Terms of Service
Last Updated 10/09/2021
This Volt Mobility User Agreement incorporates the following documents, policies and agreements explicitly by reference:
WARNING USE OF E-VEHICLES MAY RESULT IN SERIOUS INJURY OR DEATH-YOU MUST WEAR A HELMET
- Volt Mobility E-vehicles Rental Agreement (Liability Waiver, Release, Indemnification, and Voluntary Assumption of Risk)
- Volt Mobility Automobile Use Agreement
- e-Vehicle RoadSide Service Agreement
Volt Mobility E-vehicles Rental Agreement
E-vehicles Rental Agreement, Liability Waiver, Release, Indemnification, and Voluntary Assumption of Risk (the “Rental Agreement”)
THIS USER AGREEMENT CONTAINS RELEASES, WARRANTY LIMITATIONS, ASSUMPTION OF RISK PROVISIONS, AND INDEMNITY PROVISIONS, ALL OF WHICH LIMIT YOUR LEGAL RIGHTS AND REMEDIES. YOU SHOULD READ THIS AGREEMENT CAREFULLY AND UNDERSTAND ITS BINDING EFFECTS.
As provided in greater detail in this Rental Agreement (and without limiting the express language of this Rental Agreement), You acknowledge the following:
- Warning: Use of E-vehicles may result in serious injury or death. Use of E-vehicles provided by Volt Mobility are at your own risk;
- You fully release the operators and sponsors of the Volt Mobility Services, and the municipality and county in which any Volt Mobility Service Area exists, from all Claims You have or may have against them arising out of Your use of the Volt Mobility Services (please refer to Volt Mobility.com/legal to view your Service Area’s ordinances, rules and/or regulations regarding E-vehicles);
- Your use of the Volt Mobility Services is at your sole risk;
- The Volt Mobility Services, including the E-vehicles, are provided “as-is” and we make no promises that they will be in good repair or error-free;
- You will perform a safety inspection before riding;
- There are risks and dangers inherent in riding a Volt Mobility E-vehicles and You assume those risks;
- You are responsible for all injuries or damages that You cause to yourself or other people or property;
- We require You wear a helmet, though we cannot guarantee its effectiveness; and
- You give us Your consent to use photos or videos of You that are taken while You are using a Volt Mobility E-vehicles for security purposes.
In consideration of Your use of any of the Volt Mobility Services (defined below), You (“Member”, “You”, or “Your”) agree to all terms and conditions in this Rental Agreement. The Volt Mobility “Services” are composed of several elements, including (1) Volt Mobility E-vehicles stations, Volt Mobility drop off and pick up locations (“Stations”), (2) separate stands that allow the docking of Volt Mobility E-vehicles (“Virtual e-Vehicle Docks”), (3) Volt Mobility E-vehicles, and (4) all related equipment, personnel, and information.
Volt Mobility Members may use the Volt Mobility Services in either the Service Area (please visit https://www.voltmobility.net/service-areas/ to determine your Primary and Extended Service Areas), regardless of where the Member lives. In Colorado, the Services are provided by Volt Mobility Co-Op., referred to as (“Volt Mobility”). Users may not be co-op members but members pay a lower rate than non-member users for system usage. Not all services may be accessed by non-members.
Share2Own Membership –
Your Step 1- Volt Mobility Share2Own Membership is a 1 -year term membership at the members choice of membership level billed monthly. Standard Membership of at least $19.95 per month is required to be a share2own member.
Your Step 2- Select the micro mobility eVehicle you would like to purchase.
eScooters are $50 per month, eBikes are $90 per month. There are no interest charges. The $50 per month or $90 are in addition to the standard membership.
What Volt Mobility provides:
– Insure the vehicle against theft or loss ($300 deductible)
-Maintain and repair the vehicle for the 1 year term
-Relocate and charge the vehicle as needed by co-op members
-Rent your vehicle to other users & members during the 12 month Share2Own contract term
-Shares 1/3 of rental income from the vehicle credited to your Volt Mobility Share2Own account
Your Step 3- Use your micro mobility eVehicle, you are guaranteed 16 hours of micro mobility vehicle usage per month (you will be credited back up $144 (16 hours at the current membership rate of $9 per hour, per month of personal micro mobility usage each month up to 12 months). You can use any available micro mobility vehicle in the fleet.
– Note business members do not qualify for personal Micro Mobility vehicle usage credits.
Your Step 4- Share your vehicle with other co-op members.
Step 5- After 1 year (12 equal monthly payments of $50 per month(eScooter) or $90 per month (eBike) you own the eVehicle.
Step 6- After the 12 equal monthly payments you can either take your vehicle and keep it or you can continue to share your vehicle with the co-op.
Section 1 Membership Fees.
When you enroll as a Co-Op Member, You agree to be charged the membership fee plus any usage fees set forth in Section 2 as excess system usage that You incur. The membership fee amount is listed on the Services’ website at ‘www.Volt Mobility.com’ (“Website”), specifically at www.Volt Mobility.com/howitworks, and is subject to applicable sales taxes and other local government charges, which may be charged and collected by Volt Mobility. Non-members may also use most Volt Mobility services but at a higher non member rate.System usage fees incurred in excess of pre-paid membership amount will be charged standard rates for the amount of excess system usage.
Section 2 Member Usage Fees. Fees charged in dollars are converted to system usage credits. System usage credits are not refundable. System usage credits do not expire as long as membership dues are paid and membership remains active. Your Ride Time will be calculated beginning when You unlock and remove a Volt Mobility E-vehicles from a virtual dock, request a ride, delivery, or tour and is in accordance with your membership status as described below. Ride Time is billed with a minimum charge of $5 even if time and distance charges calculate to less. Micro Mobility may be charged in up to fifteen (15) minute increments. Usage fees are subject to applicable sales taxes and other local government charges as a matter of local tax law and is subject to change based on jurisdiction. Car rides are charged at a time or distance calculation based on standard mileage rate. Members receive a 25% discount off standard mileage rate, Non-members are charged standard mileage rate. Car usage has a standard time charge rate of up to $0.93 cents per minute as an alternate method for charging fees for services. Members receive a 25% discount off standard time charge or up $0.70 cents per minute. Members and Non-members will be charged either according to mileage or time whichever is greater.
|e-Vehicle Time / Hour**||Car Rides / Mile*||e-Vehicle Delivery / Mile||e-Vehicle Roadside Assistance / Mile***|
*Car Rides are subject to the Volt Mobility Automobile Use Agreement and subject to a five dollar ($5) minimum fee. System usage fees incurred in excess of pre-paid membership amount may be charged standard rates for the amount of excess system usage.
**For Members, there is a maximum usage fee of $25 per 24 hour period, $600 per 7 day period, and $1250 per 30 day period for non-returned micro mobility vehicle. For Non-Members, the respective fees are $50, $750 and $2,000. System usage fees incurred in excess of pre-paid membership amount may be charged standard rates for the amount of excess system usage.
***Roadside assistance services are subject to a daily, monthly, annual, and lifetime limitations for members. Included roadside assistance provided to members as a membership benefit are limited to primary service area. Roadside assistance in extended service area will incur charges for roadside assistance calls. Limits are set by Volt Mobility and are subject to change at Volt Mobility’s sole discretion. For roadside assistance calls outside of standard service area standard mileage charges will apply to member and non-member users. See service areas at VoltMobility.net for details of service areas. System usage fees incurred in excess of pre-paid membership amount will be charged standard rates for the amount of excess system usage. Roadside assistance is limited to extended service area, roadside assistance is not available outside of standard and extended service areas.
Each month, the total amount of all of Your usage fees will be applied to Your Account and charged against Your credit or acceptable payment method. Volt Mobility does not accept American Express credit cards. At any time, You may access a statement of Your trip history and associated charges by logging into Your Account profile page in the mobile application. If You have any dispute regarding a chargeable trip, then You must, within 10 business days from the end of the prior month with the disputed charge, provide to Volt Mobility 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. Your trip receipt, if any, indicating the date and time Your Volt Mobility E-vehicles was returned would be additional proof that the Volt Mobility E-vehicles had been properly returned. System usage fees incurred in excess of pre-paid membership amount will be charged standard rates for the amount of excess system usage.
Section 3 Lost or Damaged E-vehicles; Virtual e-Vehicle Dock; Additional Fees.
The Ride Time data generated by the Services’ computer is conclusive evidence of the period of use of a Volt Mobility E-vehicles by a Member. Your use of the Services is limited to a period of 24 consecutive hours. Any use that exceeds a period of 24 consecutive hours is deemed a disappearance of the Volt Mobility E-vehicles, until the Volt Mobility E-vehicles is found or returned to a Virtual e-Vehicle Dock or you contact Customer Service to alert them of increased rental time. If you elect to contact Customer Service to extend your rental time, your usage fees may be subject to the periodic maximum fees, in accordance with Section 2. If the Volt Mobility E-vehicles is not returned to a Virtual e-Vehicle Dock within a period of 24 consecutive hours and you do not alert Customer Service that you are keeping the Volt Mobility E-vehicles for a longer period, then the Volt Mobility E-vehicles is deemed lost or stolen, Member’s credit or debit card will be charged a fee of up to $1,250, and a police report may be filed with local authorities. The Volt Mobility E-vehicles must be returned by Member in the same condition in which it was rented. If the Volt Mobility E-vehicles is returned to a Virtual e-Vehicle Dock damaged or in a state of disrepair, then Member may be charged a fee that is equal to the cost of repair. Such fees may be charged as soon as 24 hours after the Volt Mobility E-vehicles is not returned or is returned in a damaged state. Volt Mobility will attempt to contact User via telephone and email before charging the User’s credit or debit card, by using the contact information provided by User when subscribing to the Services. For any disappearance of a Volt Mobility E-vehicles that was released on User’s account, User must report the disappearance to the local police department and to Volt Mobility, as applicable, within 24 hours following the disappearance.
Section 4 Credit/Debit Card Matters.
You must input a valid credit or debit card number and expiration date before You will be registered to use Volt Mobility Services. You represent and warrant to Volt Mobility that You are authorized to use the credit or debit card. You authorize Volt Mobility to charge Your credit or debit card for all fees incurred by You, subject to applicable sales taxes and other local government charges. If You dispute any charge on Your credit or debit card account, then You must contact Volt Mobility within 10 days of Your receipt of Your statement containing the disputed charge. You agree to immediately inform Volt Mobility of all changes relating to Your credit or debit card and update Your member profile on the Website. Charges made to credit cards for membership are converted to system usage credits. System usage credits are not refundable but are banked in member account and do not expire as long as monthly membership fees are paid.
Section 5 Prohibited Acts.
- You may not ride a Volt Mobility E-vehicles if You are under 16 years of age. A minor who is 16 years of age or older may only use the Services if the minor’s membership is subscribed for by, and the minor is under the responsibility of the minor’s parent or legal guardian. By authorizing the use of the Services by a minor, the parent or legal guardian (i) agrees that he or she is fully and completely responsible and liable for all injuries, damages, costs, and expenses arising from or related to the minor’s use of the Services, and (ii) represents, warrants, and agrees that he or she is the minor’s parent or legal guardian and that he or she and the minor have all accepted and agreed, as a Member, to all terms and conditions of this Rental Agreement.
- You may not ride a Volt Mobility E-vehicles while carrying any briefcase, backpack, bag, or other item if it impedes Your ability to operate safely the Volt Mobility E-vehicles.
- You may not use or wear any cellular telephone, tablet, laptop, text messaging device, portable music player, or other device that may distract You from safely operating a Volt Mobility E-vehicles.
- You may not operate a Volt Mobility E-vehicles while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to safely operate a Volt Mobility E-vehicles.
- Each Volt Mobility E-vehicles is intended for use by one person only; You may not carry, tow, or otherwise transport a second person (including a child or pet) using a Volt Mobility E-vehicles or in the basket.
- You may not use any locking mechanism, other than the locking mechanism provided in the Virtual e-Vehicle Dock, to lock a Volt Mobility E-vehicles to a Virtual e-Vehicle Dock.
- You may not violate any applicable federal, state, or local law, or any command or instruction from law enforcement personnel, including those for E-vehicles riders.
- You may not modify, dismantle, write on, or otherwise alter or deface a Volt Mobility E-vehicles or any part of a Volt Mobility E-vehicles in any way. You may not write on, peel, or otherwise modify or deface any sticker on a Volt Mobility E-vehicles in any way. You may not use a Volt Mobility E-vehicles for any advertising or similar commercial purpose.
- You may not attach anything to a Volt Mobility E-vehicles, including but not limited to baskets, cup-holders, electric drives, child seats, trailers or tandem E-vehicles.
- You may not exceed the maximum weight limit for the Volt Mobility E-vehicles (250 pounds) or the basket (30 pounds), and You may not otherwise use the basket improperly with regard to type of content or any visual obstruction or riding impediment.
- You may not operate a Volt Mobility E-vehicles in poor or dangerous weather or road conditions, including rain,snow, hail, ice, sleet, freezing rain, fog, high winds, or electrical storms, which could make it more dangerous to operate a Volt Mobility E-vehicles. You must limit or adjust Your riding behavior and braking distance to suit the weather conditions, and You must promptly act in a safe manner and return, if it would be necessary and prudent to do so, Your Volt Mobility E-vehicles to an available Virtual e-Vehicle Dock.
- You may not allow others to use a Volt Mobility E-vehicles that You have removed from a Virtual e-Vehicle Dock. You understand that when You remove a Volt Mobility E-vehicles from a Virtual e-Vehicle Dock, the Volt Mobility E-vehicles may be used only by You. You may not transfer Your system key, numeric code on the system key, or any other unique Member information to any other person. You may not share Your membership with any other person.
- YOU UNDERSTAND AND ASSUME THE RISKS OF YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN THIS SECTION. SUCH RISKS INCLUDE INJURY OR DEATH TO YOU AND OTHERS, DAMAGE TO OR DESTRUCTION OF YOUR AND OTHERS’ PROPERTY, AND THE POTENTIAL THAT YOU WILL BE CITED OR ARRESTED FOR VIOLATION OF APPLICABLE LAWS.
- Releases; No Warranties; Assumption of Risk; Indemnification by Member.
Section 6 Releases; No Warranties.
IN EXCHANGE FOR YOUR BEING ALLOWED TO USE ANY OF THE SERVICES, Volt Mobility E-vehicles, STATIONS, OR VIRTUAL e-Vehicle DOCKS YOU (ACTING FOR YOURSELF AND FOR ALL OF YOUR FAMILY, HEIRS, AGENTS, AFFILIATES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS) DO FULLY AND FOREVER RELEASE AND DISCHARGE ALL RELEASED PERSONS FROM ALL CLAIMS THAT YOU HAVE OR MAY HAVE AGAINST ANY RELEASED PERSON ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES. SUCH RELEASES ARE INTENDED TO BE GENERAL AND COMPLETE RELEASES AND WAIVERS OF ALL CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES. THE RELEASED PERSONS MAY PLEAD SUCH RELEASES AS A COMPLETE AND SUFFICIENT DEFENSE TO ANY CLAIM, AND MAY DO SO AS INTENDED THIRD-PARTY BENEFICIARIES OF SUCH RELEASES, IF APPROPRIATE.
WITHOUT LIMITATION OF THE FOREGOING GENERAL RELEASES, YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY APPLICABLE LAW, Volt Mobility 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 RENTAL AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, Volt Mobility E-vehicles, STATIONS, OR VIRTUAL e-Vehicle DOCKS, (C) YOUR BREACH OF THIS RENTAL AGREEMENT, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN SECTION 5, OR YOUR VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU OR BY BCL OR ANY RELEASED PERSON, (E) YOUR FAILURE TO WEAR A E-vehicles HELMET OR OTHER PROTECTIVE GEAR OR CLOTHING WHILE USING Volt Mobility E-vehicles, OR THE FAILURE OF SUCH HELMET OR PROTECTIVE GEAR OR CLOTHING TO PREVENT DEATH OR INJURY, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. YOU RELEASE AND WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF Volt Mobility OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.
WITHOUT LIMITING THE BREADTH OF THE FOREGOING, YOU AGREE TO RELEASE Volt Mobility AND ALL OTHER RELEASED PERSONS FOR ANY INJURY, DAMAGES OR LOSSES CAUSED BY THE ALLEGED NEGLIGENCE OF Volt Mobility OR ANY OTHER RELEASED PERSON.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, Volt Mobility E-vehicles, STATIONS, OR VIRTUAL e-Vehicle DOCKS IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, Volt Mobility E-vehicles, STATIONS, OR VIRTUAL e-Vehicle DOCKS, Volt Mobility AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL OF THE SERVICES, Volt Mobility E-vehicles, STATIONS, AND VIRTUAL e-Vehicle DOCKS ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK). Volt Mobility AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, Volt Mobility E-vehicles, STATIONS, OR VIRTUAL e-Vehicle DOCKS WILL BE IN GOOD REPAIR OR ERROR-FREE. YOU ACKNOWLEDGE AND AGREE THAT DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, Volt Mobility E-vehicles, STATIONS, OR VIRTUAL e-Vehicle DOCKS. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE SERVICES, Volt Mobility E-vehicles, STATIONS, OR VIRTUAL e-Vehicle DOCKS, AND Volt Mobility AND ALL OTHER RELEASED PERSONS ARE NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. YOU ASSUME FULL AND COMPLETE RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES AND CLAIMS OF ANY KIND OR NATURE WHATSOEVER RELATED TO YOUR STOLEN OR LOST Volt Mobility E-vehicles OR SYSTEM KEY.
As used in this Part II and elsewhere in this Rental Agreement, “Claims” or “CLAIMS” means, collectively, 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 at or in preparation for trial, appeal, mediation, or otherwise), damages (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 Volt Mobility E-vehicles, Stations, or VIRTUAL e-Vehicle DOCKS, or (b) Your use of any of the foregoing. “Released Persons” or “RELEASED PERSONS” means, collectively, (i) Volt Mobility and all of its and its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, (ii) the cities, counties and/or municipalities of any of Volt Mobility’s Primary or Extended Service Areas, (iii) every sponsor of any of the Services and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, and (vii) every holder of property on which is located a Station and all of the property holder’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns.
Section 7 Assumption of Risk; Indemnification by Member.
MEMBER IS SOLELY AND FULLY RESPONSIBLE FOR THE SAFE OPERATION OF THE Volt Mobility E-vehicles AT ALL TIMES. MEMBER UNDERSTANDS THAT THIS AND OTHER SECTIONS IN THIS RENTAL AGREEMENT DESCRIBE AND RELATE TO THE RISKS RELATING TO MEMBER’S USE OF THE SERVICES. MEMBER AFFIRMS THAT MEMBER HAS READ, UNDERSTANDS, AND ACCEPTS THE ENTIRE RENTAL AGREEMENT. MEMBER AGREES THAT E-vehicles ARE MACHINES THAT MAY MALFUNCTION, EVEN IF THE E-vehicles IS PROPERLY MAINTAINED, AND THAT SUCH MALFUNCTION MAY CAUSE INJURY. MEMBER FURTHER AGREES THAT, BEFORE ANY USE OF THE SERVICES, MEMBER WILL PERFORM THE SAFETY INSPECTION DESCRIBED IN SECTION 8, AND MEMBER WILL NOT USE A E-vehicle THAT FAILS THE SAFETY INSPECTION AND WILL NOTIFY Volt Mobility, AS APPLICABLE, OF SUCH FAILURE. MEMBER AGREES THAT RIDING A Volt Mobility E-vehicle INVOLVES MANY OBVIOUS AND NOT-SO-OBVIOUS RISKS, DANGERS, AND HAZARDS, WHICH MAY RESULT IN INJURY OR DEATH TO MEMBER OR OTHERS, AS WELL AS DAMAGE TO PROPERTY, AND THAT SUCH RISKS, DANGERS, AND HAZARDS CANNOT ALWAYS BE PREDICTED OR AVOIDED. SUCH RISKS, DANGERS, AND HAZARDS INCLUDE AND RELATE TO, BUT ARE NOT LIMITED TO, OTHER VEHICLES, E-vehicles, PEDESTRIANS, OTHER THIRD PARTIES, BUILDINGS, OBJECTS, POTHOLES, WHEELSTOPS, CURBS, DOCKING PLATES, DELINEATORS, PAVEMENT CRACKS, RUTS, UNEVEN OR UNSTABLE ROADWAYS OR BIKE PATHS, LIGHT RAIL OR RAIL ROAD TRACKS, WEATHER CONDITIONS, ROAD CONDITIONS, ANIMALS, ROAD KILL, VEGETATION, AND OTHER PERMANENT OR TEMPORARY OBSTRUCTIONS ON OR NEAR ROADWAYS OR BIKE PATHS, THE POSSIBILITY OF COLLIDING WITH STATION ELEMENTS, STREET FIXTURES, OR OTHER FIXED OBJECTS, THE POSSIBILITY OF CRIMINAL OR OTHER THIRD-PARTY ACTS OR OMISSIONS, E-vehicles OR COMPONENT MALFUNCTION, NEGLIGENT ACTS OR OMISSIONS BY ANY RELEASED PERSON, MEMBER’S OR ANY THIRD PERSON’S NEGLIGENT ACTS OR OMISSIONS, AND MEMBER’S UNDERLYING KNOWN OR UNKNOWN HEALTH CONDITIONS. MEMBER AGREES THAT ALL SUCH RISKS, DANGERS, AND HAZARDS, WHETHER KNOWN OR UNKNOWN, ARE MEMBER’S SOLE RESPONSIBILITY AND MEMBER ASSUMES ALL RELATED RISKS.
MEMBER FURTHER AGREES THAT IF MEMBER’S USE OF ANY OF THE SERVICES CAUSES ANY INJURY OR DAMAGE TO ANOTHER PERSON OR PROPERTY, THEN MEMBER MAY BE LIABLE FOR ALL RESULTING INJURIES, DAMAGES, AND RELATED COSTS. BY CHOOSING TO RIDE A Volt Mobility E-vehicles, MEMBER ASSUMES FULL AND COMPLETE RESPONSIBILITY FOR ALL RELATED FORESEEABLE AND UNFORESEEABLE RISKS, DANGERS, AND HAZARDS, AND MEMBER AGREES THAT Volt Mobility AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE FOR ANY DEATH, INJURY, DAMAGE, OR COST CAUSED BY MEMBER WITH RESPECT TO ANY PERSON OR PROPERTY, INCLUDING THE Volt Mobility E-vehicles ITSELF.
MEMBER AGREES, WITHOUT LIMITATION, TO INDEMNIFY AND HOLD HARMLESS ALL RELEASED PERSONS FROM ANY DEATH, INJURY, OR DAMAGE TO MEMBER, ANOTHER PERSON OR PERSONS, OR PROPERTY ARISING OUT OF OR IN ANY WAY CONNECTED TO MEMBER’S USE OF THE SERVICES.
Section 8 E-vehicles Safety Inspection.
Before each use of a Volt Mobility E-vehicles, You must conduct a safety inspection of the Volt Mobility E-vehicles, which includes inspecting for all of the following: (i) proper tire pressure; (ii) trueness of the wheels; (iii) safe operation of all brakes and lights; (iv) proper attachment of the seat, pedals, and basket; (v) alignment of the fender and the metal rods that hold the fender in place; (vi) good condition of the frame; and (vii) no sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. You may not ride the Volt Mobility E-vehicles if You notice any mechanical or other problem or safety issue; and, in such case, You must promptly notify Volt Mobility, as applicable, of all problems and issues and use a different Volt Mobility E-vehicles.
Section 9 Returning E-vehicles.
To return a Volt Mobility E-vehicles, You must secure it with the Virtual e-Vehicle Dock. When the Volt Mobility E-vehicles is correctly docked, you will receive a push notification from the mobile application, a text message and/or email, to confirm that the Volt Mobility E-vehicles has been properly secured to the Virtual e-Vehicle Dock (the “Confirmation”). If the Volt Mobility E-vehicles is not properly secured to the Virtual e-Vehicle Dock, then you will not receive the Confirmation. If you have not received the Confirmation, then You must repeat the operation until you do receive the Confirmation and the Volt Mobility E-vehicles is properly secured in the Virtual e-Vehicle Dock. For more information on how to return the Volt Mobility E-vehicles please refer to in app links for a instructional videos or help articles. If after several attempts to return the Volt Mobility E-vehicles and you do not receive the Confirmation, then You must contact Customer Service immediately. If Customer Service is unable to assist you, Volt Mobility will dispatch a vehicle via the e-Vehicle RoadSide Assistance service (in accordance with the e-Vehicle RoadSide Assistance Service Agreement) and retrieve the Volt Mobility E-vehicles. Additional fees may apply, as provided for in the e-Vehicle RoadSide Assistance Service Agreement. Any Volt Mobility E-vehicles that is not properly secured remains the sole responsibility of Member account under which said vehicle is rented, and the usage fees set forth in Section 2 will be charged until the Volt Mobility E-vehicles is properly secured.
Section 10 Helmets; Safety.
Volt Mobility requires that all users & Members wear helmet and strongly recommends a Snell, CPSC, ANSI, or ASTM approved helmet that has been properly sized, fitted, and fastened, according to the manufacturer’s instructions. Wearing a Snell, CPSC, ANSI, or ASTM approved helmet, properly sized, fitted, and fastened, while cycling may protect against an injury or may lessen the severity of an injury caused by an impact to the head; however, E-vehicles helmets are not 100% effective, do not protect against all head injuries, and do not protect against other injuries. Volt Mobility AND THE OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THE QUALITY OR SAFETY CHARACTERISTICS OF ANY HELMET, AND MEMBER AGREES THAT Volt Mobility AND THE OTHER RELEASED PERSONS ARE NOT LIABLE FOR ANY INJURY SUFFERED BY MEMBER OR NON-MEMBER WHILE USING ANY OF THE SERVICES, WHETHER OR NOT MEMBER OR NON-MEMBER IS WEARING A HELMET AT THE TIME OF INJURY. MEMBER OR NON_MEMBER ASSUMES ALL RISK OF NOT WEARING A HELMET OR OTHER PROTECTIVE CLOTHING AND GEAR. Member or NON-MEMBER agrees that, when using any of the Services, Member or NON_MEMBER might need to take additional safety measures and precautions that are not specifically addressed in this Rental Agreement.
Section 11 – Intentionally Omitted.
- You represent, warrant, and agree that You are a safe and competent E-vehicles operator, You are sufficiently fit and physically capable to safely ride a E-vehicles without any risk to Your health, You are knowledgeable about the operation of a E-vehicles, and You are knowledgeable about the laws pertaining to E-vehicles operated within the respective Primary or Extended Service Area’s county and/or municipal’s jurisdiction. LIKE ANY PHYSICAL ACTIVITY, RIDING A Volt Mobility E-vehicles MAY CAUSE MINOR OR MAJOR INJURIES OR DISCOMFORT, INCLUDING DEATH, AND MAY WORSEN OR COMPLICATE UNDERLYING MEDICAL CONDITIONS OR DISEASES. BY CHOOSING TO RIDE A Volt Mobility E-vehicles, YOU ASSUME ALL RESPONSIBILITIES AND RISKS FOR ALL SUCH INJURIES OR OTHER MEDICAL CONDITIONS.
- You represent, warrant, and agree that Volt Mobility is not responsible for providing or maintaining E-vehicles lanes or any other place where You may ride Volt Mobility E-vehicles, and that Volt Mobility and the other Released Persons do not guarantee that there will always be a safe place to ride a Volt Mobility E-vehicles. Roads, E-vehicles lanes, and E-vehicles routes may become dangerous due to weather, traffic, or other hazards. You must not use a Volt Mobility E-vehicles for racing, riding off road, or any other use, besides safe operation on public or private roads or property and designated E-vehicles routes.
- You represent, warrant, and agree that Volt Mobility and the other Released Persons are not common carriers. Alternative means of public and private transportation are available to the general public and to You, including public buses and rail services, taxis, and pedestrian paths. Volt Mobility provides Volt Mobility E-vehicles only as a convenience and recreational activity, not as a public service (other than as a public benefit in accordance with Volt Mobility’s status as a Public Benefit Corporation), and such rental availability is intended to be used only by those persons who are able and qualified to operate a Volt Mobility E-vehicles on their own and who have agreed to all terms and conditions of this Rental Agreement.
- Member must report to the police and to Volt Mobility Customer Services at (833) 4MY-VOLT, (833) 469-8658 as soon as possible, but in no event later than 24 hours after the occurrence of (i) any crash, damage, loss, or personal injury while using a Volt Mobility E-vehicles, (ii) any vandalism of any of the Services, (iii) any stolen or lost Volt Mobility E-vehicles, and (iv) any stolen or lost system key.
- Members and Non-members are fully and completely responsible for all charges, damages, and injuries that arise from or relate to any use of Member’s system key before (i) a deactivation of the key by Volt Mobility upon the expiration of membership, or (ii) a report to the Volt Mobility Customer Services at (833) 4MY-VOLT, (833) 469-8658 that the system key is lost or stolen.
Section 13 Limitations on Availability of Services.
Volt Mobility makes every effort to provide the Services for 365 days per year; however, Volt Mobility does not guarantee that the Services will be available at all times, as force majeure events or other circumstances might prevent Volt Mobility from providing the Services from time to time. Access to the Services also is conditioned on the availability of Volt Mobility E-vehicles and available Virtual e-Vehicle Docks at each Station. Volt Mobility does not represent or warrant the availability of any Services or the availability of any Volt Mobility E-vehicles or Virtual e-Vehicle Docks at any Station. No sponsor of Volt Mobility has any responsibility for providing any Services. Members may use the Website or Mobile App to check the inventory of Volt Mobility E-vehicles and Virtual e-Vehicle Docks available at a Station. Member agrees that Volt Mobility, as applicable, may require Member to return a Volt Mobility E-vehicles at any time.
Section 14 Term and Termination.
The term of this Rental Agreement begins when You first access the Services, and continues on a month-to-month basis; provided, however, that Your personal financial responsibility under Section 4 of this Rental Agreement, titled Credit and Debit Card Matters, expires one year after the later of (i) Your last use of the Services, or (ii) the expiration of Your membership. At any time and from time to time, and without Your consent, Volt Mobility may unilaterally terminate Your right to use any of the Services, in Volt Mobility’s sole discretion and without any notice or cause.
You may terminate Your use of the Services at any time; provided, however, that (i) Volt Mobility shall only refund the remaining pro-rata portion of the monthly fee as of the date of cancellation with respect to the 1st of that month, less any applicable Usage Fees(ii) the term of this Rental Agreement continues in accordance with this Section, and (iii) You may still be charged any applicable additional fees arising under this Rental Agreement. This Rental 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 Rental Agreement is terminated. Normal monthly subscription membership payments are converted to system usage credits. Payments received by Volt Mobility up to the member assigned membership level are immediately converted to system usage credits. System usage credits are non-refundable. Any payments in excess of system usage credits at that membership level are refundable less any system use charges incurred for that month. Example $19.95 membership charged on the 1st of the month, member had $9.95 of system usage credit in residual from previous month, member used services in the amount of $5.00 as of the date of cancellation member due a refund of $5.00.
All memberships are auto-renewed on a monthly basis. Members who have been enrolled into auto-renew may prevent their membership from auto-renewing by deselecting the “Auto-Renew Membership” box found on the Website (www.Volt Mobility.com/services) or by calling Customer Service.
The membership, and the personal identification number and system key related thereto, are non-transferable and may be terminated if Member breaches this Rental Agreement, as decided by Volt Mobility in its sole discretion.
Section 15 Notices.
You may contact Volt Mobility by writing, calling or emailing Volt Mobility at the address listed below:
For issues relating to Colorado operations or Volt Mobility E-vehicles rented in Colorado:
Volt Mobility, 5610 Ward Rd. #300, Arvada CO 80003
Section 16 Choice of Law; Dispute Resolution; Attorneys’ Fees.
This Rental Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of Colorado, excluding principles of conflicts of laws. For every dispute regarding this Rental Agreement: (i) each party consents to the jurisdiction of the courts of the State of Colorado and agrees that those courts have personal jurisdiction over each party; (ii) venue must be in the State of Colorado State; and (iii) the parties must submit the dispute to mandatory mediation held in the State of Colorado. Every mediation must be completed within 6 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 6-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.
Further, if Volt Mobility prevails in litigation against, or settles a dispute with, a Member to enforce its rights under this Rental Agreement, Volt Mobility shall be entitled to its costs, expenses, and reasonable attorneys’ fees (whether incurred at or in preparation for trial, appeal, mediation or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which Volt Mobility may be entitled.
Section 17 Waivers.
No waiver of any breach of any provision of this Rental Agreement is a waiver of any other breach or of any other provision of this Rental Agreement. The terms of this Rental Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term being waived or amended.
For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to Volt Mobility and its and their 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, 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 Volt Mobility and its and their affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice, 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 Volt Mobility may decide in its sole discretion, the photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge 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.
Section 19 Cumulative Remedies.
All rights and remedies granted under or referred to in this Rental Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.
Section 20 Final Agreement; Modification by Volt Mobility.
This Rental Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Rental Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Member’s consent, Volt Mobility may unilaterally amend, modify, or change this Rental Agreement, in its sole discretion and without any notice or cause. By continuing to use any Services after any amendment, modification, or change, Member has agreed to be bound by all such amendments, modifications, and changes. Member must carefully review this Rental Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Rental Agreement, Volt Mobility will post a notification on the Website at www.Volt Mobility.com/legal. Notwithstanding any provision in this Rental Agreement that may be to the contrary, the pricing set forth on the Website supersedes all pricing set forth in this Rental Agreement.
Section 21 Severability.
If a court deems any provision of this Rental Agreement, including the binding arbitration and class action waiver provisions, illegal or otherwise unenforceable for any reason, Member agrees that provision shall be severed from the Rental Agreement and shall be inoperative, and the remainder of the Rental Agreement shall remain operative and shall be binding on the parties
User Agreement to Rental Agreement
I consent to electronic signatures & disclosures and by checking I agree I certify that I am the Member or User, I am 18 years of age or older, and I have read and agreed to the terms and conditions set forth in this Rental Agreement.
I certify that I am the Parent or Legal Guardian of the Member or User, who is 16 years of age or older, and I have read and agreed to the terms and conditions set forth in this Rental Agreement on behalf of myself and the minor child Member or User, and I authorize the use of the Services by such minor Member or User.
Volt Mobility Automobile Use Agreement
Section 1 Contractual Relationship.
govern your access or use, from within the United States and its territories
and possessions, of the applications, websites, content, products, and services
(the “Automobile UseServices,” as more fully defined below in Section 3) made
available in the United States and its territories and possessions by Volt Mobility
Corp., a public benefit corporation (“Volt Mobility”) and its parents,
subsidiaries, representatives, affiliates, officers and directors
(collectively, “Volt Mobility”). PLEASE READ THESE TERMS CAREFULLY, AS THEY
CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND Volt Mobility. In these Terms, the
words “including” and “include” mean “including, but not limited to.”
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Volt Mobility may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION
AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES
WITH Volt Mobility ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY
ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND
UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER
THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to certain
Services, such as policies for a particular event, program, activity or
promotion, and such supplemental terms will be disclosed to you in separate
region-specific disclosures (e.g., a particular municipality’s webpage on
Volt Mobility.com) or in connection with the applicable Service(s). Supplemental
terms are in addition to, and shall be deemed a part of, the Terms for the
purposes of the applicable Service(s). Supplemental terms shall prevail over
these Terms in the event of a conflict with respect to the applicable Services.
Volt Mobility may amend the Terms from time to time. Amendments will be effective upon Volt Mobility’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If Volt Mobility changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Volt Mobility written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Volt Mobility Corp. (the name and current contact information for the registered agent in each state are available online www.Volt Mobility.com/aboutus, or (b) by email from the email address associated with your Account to: general@Volt Mobility.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
Volt Mobility’s collection and use of personal information in connection with the Services is described in Volt Mobility’s Privacy Statements located at www.Volt Mobility.com/legal
Section 2 Arbitration Agreement.
By agreeing to the Terms, you agree that
you are required to resolve any claim that you may have against Volt Mobility on an
individual basis in arbitration, as set forth in this Arbitration Agreement.
This will preclude you from bringing any class, collective, or representative
action against Volt Mobility, and also preclude you from participating in or
recovering relief under any current or future class, collective, consolidated,
or representative action brought against Volt Mobility by someone else.
Agreement to Binding Arbitration Between You and Volt Mobility.
You and Volt Mobility agree that any dispute,
claim or controversy arising out of or relating to (a) these Terms or the
existence, breach, termination, enforcement, interpretation or validity
thereof, or (b) your access to or use of the Services at any time, whether
before or after the date you agreed to the Terms, will be settled by binding
arbitration between you and Volt Mobility, and not in a court of law.
You acknowledge and agree that you and
Volt Mobility are each waiving the right to a trial by jury or to participate as a
plaintiff or class member in any purported class action or representative
proceeding. Unless both you and Volt Mobility otherwise agree in writing, any
arbitration will be conducted only on an individual basis and not in a class,
collective, consolidated, or representative proceeding. However, you and Volt Mobility each retain the right to bring an individual action in small claims court
and the right to seek injunctive or other equitable relief in a court of
competent jurisdiction to prevent the actual or threatened infringement,
misappropriation or violation of a party’s copyrights, trademarks, trade
secrets, patents or other intellectual property rights.
Rules and Governing Law.
The arbitration will be administered by
the American Arbitration Association (“RoadSide Assistance”) in accordance with the e-Vehicle RoadSide Assistance’s
Consumer Arbitration Rules and the Supplementary Procedures for Consumer
Related Disputes (the “ RoadSide Assistance Rules”) then in effect, except as modified by this
Arbitration Agreement. The e-Vehicle RoadSide Assistance Rules are available at www.adr.org/arb_med or by calling AAA at 1-800-778-7879.
The parties agree that the arbitrator
(“Arbitrator”), and not any federal, state, or local court or agency, shall
have exclusive authority to resolve any disputes relating to the
interpretation, applicability, enforceability or formation of this Arbitration
Agreement, including any claim that all or any part of this Arbitration
Agreement is void or voidable. The Arbitrator shall also be responsible for
determining all threshold arbitrability issues, including issues relating to
whether the Terms are unconscionable or illusory and any defense to
arbitration, including waiver, delay, laches, or estoppel.
All matters relating to the Website and
thereto (in each case, including non-contractual disputes or claims), shall be
governed by and construed in accordance with the internal laws of the State of
Colorado without giving effect to any choice or conflict of law provision or
rule (whether of the State of Colorado or any other jurisdiction).
A party who desires to initiate
arbitration must provide the other party with a written Demand for Arbitration
as specified in the e-Vehicle RoadSide Assistance Rules. (The e-Vehicle RoadSide Assistance provides a form Demand for Arbitration
– Consumer Arbitration Rules at www.adr.org or by calling the e-Vehicle RoadSide Assistance at 1-800-778-7879).
The Arbitrator will be either (1) a retired judge or (2) an attorney
specifically licensed to practice law in the state of Colorado and will be
selected by the parties from the e-Vehicle RoadSide Assistance’s roster of consumer dispute arbitrators.
If the parties are unable to agree upon an Arbitrator within seven (7) days of
delivery of the Demand for Arbitration, then the e-Vehicle RoadSide Assistance will appoint the
Arbitrator in accordance with the e-Vehicle RoadSide Assistance Rules.
Location and Procedure.
Unless you and Volt Mobility otherwise agree,
the arbitration will be conducted in the county where you reside. If your claim
does not exceed $10,000, then the arbitration will be conducted solely on the
basis of documents you and Volt Mobility submit to the Arbitrator, unless you
request a hearing or the Arbitrator determines that a hearing is necessary. If
your claim exceeds $10,000, your right to a hearing will be determined by the
e-Vehicle RoadSide Assistance Rules. Subject to the e-Vehicle RoadSide Assistance Rules, the Arbitrator will have the discretion to
direct a reasonable exchange of information by the parties, consistent with the
expedited nature of the arbitration.
The Arbitrator will render an award within
the time frame specified in the e-Vehicle RoadSide Assistance 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. An Arbitrator’s decision shall be final and
binding on all parties. An Arbitrator’s decision and judgment thereon shall
have no precedential or collateral estoppel effect. If you prevail in
arbitration you will be entitled to an award of attorneys’ fees and expenses,
to the extent provided under applicable law. Volt Mobility will not seek, and
hereby waives all rights Volt Mobility may have under applicable law to recover,
attorneys’ fees and expenses if Volt Mobility prevails in arbitration.
Your responsibility to pay any e-Vehicle RoadSide Assistance filing,
administrative and arbitrator fees will be solely as set forth in the e-Vehicle RoadSide Assistance
Rules. However, if your claim for damages does not exceed $75,000, Volt Mobility
will pay all such fees, unless the Arbitrator finds that either the substance
of your claim or the relief sought in your Demand for Arbitration was frivolous
or was brought for an improper purpose (as measured by the standards set forth
in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions in Section
I above, regarding consent to be bound by amendments to these Terms, if Volt Mobility changes this Arbitration Agreement after the date you first agreed to the
Terms (or to any subsequent changes to the Terms), you may reject any such
change by providing Volt Mobility written notice of such rejection within 30 days
of the date such change became effective, as indicated in the “Effective” date
above. This written notice must be provided either (a) by mail or hand delivery
to our registered agent for service of process, c/o Volt Mobility Corp. (the name
and current contact information for the registered agent is available online
www.Volt Mobility.com/aboutus), or (b) by email from the email address associated
with your Account to: general@Volt Mobility.com. In order to be effective, the
notice must include your full name and clearly indicate your intent to reject
changes to this Arbitration Agreement. By rejecting changes, you are agreeing
that you will arbitrate any dispute between you and Volt Mobility in accordance
with the provisions of this Arbitration Agreement as of the date you first
agreed to the Terms (or to any subsequent changes to the Terms).
Severability and Survival.
If any portion of this Arbitration
Agreement is found to be unenforceable or unlawful for any reason, (1) the
unenforceable or unlawful provision shall be severed from these Terms; (2)
severance of the unenforceable or unlawful provision shall have no impact
whatsoever on the remainder of the Arbitration Agreement or the parties’ ability
to compel arbitration of any remaining claims on an individual basis pursuant
to the Arbitration Agreement; and (3) to the extent that any claims must
therefore proceed on a class, collective, consolidated, or representative
basis, such claims must be litigated in a civil court of competent jurisdiction
and not in arbitration, and the parties agree that litigation of those claims
shall be stayed pending the outcome of any individual claims in arbitration.
Section 3 The Automobile UseServices.
The Automobile UseServices comprise mobile
applications and related services (each, an “Application”), which enable users
to arrange and schedule transportation, including with third party providers of
such services and goods under agreement with Volt Mobility or certain affiliates (“Third Party Providers”). In certain instances the Automobile Use Services may also include an option to receive transportation for an
upfront price, subject to acceptance by the respective Third Party Providers.
Unless otherwise agreed by Volt Mobility in a separate written agreement with you,
the Automobile UseServices are made available solely for your personal,
noncommercial use. YOU ACKNOWLEDGE
THAT YOUR ABILITY TO OBTAIN TRANSPORTATION THROUGH THE USE OF THE AUTOMOBILE USE SERVICES DOES NOT ESTABLISH Volt Mobility AS A TRANSPORTATION CARRIER.
Subject to your compliance with these
Terms, Volt Mobility grants you a limited, non-exclusive, non-sublicensable,
revocable, non-transferable license to: (i) access and use the Applications on
your personal device solely in connection with your use of the Automobile UseServices;
and (ii) access and use any content, information and related materials that may
be made available through the Automobile UseServices, in each case solely for
your personal, noncommercial use. Any rights not expressly granted herein are
reserved by Volt Mobility and Volt Mobility’s licensors.
You may not: (i) remove any copyright,
trademark or other proprietary notices from any portion of the Automobile UseServices;
(ii) reproduce, modify, prepare derivative works based upon, distribute,
license, lease, sell, resell, transfer, publicly display, publicly perform,
transmit, stream, broadcast or otherwise exploit the Automobile UseServices
except as expressly permitted by Volt Mobility; (iii) decompile, reverse engineer
or disassemble the Automobile UseServices except as may be permitted by
applicable law; (iv) link to, mirror or frame any portion of the Automobile UseServices;
(v) cause or launch any programs or scripts for the purpose of scraping,
indexing, surveying, or otherwise data mining any portion of the Automobile UseServices
or unduly burdening or hindering the operation and/or functionality of any
aspect of the Automobile UseServices; or (vi) attempt to gain unauthorized
access to or impair any aspect of the Automobile UseServices or its related systems
Third Party Services and Content.
The Automobile UseServices may be made
available or accessed in connection with third party services and content
(including advertising) that Volt Mobility does not control. You acknowledge that
party services and content. Volt Mobility does not endorse such third party
services and content and in no event shall Volt Mobility be responsible or liable
for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc.,
Microsoft Corporation or BlackBerry Limited will be a third-party
beneficiary to this contract if you access the Automobile UseServices using
Applications developed for Apple
iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices,
respectively. These third party beneficiaries are not parties to this contract
and are not responsible for the provision or support of the Automobile UseServices
in any manner. Your access to the Automobile UseServices using these devices is
subject to the terms set forth in the applicable third party beneficiary’s terms of
The Automobile UseServices and all rights
therein are and shall remain Volt Mobility’s property or licensors. Neither these Terms nor your use of the Automobile UseServices
convey or grant to you any rights: (i) in or related to the Automobile UseServices
except for the limited license granted above; or (ii) to use or reference in
any manner Volt Mobility’s company names, logos, product and service names,
trademarks or service marks or those of Volt Mobility’s licensors.
Section 4 Access and Use of
the Automobile UseServices.
In order to use most aspects of the Automobile Use Services, you must register for and maintain an active personal user account (“Account”). You must be at least 18 years of age, or
the age of legal majority in your jurisdiction (if different than 18), to
obtain an Account, unless a specific Automobile UseService permits otherwise.
Account registration requires you to submit to Volt Mobility certain personal
information, such as your name, address, mobile phone number and age, as well
as at least one valid payment method supported by Volt Mobility. You agree to
maintain accurate, complete, and up-to-date information in your Account. Your
failure to maintain accurate, complete, and up-to-date Account information, including
having an invalid or expired payment method on file, may result in your
inability to access or use the Automobile UseServices. You are responsible for
all activity that occurs under your Account, and you agree to maintain the
security and secrecy of your Account username and password at all times. Unless
otherwise permitted by Volt Mobility in writing, you may only possess one Account.
User Requirements and Conduct.
The Automobile UseService is not available
for use by persons under the age of 18. You may not authorize third parties to
use your Account, and you may not allow persons under the age of 18 to receive
transportation or logistics services from Volt Mobility or Third Party Providers
unless they are accompanied by you. You may not assign or otherwise transfer
your Account to any other person or entity. You agree to comply with all
applicable laws when accessing or using the Automobile UseServices, and you may
only access or use the Automobile UseServices for lawful purposes (e.g., no
transport of unlawful or hazardous materials). You may not in your access or
use of the Automobile UseServices cause nuisance, annoyance, inconvenience, or
property damage, whether to the Third Party Provider or any other party. In
certain instances you may be asked to provide proof of identity or other method
of identity verification to access or use the Automobile UseServices, and you
agree that you may be denied access to or use of the Automobile UseServices if
you refuse to provide proof of identity or other method of identity
Text Messaging and Telephone Calls.
You agree that Volt Mobility may contact you
by telephone or text messages (including by an automatic telephone dialing
system) at any of the phone numbers provided by you or on your behalf in
connection with a Volt Mobility account, including for marketing purposes. You
understand that you are not required to provide this consent as a condition of
purchasing any property, goods or services. You also understand that you may
opt out of receiving text messages from Volt Mobility at any time, either by reply “STOP” to an SMS or text message received by
Volt Mobility using the mobile device that is receiving the messages, or by
contacting OptOut@Volt Mobility.com. If
you do not choose to opt out, Volt Mobility may contact you as outlined in its
Referrals and Promotional Codes.
Volt Mobility may, in its sole discretion,
create referral and/or promotional codes (“Promo Codes”) that may be redeemed
for discounts on future Automobile UseServices and/or a Third Party Provider’s
services, or other features or benefits related to the Automobile UseServices
and/or a Third Party Provider’s services, subject to any additional terms that
Volt Mobility establishes. You agree that Promo Codes: (i) must be used for the
intended audience and purpose, and in a lawful manner; (ii) may not be
duplicated, sold or transferred in any manner, or made available to the general
public (whether posted to a public form or otherwise), unless expressly
permitted by Volt Mobility; (iii) may be disabled by Volt Mobility at any time for any
reason without liability to Volt Mobility; (iv) may only be used pursuant to the
specific terms that Volt Mobility establishes for such Promo Code; (v) are not
valid for cash; and (vi) may expire prior to your use. Volt Mobility reserves the
right to withhold or deduct credits or other features or benefits obtained
through the use of the referral system or Promo Codes by you or any other user
in the event that Volt Mobility determines or believes that the use of the referral
system or use or redemption of the Promo Code was in error, fraudulent,
illegal, or otherwise in violation of Volt Mobility’s Terms.
User Provided Content.
Volt Mobility may, in Volt Mobility’s sole
discretion, permit you from time to time to submit, upload, publish or
otherwise make available to Volt Mobility through the Automobile UseServices
textual, audio, and/or visual content and information, including commentary and
feedback related to the Automobile UseServices, initiation of support requests,
and submission of entries for competitions and promotions (“User Content”). Any
User Content provided by you remains your property. However, by providing User
Content to Volt Mobility, you grant Volt Mobility a worldwide, perpetual, irrevocable,
transferable, royalty-free license, with the right to sublicense, to use, copy,
modify, create derivative works of, distribute, publicly display, publicly
perform, and otherwise exploit in any manner such User Content in all formats
and distribution channels now known or hereafter devised (including in
connection with the Automobile UseServices and Volt Mobility’s business and on
third-party sites and services), without further notice to or consent from you,
and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you
either are the sole and exclusive owner of all User Content or you have all
rights, licenses, consents and releases necessary to grant Volt Mobility the
license to the User Content as set forth above; and (ii) neither the User
Content, nor your submission, uploading, publishing or otherwise making
available of such User Content, nor Volt Mobility’s use of the User Content as
permitted herein will infringe, misappropriate or violate a third party’s intellectual
property or proprietary rights, or rights of publicity or privacy, or result in
the violation of any applicable law or regulation.
You agree to not provide User Content that
is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or
otherwise offensive, as determined by Volt Mobility in its sole discretion, whether
or not such material may be protected by law. Volt Mobility may, but shall not be
obligated to, review, monitor, or remove User Content, at Volt Mobility’s sole
discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data
network access necessary to use the Automobile UseServices. Your mobile
network’s data and messaging rates and fees may apply if you access or use the Ride
Sharing Services from your device. You are responsible for acquiring and
updating compatible hardware or devices necessary to access and use the Ride
Sharing Services and Applications and any updates thereto. Volt Mobility does not
guarantee that the Automobile UseServices, or any portion thereof, will function
on any particular hardware or devices. In addition, the Automobile UseServices
may be subject to malfunctions and delays inherent in the use of the Internet
and electronic communications.
Section 5 Payment
You understand that the use of the Automobile
Use Services may result in charges to you for the services or goods you
receive (“Charges”). Volt Mobility will receive and/or enable your payment of the
applicable Charges for services or goods obtained through your use of the Automobile Use Services. Charges will be inclusive of applicable taxes where required
by law. Charges may include other applicable fees, tolls, and/or surcharges
including a booking fee, municipal tolls, airport surcharges or processing fees
for split payments.
All Charges and payments will be enabled
by Volt Mobility using the preferred payment method designated in your Account,
after which you will receive a receipt by email. If your primary Account
payment method is determined to be expired, invalid or otherwise not able to be
charged, you agree that Volt Mobility may use a secondary payment method in your
Account, if available. Charges paid by you are final and non-refundable, unless
otherwise determined by Volt Mobility.
As between you and Volt Mobility, Volt Mobility
reserves the right to establish, remove and/or revise Charges for any or all
services or goods obtained through the use of the Automobile UseServices at any
time in Volt Mobility’s sole discretion. Further, you acknowledge and agree that
Charges applicable in certain geographical areas may increase substantially
during times of high demand. Volt Mobility will use reasonable efforts to inform
you of Charges that may apply, provided that you will be responsible for
Charges incurred under your Account regardless of your awareness of such
Charges or the amounts thereof. Volt Mobility may from time to time provide certain
users with promotional offers and discounts that may result in different
amounts charged for the same or similar services or goods obtained through the
use of the Automobile UseServices, and you agree that such promotional offers
and discounts, unless also made available to you, shall have no bearing on your
use of the Automobile UseServices or the Charges applied to you. You may elect
to cancel your request for Automobile UseServices at any time prior to the
commencement of such Automobile UseServices, in which case you may be charged a
cancellation fee either from Volt Mobility or on a Third Party Provider’s behalf.
After you have received services or goods obtained through the Automobile UseService,
you will have the opportunity to rate your experience and leave additional
feedback. Volt Mobility may use the proceeds of any Charges for any purpose,
subject to any payment obligations it has agreed to with any Third Party
Providers or other third parties.
In certain cases, with respect to Third
Party Providers, Charges you incur will be owed directly to Third Party
Providers, and Volt Mobility will collect payment of those charges from you, on the
Third Party Provider’s behalf as their limited payment collection agent, and
payment of the Charges shall be considered the same as payment made directly by
you to the Third Party Provider. In such cases, you retain the right to request
lower Charges from a Third Party Provider for services or goods received by you
from such Third Party Provider at the time you receive such services or goods,
and Charges you incur will be owed to the Third Party Provider. Volt Mobility will
respond accordingly to any request from a Third Party Provider to modify the
Charges for a particular service or good. This payment structure is intended to
fully compensate a Third Party Provider, if applicable, for the services
obtained in connection with your use of the Services. In all other cases,
Charges you incur will be owed and paid directly to Volt Mobility or its
affiliates, where Volt Mobility is solely liable for any obligations to Third Party
Providers. In such cases, you retain the right to request lower Charges from
Volt Mobility for services or goods received by you from a Third Party Provider at
the time you receive such services or goods, and Volt Mobility will respond
accordingly to any request from you to modify the Charges for a particular
Repair, Cleaning or Lost and Found Fees.
You shall be responsible for the cost of
repair for damage to, or necessary cleaning of, vehicles and property resulting
from use of the Automobile UseServices under your Account in excess of normal
“wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the
event that a Repair or Cleaning request is verified by Volt Mobility in Volt Mobility’s
reasonable discretion, Volt Mobility reserves the right to facilitate payment for
the reasonable cost of such Repair or Cleaning using your payment method
designated in your Account. Such amounts, as well as those pertaining to lost
and found goods, will be transferred by Volt Mobility to a Third Party Provider, if
applicable, and are non-refundable.
Section 6 Disclaimers;
Limitation of Liability; Indemnity.
THE AUTOMOBILE USE SERVICES ARE PROVIDED “AS
IS” AND “AS AVAILABLE.” Volt Mobility DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES,
EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. IN ADDITION, Volt Mobility MAKES NO REPRESENTATION, WARRANTY, OR
GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR
AVAILABILITY OF THE AUTOMOBILE USE SERVICES OR ANY SERVICES OR GOODS REQUESTED
THROUGH THE USE OF THE SERVICES, OR THAT THE AUTOMOBILE USE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE. Volt Mobility DOES NOT GUARANTEE THE QUALITY,
SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE
ENTIRE RISK ARISING OUT OF YOUR USE OF THE AUTOMOBILE USE SERVICES, AND ANY
SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO
THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
Volt Mobility SHALL NOT BE LIABLE FOR
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE AUTOMOBILE USE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF Volt Mobility, EVEN IF Volt Mobility HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Volt Mobility SHALL NOT BE LIABLE FOR ANY
DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE
AUTOMOBILE USE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE AUTOMOBILE USE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF Volt Mobility HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Volt Mobility SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND Volt Mobility’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH
SOME REQUEST PRODUCTS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.
THE AUTOMOBILE USE SERVICES MAY BE USED BY
YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH
THIRD PARTY PROVIDERS, BUT YOU AGREE THAT Volt Mobility HAS NO RESPONSIBILITY OR
LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES
PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN
THE LIMITATIONS AND DISCLAIMER IN THIS
SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER
THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, VOLT MOBILITY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS
PROVISION SHALL HAVE NO EFFECT ON Volt Mobility’s CHOICE OF LAW PROVISION SET FORTH
You agree to indemnify and hold Volt Mobility
and its affiliates and their officers, directors, employees, sub-contractors, and agents
harmless from any and all claims, demands, losses, liabilities, and expenses
(including attorneys’ fees), arising out of or in connection with: (i) your use
of the Automobile UseServices or services obtained through your use of the AUTOMOBILE USE Services; (ii) your breach or violation of any of these Terms; (iii)
Volt Mobility’s use of your User Content; or (iv) your violation of the rights of
any third party, including Third Party Providers.
Section 7 Other Provisions.
Choice of Law.
These Terms are governed by and construed
in accordance with the laws of the State of Colorado, U.S.A., without giving
effect to any conflict of law principles, except as may be otherwise provided
in the Arbitration Agreement above or in supplemental terms applicable to your
region. However, the choice of law provision regarding the interpretation of
these Terms is not intended to create any other substantive right to
non-Coloradoans to assert claims under Colorado law whether that be by statute,
common law, or otherwise. These provisions are only intended to specify the use
of Colorado law to interpret these Terms and the forum for disputes asserting a
breach of these Terms, and these provisions shall not be interpreted as
generally extending Colorado law to you if you do not otherwise reside in
Claims of Copyright Infringement.
Claims of copyright infringement should be
sent to Volt Mobility’s designated agent. Please visit Volt Mobility’s web page at
www.Volt Mobility.com/about us for the designated address and additional information.
Volt Mobility may give notice by means of a
general notice on the Automobile UseServices, electronic mail to your email
address in your Account, telephone or text message to any phone number provided
in connection with your account, or by written communication sent by first
class mail or pre-paid post to any address connected with your Account. Such
notice shall be deemed to have been given upon the expiration of 48 hours after
mailing or posting (if sent by first class mail or pre-paid post) or 12 hours
after sending (if sent by email or telephone). You may give notice to Volt Mobility,
with such notice deemed given when received by Volt Mobility, at any time by first
class mail or pre-paid post to our registered agent for service of process, c/o
Volt Mobility Corp. The name and current contact information for the registered
agent is Alexander Garland 5826 Urban Street Arvada, Colorado 80004.
You may not assign these Automobile UseTerms
without Volt Mobility’s prior written approval. Volt Mobility may assign these AUTOMOBILE USE Terms without your consent to: (i) a subsidiary or affiliate; (ii) an
acquirer of Volt Mobility’s equity, business or assets; or (iii) a successor by
merger. Any purported assignment in violation of this section shall be void. No
joint venture, partnership, employment, or agency relationship exists between
you, Volt Mobility or any Third Party Provider as a result of this Agreement or use
of the Automobile UseServices. If any provision of these Automobile UseTerms is
held to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced to the fullest extent under the law. VOLT MOBILTY’S failure to enforce any right or provision in these Automobile UseTerms
shall not constitute a waiver of such right or provision unless acknowledged
and agreed to by Volt Mobility in writing. This provision shall not affect the
Severability and Survivability section of the Arbitration Agreement of these
e-Vehicle RoadSide Assistance
When a member or user of Volt Mobilty’s services you are provided micro mobility e-vehicle roadside assistance services. When due to inclement weather, inability to complete a Vehicle tour due to safety concerns or mechanical failure you as the user/ member can request roadside assistance that may take the form of at you or the company’s option: picking you and the vehicle up roadside by automobile and taking you to your destination, picking up faulty vehicle and providing a serviceable replacement vehicle. Members or users may incur charges for roadside assistance if outside of regular service area. Non-member users will always incur charges for roadside assistance even if the services are provided within primary or extended service areas. Roadside assistance is not available to member or non-member users outside of extended service area.
At Volt Mobility.Net (the “Company” or “We”), we respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit this website (our “Website”), or using our mobile application and our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information we collect:
- On this Website.
- Any Mobile Application owned or licensed by Volt Mobility.
- In email, text and other electronic messages between you and this Website or using mobile application.
- Through mobile and desktop applications you download from this Website or third party websites, which provide dedicated non-browser-based interaction between you and this Website.
- When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
It does not apply to information collected by:
- us offline or through any other means, including on any other website operated by the Company or any third party (including our affiliates and subsidiaries); or
- any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Children Under the Age of 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us via our contact us link.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information:
- by which you may be personally identified, such as name, postal address, email address, telephone number or ANY OTHER INFORMATION THE WEBSITE COLLECTS THAT IS DEFINED AS PERSONAL OR PERSONALLY IDENTIFIABLE INFORMATION UNDER AN APPLICABLE LAW (“Personal Information”);
- that is about you but individually does not identify you, and/or
- about your internet connection, the equipment you use to access our Website and usage details.
We collect this information:
- Directly from you when you provide it to us.
- Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies.
- From third parties, for example, our business partners.
Information You Provide to Us.
The information we collect on or through our Website may include:
- Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our Website.
- Records and copies of your correspondence (including email addresses), if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
- Your search queries on the Website.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages/you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies.
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
- Details of your visits to our Website, including traffic data, location data, and other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system and browser type.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Website according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
- Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
- Web Beacons. Pages of the Website may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect Personal Information automatically, but we may tie this information to Personal Information about you that we collect from other sources or you provide to us.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We Use Your Information
We use the information that we collect about you or that you provide to us, including any Personal Information:
- To present our Website and its contents to you.
- To provide you with information, products or services that you request from us.
- To provide you with information about our services
- To provide you with notices about your account/subscription, including expiration and renewal notices.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Website or any products or services we offer or provide though it.
- To allow you to participate in interactive features on our Website.
- In any other way we may describe when you provide the information.
- To fulfill any purpose for which you provide it.
- For any other purpose with your consent.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
- To our subsidiaries and affiliates.
- To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.
- To third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our Website, we will transmit the contents of that email and your email address to the recipients.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your Personal Information:
- To comply with any court order, law or legal process, including to respond to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:
- We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
Accessing and Correcting Your Information
You may send us an email via our contact link to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us via the Contact Us link.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
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