Last Updated: March 19, 2023
1 ACCEPTANCE OF TERMS
2 MODIFICATIONS TO TERMS
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without prior notice. We will indicate the date the Terms were last updated at the top of this page. Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes.
The Website is intended for use by individuals who are at least 18 years old. By using the Website, you represent and warrant that you meet the age requirement and have the legal capacity to enter into a binding contract under applicable law.
4 INTELLECTUAL PROPERTY RIGHTS
All content on the Website, including but not limited to text, graphics, logos, images, and software, is the property of Mobility Scooters or its licensors and is protected by international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website without our express written consent.
5 USER CONDUCT
You agree not to use the Website in any manner that:
- a. Violates any applicable local, state, national, or international law, regulation, or ordinance;
- b. Infringes upon or violates the intellectual property rights of others;
- c. Is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
- d. Promotes or incites discrimination, hatred, or violence;
- e. Impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- f. Contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware, or telecommunications equipment.
6 LIMITATION OF LIABILITY
In no event shall Mobility Scooters, its affiliates, officers, directors, employees, agents, licensors, or suppliers be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from your use or inability to use the Website or any information or services obtained through the Website.
You agree to indemnify, defend, and hold harmless Mobility Scooters, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising from or relating to your use of the Website, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.
8 GOVERNING LAW AND JURISDICTION
These Terms and any disputes arising out of or relating to these Terms or your use of the Website shall be governed by and construed in accordance with the laws of the United States of America without giving effect to its conflict of law provisions. You agree that any legal action or proceeding between you and Mobility Scooters arising out of or relating to these Terms or your use of the Website shall be brought exclusively in the courts of competent jurisdiction located in the United States of America. You hereby irrevocably submit to the exclusive jurisdiction of such courts and waive any objection to the venue or inconvenient forum.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, without prior notice or liability. Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including without limitation, intellectual property rights, indemnification, and limitations of liability.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Mobility Scooters.
12 ENTIRE AGREEMENT
13 CONTACT INFORMATION
If you have any questions, comments, or concerns about these Terms or the Website, please get in touch with us at:
6222 Ellwell Crescent, Rego Park, NY 11374, USA
We will make every effort to resolve any issues or concerns you may have.