Terms
of Use
Scootaround
Inc. (Scootaround) offers this website, subject to the terms
and conditions (the "Terms") outlined in this Terms
of Use document. Please read this document carefully before
continuing on with your use of this Web Site. This website
and information on it is controlled by Scootaround; please
see our website Privacy Policy for
further information. These Terms shall govern the use of the
Web Site and apply to all Internet traffic visiting the Web
Site. By accessing or using this Web Site, you agree to the
Terms. The Terms are meant to protect all of our Web Site
visitors and your use of this Web Site signifies your agreement
with these Terms. If you do not agree with these terms, do
not use this web site.
Scootaround
reserves the right, in its sole discretion, to modify, alter
or otherwise update these Terms at any time. Such modifications
shall be effective immediately upon posting. By using this
Web Site after we have posted notice of such modifications,
alterations or updates you agree to be bound by such revised
Terms.
In
accordance with our goals, this Web Site will permit you
to link to other web sites, that may or may not be affiliated
with this Web Site and/or Scootaround, and that may have
terms of use that differ from, or contain terms in addition
to, the terms specified here. Your access to such web sites
through links provided on this Web Site is governed by the
terms of use and policies of those sites, not this Web Site.
PRIVACY
Registration
data and certain other information about you is subject
to our Privacy Policy. For more
information, please review our full Privacy
Policy.
TRADEMARKS,
COPYRIGHTS AND RESTRICTIONS
This
Web Site is controlled and operated by Scootaround Inc.
All content on this Web Site, including, but not limited
to text, images, illustrations, audio clips, and video clips,
is protected by copyrights, trademarks, service marks, and/or
other intellectual property rights (which are governed by
U.S. and worldwide copyright laws and treaty provisions,
privacy and publicity laws, and communication regulations
and statutes), and are owned and controlled by Scootaround
and its affiliates , or by third party content providers,
merchants, sponsors and licensors (collectively “Providers”)
that have licensed their content or the right to market
their products and/or services to Scootaround.
Content
on this Web Site or any web site owned, operated, licensed
or controlled by the Providers is solely for your personal,
non-commercial use. You may print a copy of the content
and/or information contained herein for your personal, non-commercial
use only, but you may not copy, reproduce, republish, upload,
post, transmit, distribute, and/or exploit the content or
information in any way (including by e-mail or other electronic
means) for commercial use without the prior written consent
of Scootaround or the Providers. You may request consent
by e-mailing request to media@scootaround.com.
Without
the prior written consent of Scootaround or the Providers,
your modification of the content, use of the content on
any other web site or networked computer environment, or
use of the content for any purpose other than personal,
non-commercial use, violates the rights of the owners of
the Scootaround Web Site and/or the Provider copyrights,
trademarks or service marks and other proprietary rights,
and is prohibited.
As
a condition to your use of this Web Site, you warrant to
Scootaround that you will not use our Web Site for any purpose
that is unlawful or prohibited by these Terms, including
without limitation the posting or transmitting any threatening,
libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material. If you violate any of
these Terms, your permission to use our Web Site immediately
terminates without the necessity of any notice. Scootaround
retains the right to deny access to anyone at its discretion
for any reason, including for violation of these Terms.
You
may not use on your web site any trademarks, service marks
or copyrighted materials appearing on this Web Site, including
but not limited to any logos or characters, without the
express written consent of the owner of the mark or copyright.
You may not frame or otherwise incorporate into another
web site any of the content or other materials on this Web
Site without prior written consent of Scootaround.
LINKS
This
Web Site may contain links to other web sites ("Linked
Sites"). The Linked Sites are provided for your convenience
and information only and, as such, you access them at your
own risk. The content of any Linked Sites is not under Scootaround's
control, and Scootaround is not responsible for, and does
not endorse, such content, whether or not Scootaround is
affiliated with the owners of such Linked Sites. You may
not establish a hyperlink to this Web Site or provide any
links that state or imply any sponsorship or endorsement
of your web site by Scootaround, or its affiliates or Providers
without written consent of Scootaround.
DISCLAIMER
OF WARRANTIES AND LIABILITY
ALL
CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. AND INTERNATIONAL
LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE
INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, SCOOTAROUND
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER SCOOTAROUND,
ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR
ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION
OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN
THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES
THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE
IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION
ONLY. SCOOTAROUND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR
CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE
ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR
SOLE RISK. YOU (AND NOT SCOOTAROUND) ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR
SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER SCOOTAROUND, NOR
ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS),
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY
PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND
DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE
TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE
(WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE),
INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER
WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED
USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. BY WAY OF
EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
SCOOTAROUND AND RELATED PERSONS AND ENTITIES SHALL NOT BE
RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION,
UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS,
OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS
OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY
ACKNOWLEDGE AND AGREE THAT SCOOTAROUND IS NOT LIABLE OR
RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS
MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS,
SCOOTAROUND'S LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
INDEMNIFICATION
You
agree to indemnify, defend, and hold harmless Scootaround
and the Providers,, its and their officers, directors, employees,
affiliates, agents, licensors, and suppliers from and against
all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation by you of
these Terms.
THIRD
PARTY RIGHTS
These
Terms are for the benefit of Scootaround and its Providers,
its and their officers, directors, employees, affiliates,
agents, licensors, and suppliers. Each of these individuals
or entities shall have the right to assert and enforce these
Terms directly against you on its or their own behalf.
JURISDICTIONAL
ISSUES
Unless
otherwise specified, the content contained in this Web Site
is presented solely for your convenience and/or information.
This Web Site is controlled and operated by Scootaround
from its offices. Scootaround makes no representation that
content in its Web Site is appropriate or available for
use in other locations. Those who choose to access this
Web Site from other locations do so on their own initiative
and are responsible for compliance with local laws, if and
to the extent local laws are applicable.
You
may not use or export the materials in this Web Site in
violation of U.S. export laws and regulations. These Terms
shall be governed by, construed and enforced in accordance
with the laws of the State of Nevada, as they are applied
to agreements entered into and to be performed entirely
within such State. Any action you, any third party or Scootaround,
brings to enforce these Terms, or in connection with any
matters related to this Web Site, shall be brought only
in either the state or Federal courts located in Nevada
and you expressly consent to the jurisdiction of said courts.
If any provision of these Terms shall be unlawful, void
or for any reason unenforceable, then that provision shall
be deemed severable from these Terms and shall not affect
the validity and enforceability of any remaining provisions.
ENTIRE
AGREEMENT
The
provisions and conditions of these Terms, and each obligation
referenced herein, represent the entire Agreement between
Scootaround, its affiliated or related entities, and you,
and supersede any prior agreements or understandings not
incorporated herein. In the event that any inconsistencies
exist between these Terms and any future published terms
of use or understanding, the last published Terms or terms
of use or understanding shall prevail.
ANY
RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY SCOOTAROUND
INC.