communications by postal mail and e-mail at the addresses provided in Your account. These communications may include marketing communications about the Services as well as other promotional offers unrelated to the Services and You consent to receive these communications from us even if You previously indicated to us that You no longer wanted to receive communications from us. Your sign-up to the Services will serve as Your express agreement to receive these marketing and similar communications from us. You may prospectively modify certain types of email communications that You receive from us relating to the Services by following the instructions contained within such emails. Such changes will only impact our email communications to the extent described in the modification process. You agree to promptly notify us if You change Your e-mail or mailing address by updating Your account.
12.19. Copyright Notice: All design, graphics, text selections, arrangements, and all software are Copyright © 2018, OjO Electric LLC. ALL RIGHTS RESERVED.
12.20. California Consumer Rights: Residents of California are entitled to the following specific consumer rights information: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
12.21. City of Austin’s Dockless Mobility Code of Ethics: You shall comply with the following terms when using the Scooters within the city limits of Austin, Texas:
- Pedestrians First – People operating Scooters will yield to pedestrians on sidewalks.
- Parking Responsibly – Scooters will be parked in a secure upright position only in designated areas.
- Stay on Right of Way – You will not take Scooters to areas where they are not authorized to operate.
- Right and Report – If you see a Scooter toppled over or parked improperly, help out by righting the Scooter and reporting the issue by dialing 311.