Terms of Use
Last Modified: April 8th, 2023.
Scoozer Enterprises, LLC. (“Scoozer”, “Company”, “we”, or “our”) owns and operates a “Service/Rental” that includes a website and social media pages (collectively “Website”), an application, identified as Scoozer (“App” or “Scoozer App”) that facilitates the reservation, rental, support and invoicing of short term electric Scooter rentals (“Service”). Any individual (“User” or “you”) may access the Website and download the App. To use the Service, a User must be a “Account Holder” as defined in the Rental Agreement.
These Terms of Use (“Terms of Use”) apply when you access, use or visit our Service/Rental or interact with our representatives with respect to the Service/Rental. They also apply to information or other interaction regarding the Service/Rental or the Service that is exchanged via phone, text, emails, and the like between Scoozer and Users or Account Holders (collectively “Communications”) and Contributions (defined below) that are posted on interactive or public comment sites such as the Scoozer Facebook page.
1. Important Notice
The Rental Service is offered to you conditioned upon your acceptance of our Legal Terms (defined below). Please read our Legal Terms carefully before using or obtaining any part of our Service/Rental.
The Terms of Service CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 14 BELOW (AND SUBJECT TO THE EXCEPTIONS SET FORTH THEREIN), REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
Scoozer Enterprises, LLC’s
Rates, Fine & Fees
Pricing:
| Plan | Amount |
|---|---|
| Day Pass (within the operating hours of the shopping center) | $39 |
Miscellaneous Fines & Fees:
You have read and agree to the following fines and fines. You authorize Scoozer Enterprises, LLC to charge my method of payment for breaking the following rules:
Furthermore, you agree to be contacted by Scoozer Enterprises, LLC, insurance companies, the police, shopping center administrators or other parties involved during your rental. You may be asked to cover other fees including any related fines incurred by Scoozer Enterprises, LLC.
| Violation | Amount |
|---|---|
| Failing to return your rental to the parking station | $150 (+taxes) Service Fee + Amount of Ticket + any related fines incurred by Scoozer. |
| Exceeding the 7 kilometer/hour speed limit: Reported by security, staff, shoppers, management or store owners for exceeding the 7 kilometer/hour speed limit. This includes tampering or attempting to tamper with scooter settings to increase scooter speed. | $150 (+taxes) Service Fee + Amount of Ticket + any related fines incurred by Scoozer. |
| Renting or riding under the age of 18 years old | Fine: $150 (+taxes) violation fee + any related fines incurred by Scoozer |
| Unauthorized parking | $150 (+taxes) Service Fee + Amount of Ticket + any related fines incurred by Scoozer. |
| Leaving the shopping center including driving the scooter to the parking lot | $150 (+taxes) Service Fee + Amount of Ticket + any related fines incurred by Scoozer. |
| Scoozer towed/Retrieval Fee | $150 (+taxes) Service Fee + Amount of Ticket + any related fines incurred by Scoozer. |
| Safety violation | $150 (+taxes) Service Fee + Amount of Ticket + any related fines incurred by Scoozer. |
| Scoozer damage fee | Up to $750 (+taxes) + Amount of Ticket + any related fines incurred by Scoozer. |
| Riding on/within a prohibited area such as planters | $150 (+taxes) Service Fee + Amount of Ticket + any related fines incurred by Scoozer. |
| Stolen Scoozer | Up to the total cost of the scooter (+taxes) + Amount of Ticket + any related fines incurred by Scoozer. |
| Scooter key lost or stolen | $150 (+taxes) Service Fee + Amount of Ticket + any related fines incurred by Scoozer. |
| Multiple Ride Cancellation Fee | $39 (+taxes)/cancelation |
| Declined Credit Card Payment For Owed Payments | $39 (+taxes) + owed amount |
| Excessive Cleaning Required | Up to $150 (+taxes), depending on severity + Amount of Ticket + any related fines incurred by Scoozer. |
DRIVER/RENTER & PASSENGER AGREEMENT, RELEASE AND ASSUMPTION OF RISK
I acknowledge that Riding a Scoozer/Scooter entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things:
- Potential Injury due to misuse of scooter
- Collisions with motorists or vehicle
- Serious injury, including but not limited to, permanent disability & death.
- Potential injury to passenger.
- Loss or theft of belongings.
I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Scoozer Enterprises, LLC from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Scoozer’s equipment or facilities, including any such claims which- allege negligent acts or omissions of Scoozer.
Should Scoozer or anyone acting on their behalf be required to incur attorney’ fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
I certify that I have adequate insurance to cover ally injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. By Electronically signing and clicking “I Agree” you will be agreeing to the terms stated herein.
2. Legal Terms; Consent
Legal Terms
- Terms of Use
- Privacy Policy,
- Rental Agreement,
- Renter/Driver and Passenger Agreement, Assumption of Risk
Terms Applying to Renter/Driver & Passengers
Access to and use of the Service is open only to Account Holders. Use of the Service/Rental as an Account Holder is subject to these Terms of Use, the Privacy Policy, and the Rental Agreement. In this case, the “Legal Terms” include the then-current version of these terms of use, the Privacy Policy, the Renter/Driver & Passenger Agreement, and the Rental Agreement.
If there is a conflict between a provision in the Rental Agreement, and a provision in the remainder of the Legal Terms, when applied to an Account Holder’s use of the Service, the provision of the Rental Agreement shall control over the provision in the remainder of the Legal Terms when it concerns such use of the Service.
If you do not agree to the Legal Terms, please do not access or use any part of the Service/Rental, do not use the Service, and do not contact our employees or representatives.
Changes
Scoozer may edit and revise the Legal Terms in its sole discretion at any time and will promptly send Account Holders notice of any material changes by email to the address provided by the Account Holder during the application process, by notification through the App, or by other means. Scoozer will post the revised Legal Terms on the Site and/or on the App. The revised Legal Terms are effective the moment the new versions are sent to Account Holders by email or uploaded to the Site or App, unless otherwise indicated. Unless otherwise stated, all changes will apply to all access to, and use of, the Service/Rental thereafter.
You should visit this page from time to time to review the then-current Legal terms because they are legally binding on you. Your continued use of the Service/Rental after we provide notice of any modification will mean that you have agreed to be bound by those Terms. Your use of the Service/Rental will be subject to the Legal Terms in effect at the time of use.
3. Definitions
In this document, terms that commence with a capital letter are defined in this section, in the preamble, and elsewhere in the document.
“App” means the application known as Scoozer. “App” includes the Content available on or from the App, all Code associated with the App, and any exchanges, interaction, Communications that a User has with our employees and representatives with respect to the App or the Service/Rental.
“Code” means all software, coding, APIs, and other technologies used to operate or secure a website or application, and all features, functionality, designs, selection, and arrangement that is part of the code, structure, or organization of a particular website or application.
“Communications” means any text, documents, information, data, articles, images, photographs, Marks, video recordings, audio recordings, sounds, and other materials that are exchanged between a User and a Scoozer employee or representative with respect to the operation of the Service/Rental or any aspect of the Service, such a request for support and the response concerning such request.
“Company”, “we”, “us” or “our” means Scoozer LLC.
“Contribution” means any text, documents, information, data, articles, images, photographs, Marks, video recordings, audio recordings, sounds, and other materials that a User or Account Holder posts or uploads on the areas of the Service/Rental that allow for uploading such content, such as a blog, or a social media account, and that are intended for sharing with others outside Scoozer.
“Content” means the text, documents, information, data, articles, images, photographs, graphics, Marks, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Service/Rental. “Content” also includes any exchanges, interactions, communications that a User has with our employees or representatives with respect to the Service/Rental.
“Legal Terms” means these Terms of Use(“Terms of Service”), the Privacy Policy, and, to the extent, a User uses the Service, also includes the Rental Agreement.
“Marks” means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon used or displayed on the Service/Rental.
“Renter/Driver” means an individual or a User who has created an account and meets all qualifications to operate the scooter.
“Scooter” means the low-speed limited use, four-wheel electric vehicle provided by Scoozer to an Account Holder as part of the Service, in accordance with the Rental Agreement, and the other Legal Terms, and that does not exceed an operating speed of more than 5 kilometers per hour.
“Service” or “Scoozer Service/Rental” means the Website, App, and, in the case of a Renter/Driver, the Service.
“Service” means reservation and rental management service that allows for the reservation of, and invoicing for the rental and use of Scooters, and the incidental cost associated with such rentals. “Service” also includes the App and underlying technology necessary or used to operate the Service; the support and other services provided to Account Holders by or on behalf of Company to ensure the smooth operation of the rental and maintenance of the Scooters and Supplemental Equipment; and any
exchanges, interaction, or Communications that an Account Holder has with our employee’s representatives with respect to the Service.
“User”, “you”, or “your” refers to a visitor or user of the Service/Rental, and includes a Account Holder of the Service. All Account Holders are Users, but Users are not always Account Holders.
“Website” means the website located at www.a.scoozer.net,“Website” includes the Content available on or from the Website, all Code associated with the Website, and any exchanges, interaction, Communications that a User has with our employees or representatives with respect to the Website or the Service/Rental.
4. General Terms/Conditions of Use
- You are at least 18 years of age to be a Driver. You give us the right to keep a copy of your ID on file. Your information will not be sold or shared.
- You understand that the weight capacity of the scooter is 450 pounds.
- You possess the legal authority to create a binding legal obligation;
- You will use the Service in accordance with the Legal Terms;
- You will only use the service in accordance with applicable laws; and
- All information that you will supply to the Company, if any will be true, accurate, current, and
Refund Policy
- If your scooter booking failed due to a technical issue, you may receive a refund if the claim was made within 10 minutes of rental assuming your payment method was charged. You may accept a credit for a free ride instead of the refund if used within 30 days.
- Scoozer does not provide price protection in case of price drops or promotional offering. You agree to the price paid the time you book a Scoozer. We reserve the right to change prices at any time without notice.
- We do not issue a refund if the scooter runs out of battery and there are no other scooters available, unless the duration of the booking, only in the case of Day Pass, has been less than 30 minutes.
- You are responsible for returning the scooter to Scoozer’s parking station and finishing the ride. We do not issue a refund for amount acrued due to failure to end the ride.
- If you purchased ScoozerX, you are entitled to a full refund within 30 days of receiving your scooter unless the scooter has been driven for more than 50 kilometers or has been damaged. In this case, you may receive a partial refund. No refund will be issued after 30 days of receiving the scooter.
- If you purchased ScoozerX and would like to request a refund within 30 days of receiving the scooter, you must return the scooter in its original packaging. The customer is responsible for the scooter and its package until we receive it. Scoozer Enterprises, LLC is not responsible should the scooter or the package gets damaged or lost in shipment to our facility.
- If you purchased ScoozerX and would like to request a refund, contact us at [email protected].
Modifications
The company has no obligation to provide any Updates, correct errors, or continue to provide or enable any particular features or functionality.
The company reserves the right to withdraw or amend any part of the Service in its sole discretion and without prior notice. Company will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any length of time.
Errors, Inaccuracies, and Omissions
The Content and/or Code may contain inaccuracies, omissions, typographical errors, or other errors, including pricing errors, photographs, or general product descriptions, or may be incomplete, or cannot be used as intended (collectively “Error”).
The company reserves the right, at any time without prior notice, to correct any such Errors. Error corrections may modify or delete in their entirety certain features and functionality.
Updates
Company reserves the right, at any time without prior notice, to modify or supplement the Service from time to time, and develop updates, upgrades, bug fixes, patches, supplemental Content and/or new features (collectively, including related documentation, “Updates”).
Updates may modify or delete in their entirety certain features and functionality.
Installation
When published, the Updates and Error corrections will be deemed part of the Service and be subject to all Legal Terms.
Based on the device that you use to access the Service when the device is connected to the Internet, it may automatically download and install all available Updates; or you may be prompted to download and install available Updates.
You agree to promptly download and install all available Updates or Error corrections. If you fail to install the available Updates or Error corrections, portions of the Service may not properly operate.
Our Right to Manage the Service/Rental
We reserve the right but do not undertake the obligation to:
- Monitor or review the Service for violations of our Legal Terms and for non-compliance with our policies
- Report to law enforcement authorities and/or take legal action against anyone who violates our Legal Terms;
- Manage the Service/Rental in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service/Rental;
- Screen Users or Account Holders, or attempt to verify the statements of Users or Account Holders;
- Monitor disputes between Users, or terminate or block any User for violating our Legal Terms; and/or
- Refuse, restrict access to, or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any Contribution or any portion
5. Rules Governing Contributions
User Contributions
You may be able to submit Contributions. You are entirely responsible for the content of, and any harm resulting from, any Contributions that you provide on or through the Service/Rental. When you create or make available a Contribution on or through the Service/Rental, you represent and warrant that you:
- Own or have sufficient rights to provide your Contributions on or through the Service/Rental; and
- Have fully complied with any third-party licenses relating to Contributions and have paid all royalties, fees, and any other monies required to be paid in connection with such Contributions.
Social Media Guidelines
If you access or use any of our social media pages (e.g., Facebook, Twitter, Instagram) or other areas of our Service/Rental that allow Users to upload contributions, we ask you to follow the following guidelines when making Contributions:
- Be polite and courteous;
- Stay on topic;
- Keep the conversation relevant to the community;
- Contribute to the dialogue;
- All postings should come from a real
If addition, you may not provide Contributions that:
- Violate our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights), or contract rights;
- Are, or could be viewed by a reasonable person as, defamatory, damaging, dangerous, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable;
- Incite or encourage violence, destruction, or any criminal act;
- Threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or
- Contain material that solicits personal information from anyone or exploits anyone in a sexual or violent manner;
- Contain advertisements or solicit any person to buy or sell products or services; or
- Constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the online or other activities of another
We reserve the right to remove Contributions posted on our social media pages that violate these social media guidelines.
Ownership of Contributions
We do not claim any ownership rights in the Contributions that you post on or through the Service/Rental. After posting your Contributions, you continue to retain any rights
you may have in your Contributions, including any intellectual property rights or other proprietary rights associated with your Contributions, subject to the license you grant to us below.
Grant of License to Us.
By making a Contribution to the Service/Rental, you grant us a perpetual, non-exclusive, fully-paid, royalty-free, sublicensable, and worldwide license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, disseminate, market, and distribute the Contribution in connection with the Service/Rental, our business, or the promotion of our business in any media formats and through any media channels now known or subsequently created.
2. Privacy
When you use the Service/Rental, we may use automatic means (e.g., cookies and web beacons) to collect information about you, your device (computer, laptop, mobile device) and your use of the Service/Rental. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Service/Rental, or certain of its features or functionality.
By using the Service/Website; providing information to or through the Website or App; downloading or installing the App, submitting an application to become a Account Holder, using any part of the Service/Rental, you consent to all actions taken by us or on our behalf with respect to information about you in compliance with our Privacy Policy, which is available here. Our Privacy Policy explains how we treat our Users’ personal information, and it is incorporated in these TERMS OF SERVICE and the Legal Terms by this reference.
3. Intellectual Property Rights Ownership Rights
Except for your Contributions and the Contributions of other Users of the Service/Rental, Company and its licensors own all right, title, and interest, including all related US and foreign copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights in the Service/Rental.
Prohibited Uses
Any use of the Service/Rental not expressly permitted by these Terms of Service is a breach of our Legal Terms and may violate copyright, trademark, and other laws. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service/Rental in breach of the Legal Terms, your right to use the Service/Rental will cease immediately and you must, at our option, return or destroy any copies of the Content or Code you have made. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of part of the Service/Rental, except as follows:
- Your computer may temporarily store copies of Content or Code in RAM incidental to your accessing and viewing those
- You may store files that are automatically cached by your Web browser for display enhancement
- You may print or download one copy of a reasonable number of pages of the Website or the App for your own personal, non-commercial use, and subject to the Legal
- If we provide social media features with certain content, you may take such actions as are reasonably enabled by such
You are prohibited from using the Service/Rental:
- To infringe upon or violate Company’s intellectual property rights or the intellectual property rights of others;
- In any manner that could affect its functionality or operation;
- In any manner that violates any applicable US or foreign law or regulation;
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;
- In any manner that could disable, overburden, damage, or impair the Service/Rental or interfere with any other party’s use of the Service/Rental, including their ability to engage in real-time activities through the Service/Rental.
You must not:
- Modify copies of any Content or Code;
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from any part of the Service/Rental;
- Use any robot, spider, or other automatic devices, process, or means to access the Service/Rental for any unauthorized purpose;
- Use any process to monitor or copy any of the Content or Code for any other unauthorized purpose;
- Use any device, software, or routine that interferes with the proper working of the Service/Rental;
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Service/Rental, the server on which the Service/Rental is stored, or any server, computer or database connected to the Service/Rental; or
- Attack the Service/Rental via a denial-of-service attack or a distributed denial-of-service attack.
4. License
Subject to your compliance with the Legal Terms, Company grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to (a) Access and use the Website, App, Content, and Services (only after becoming an Account Holder) only for your personal use and not for any commercial purpose; and (b) Download, install, and use the App for your personal, non-commercial use on a mobile device owned or controlled by you (“Mobile Device”) strictly in accordance with the App’s documentation; all strictly in accordance with the Legal Terms.
License Restrictions
You may not:
- Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any part of the Service/Rental except as expressly permitted by the Legal Terms;
- Modify, translate, adapt, or create derivative works or improvements, whether or not patentable, of the Service/Rental;
- Reverse engineer, disassemble, decompile, decode, or attempt to derive or gain access to the source code of any part of the Service/Rental;
- Remove, delete, alter, or obscure any copyright, trademark, patent, or other intellectual property or proprietary rights notices applied to the Service/Rental;
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or make available access to any part of the Service/Rental, to any third party for any reason;
- Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features protecting any part of the Service/Rental; or
- Use the Service/Rental in, or in association with, any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications, or any police, fire, or other safety response systems or
If you wish to use any part of the Service/Rental other than as set out in the Legal Terms, please address your request to us as indicated in the How to Contact Us section.
If you violate the Legal Terms, this license to use the Service/Rental will cease immediately and you will be required, at our discretion and at your cost, to return or destroy any copies of the Service/Rental that you have made, and to reimburse us for all costs and expenses resulting from having to recreate any data loss caused by your actions or omissions, and for any loss of income or opportunity caused by such violation.
Reservation of Rights
The Service/Rental is provided under license, and not sold, to you. You do not acquire any ownership interest in the Service/Rental or any other rights thereto other than a license to use the Service/Rental in accordance with the license granted, and subject to the Legal Terms.
Company and its licensors reserve and shall retain their entire right, title, and interest in and to the Service/Rental, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Legal Terms.
5. Trademarks
The Marks that are displayed on the Service/Rental are registered or unregistered Marks of the Company or its licensors and are subject to their respective trademark policies. You may not use such Marks without the prior written permission of the Company or its licensors.
6. Communications by Us
You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication is in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this agreement.
7. Links to or from the Service/Rental Third-Party Links and Third Party Websites
The Service/Rental may contain links to third party websites, applications, or services. These links are provided for your convenience only. We have no control over the practices of those sites or services or the content they display, and we accept no responsibility for these practices or any loss or damage that may arise from your access.
Links to the Service/Rental
Other entities, businesses, social media, websites and the like may link to our Service/Rental. Such linking does not imply that we endorse such entities. We reserve the right to block any such link at any time. If you link to our Service/Rental without our prior permission, you agree that you will disable and remove any such link promptly upon request.
8. Disclaimer of Warranties
We disclaim all liability and responsibility for any errors. We reserve the right to correct any pricing errors on the Service/Rental, and/or reservations made under an incorrect
price. In such an event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS LICENSORS, SERVICE PROVIDERS OR BUSINESS PARTNERS (COLLECTIVELY “COMPANY ASSOCIATES”) DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICE/RENTAL, THE CONTENT OF ANY SITE LINKED TO THE SERVICE/RENTAL, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SERVICE/RENTAL OR LINKED TO THE SERVICE/RENTAL WILL BE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, SECURE, UP-TO-DATE, ERROR-FREE OR UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL MEET YOUR NEEDS OR EXPECTATIONS OR THAT DEFECTS WILL BE CORRECTED.
YOUR USE OF THE SERVICE/RENTAL IS AT YOUR OWN RISK. EXCEPT AS OTHERWISE PROVIDED, THE SERVICE/RENTAL IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICE/RENTAL.
WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE/RENTAL, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE/RENTAL, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE/RENTAL BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PART OF THE SERVICE/RENTAL OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE/RENTAL.
YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY DELAY, FAILURE TO DELIVER, FAILURE IN PERFORMANCE OR INTERRUPTION OF THE SERVICE/RENTAL, RESULTING DIRECTLY OR INDIRECTLY: (A) FROM ACTS OF GOD, ACTS OF ANY GOVERNMENTAL AGENCY, NATURAL DISASTERS, ACTS OF WAR, INSURRECTION OR TERRORISM, STRIKES OR LOCKOUTS, INFECTIOUS DISEASE OR PUBLIC HEALTH CRISES, UNAUTHORIZED NETWORK OR COMPUTER INTRUSION, OR INTERNET- OR COMPUTER-RELATED VIRUSES, HACKER ATTACKS OR OTHER AGENTS INTRODUCED BY A THIRD PARTY,
FAILURE OF THE INTERNET AND OTHER CONDITIONS BEYOND OUR CONTROL,
(B) SOLELY FROM ANY TECHNICAL REQUIREMENT FOR WHICH YOU ARE RESPONSIBLE, OR (C) SOLELY FROM YOUR INTENTIONAL ACTS OR OMISSIONS.
SOME STATES DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES. CONSEQUENTLY, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, COMPANY AND COMPANY ASSOCIATES’ WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
14. Limitation of Damages
IN NO EVENT SHALL THE COMPANY, COMPANY ASSOCIATES AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (“COMPANY PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES OR OTHER DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH (A) YOUR USE, OR INABILITY TO USE, ANY PART OF THE SERVICE/RENTAL OR ITEMS OR SERVICE OBTAINED THROUGH THE SERVICE/RENTAL, OR (B) YOUR DOWNLOADING OF ANY PART OF THE SERVICE/RENTAL, OR (C) A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL, OR (D) THE CONTENT OF ANY SITE LINKED TO THE SERVICE/RENTAL, OR ANY CONTRIBUTIONS BY USERS OR THIRD PARTIES; INCLUDING WITHOUT LIMITATION LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF COMPANY OR COMPANY PARTIES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. Indemnification
You agree to defend, indemnify and hold harmless Company and Company Parties, and their respective successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and court costs) arising out of or relating to (a) your violation of the Legal Terms; (b) your use of the Service/Rental or any Content or information obtained from the Service/Rental; or (c) your violation of any law or the rights of any third party.
16. Limitation on Time to File a Claim
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF, OR RELATING TO THESE TERMS, THE SERVICE/RENTAL, OR ANY ITEM OR
INFORMATION OBTAINED THROUGH THE SERVICE/RENTAL MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
17. Dispute Resolution
Please read this clause carefully. It may significantly affect your legal rights, including your right to file a lawsuit in court.
We are committed to customer satisfaction. If you have a problem or dispute, we will try to resolve your concerns. If we are unsuccessful, you may pursue claims as explained in this section.
Initial Dispute Resolution
You agree to give us an opportunity to resolve any dispute or claim relating to the Service/Rental or your use (including access to) of the Service/Rental, any dealings with our customer service representatives, any concern regarding any services or products provided, any representations made by us, any statement displayed on our Service/Rental, or in any of our Legal Terms (“Claim”) by contacting Scoozer customer support at 956-319-0162
Most concerns may be quickly resolved in this manner. Each of you and Company agrees to use best efforts to settle any such Claim through consultation and good faith negotiations, and this consultation and negotiations shall be a precondition to either initiating a lawsuit or arbitration. If we are not able to resolve your Claim within sixty
(60) days from the time the information dispute resolution is pursued pursuant to this clause, you may seek relief through arbitration or in small claims court, as set forth below.
Agreement to Binding Arbitration
If we do not reach an agreed-upon solution pursuant to the clause immediately above, then either party may initiate binding arbitration pursuant to the following:
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THE LEGAL TERMS, OR YOUR USE OF (INCLUDING ACCESS TO) THE SERVICE/RENTAL OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce the Legal Terms as a court would.
The parties understand that absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Arbitration Process
All claims arising out of or relating to these Terms of Use (including their formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Service/Rental shall be finally settled by binding individual arbitration administered on a confidential basis by the American Arbitration Association, in accordance with the AAA’s procedures, excluding any rules or procedures governing or permitting class arbitration. The AAA’s rules governing the arbitration may be accessed at https://www.adr.org/.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to Scoozer customer support at [email protected].
If we request arbitration against you, we will give you notice at the email address or street address you have provided.
Each party will have the right to use legal counsel in connection with arbitration at its own expense.
The interpretation and enforcement of the Legal Terms shall be construed in accordance with the laws of the United States (including the Federal Arbitration Act) and the State of New York, U.S.A., without regard to its principles of conflicts of law or the
U.N. Convention on Contracts for the International Sale of Goods.
Conduct of Arbitration
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.
The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of the Legal Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.
The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Legal Terms, including, but not limited to, any claim that all or any part of the Legal Terms is void or voidable.
The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Class Action and Class Arbitration Waiver
You and Company further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and Company each expressly waive your respective right to file a class action or seek relief on a class basis.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Small Claims
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Exclusive Venue for Litigation
To the extent that the arbitration clause set forth above do not apply, and a Claim proceeds in court rather than in arbitration, each party waives any right to a jury trial, and agrees that any litigation between them shall be filed exclusively in state or federal courts located in New York, NY except for small claims court actions which may be brought in New York, NY or in the county where you reside.
Government Agencies
Notwithstanding any of the foregoing, nothing in the Legal Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
18. Copyright Infringement Notice of Infringement
If you believe in good faith that materials hosted on the Service/Rental infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
- Clear identification of the copyrighted work you claim was infringed;
- Clear identification of the material you claim is infringing on the Website, such as a link to the infringing material;
- Your address, email address, and telephone number;
- A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law”;
- A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
- A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
You may send us your notice by email to [email protected].
19. Miscellaneous Terms Force Majeure
The company will not be held liable for any delay or failure in performance due in whole or in part to any acts of nature, forces, or causes beyond its reasonable control.
Governing Law
All matters relating to the Service/Rental or the Legal Terms will be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of New York without regard to its conflict of law principles.
Entire Agreement
The Legal Terms constitute the sole and entire agreement between you and Company with respect to your use of the Service/Rental and supersede all prior and
contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to your use of the Service/Rental. Any ambiguities in the interpretation of the Legal Terms will not be construed against the drafting party.
Assignment
You may not assign or transfer any rights or licenses granted in the Legal Terms without Company’s consent. The company may assign or transfer its shares and assets, including its Users and Account Holders list without restriction. Subject to the foregoing, the Legal Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Waiver
No waiver by the Company of any term or condition set forth in the Legal Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Legal Terms shall not constitute a waiver of such right or provision.
Severability
If any provision of the Legal Terms is determined to be unlawful, invalid, or unenforceable, such provision will be deemed amended to achieve an economic effect that is as near as possible to that provided by the original provision and enforced to the fullest extent permitted by applicable law. Such determination will not affect the validity and enforceability of any other remaining provisions.
Responding to Legal Process
The company may respond to and comply with any subpoena, warrant, or other legal order issued by a court having jurisdiction over Company (“Legal Process”) that Company believes to be valid. The company is not responsible for any direct or indirect losses that you may incur as a result of our complying with the Legal Process.
Section Titles and Numbering
Section titles and numbering used in the Legal Terms are solely for convenience. They have no legal or contractual significance.
22. How to Contact Us
The Service/Rental is operated by Scoozer Enterprises LLC.
All feedback, comments, questions, complaints, requests for service, request for support, and other communications relating to the Service should be directed to:
- Mailing Address: Scoozer Enterprises LLC. 1649 49th, Brooklyn, NY 11204.
- Email Address: [email protected].
