Welcome to Muving USA, Inc. (“Muving”, “we”, or “us”). These terms and conditions (“Terms and Conditions”) govern your access to and use of Muving’s website (“Website”) and mobile application (“Application”), and any information, text, graphics, photos, or other materials provided by us via the Website or the Application. By using the Website or Application, you agree that you have read, understand accept and agree to be bound by these Terms and Conditions and all other terms, policies, and guidelines incorporated in these Terms and Conditions by reference. Use of Muving’s electric scooters is governed by the Muving USA Scooter Rental Agreement and Waiver.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE OUR WEBSITE OR APPLICATION. THE USE OF OUR WEBSITE AND APPLICATION IS OFFERED TO YOU CONDITIONED ON YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
We reserve the right to change or modify any of the terms and conditions contained in these Terms and Conditions at any time, in our sole discretion, by posting changes on the Website. Your continued use of any part of the Service following the posting of such changes or modifications will constitute your acceptance of such changes or modifications. IT IS THEREFORE IMPORTANT THAT YOU REVIEW THESE TERMS AND CONDITIONS REGULARLY.
To register for a Muving account, you must complete the registration process on the Website (or such other URL that Muving may provide or that a Muving local operator partner may provide for the Service in your area) by providing us with your email address and your credit card information. You must also select a password. Thereafter, you must update your account information so that it remains current, complete, and accurate at all times. You acknowledge and agree that we may share your registration information with our affiliates in connection with our services. You understand that you are solely responsible for maintaining the confidentiality of your password and that you shall be solely and fully responsible for all activities that occur under your username and password. Muving recommends that you change your password every ninety (90) days. Muving shall not be responsible for any loss, claim, or other liability that may arise from the unauthorized use of any password. You agree to immediately notify us of any unauthorized use of your password or username or any other breach of security by emailing us at email@example.com If a password is lost or stolen, it is your responsibility to change the password, and immediately notify us, so that your account remains both secure and functional.
You may view your trip information on your user profile. Your trip information may include date, time, miles, minutes and distance traveled. Although we will strive to track and display information about you in your user profile accurately, we disclaim any liability for any errors or inaccuracies in any statistics displayed on your user profile or in the shared trips and statistics.
The Website may not be used by you in connection with any commercial purposes, except with the express written consent of Muving. You may link to the home page of our Website, but any unauthorized framing of or linking to our Website, or of any Muving Content (as defined below) therein, is prohibited.
You shall not, directly or indirectly, take, authorize, or encourage any third party to take any fraudulent action in the use of the Website or the Application, nor shall you engage in any activity that interferes with, disrupts, or interacts in an unauthorized manner with the Website or Application. Without limiting the generality of the foregoing, you may not attempt to override or circumvent any security components and usage rules of the Website. You are prohibited from engaging in any hacking, cracking, or other means of obtaining access to any other Member’s information or other data or communications not intended for you. We may terminate your account at any time for any reason, including without limitation, such fraudulent or unauthorized activity, in our sole discretion.
You further agree not to use the Website to:
- solicit or use passwords or personally identifying information for commercial or unlawful purposes from other Members;
- provide any telephone numbers, street addresses, last names, or email addresses other than your own;
Our Website contains our content (“Muving Content”), and may contain content of produced by third parties which is protected by copyright, trademark, patent, trade secret, and other laws. We own and retain all rights, title, and interest in Muving Content. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Muving Content appearing on or through our Website. Any use of Muving Content without our prior written permission, is strictly prohibited. Such unauthorized use may also violate applicable laws, including, without limitation, copyright, trademark, or other intellectual property laws.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND APPLICATION IS AT YOUR SOLE RISK. THE WEBSITE, AND APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MUVING AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, THE “MUVING PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO OUR WEBSITE AND APPLICATION, AND ANY THIRD-PARTY WEBSITES WITH WHICH THEY ARE LINKED. MUVING MAKES NO WARRANTY: (I) THAT THE WEBSITE OR APPLICATION OR THE FEATURES OFFERED ON THE WEBSITE OR APPLICATION WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES); (II) THAT THE RESULTS OBTAINED FROM YOUR USE OF THE WEBSITE OR APPLICATION WILL MEET ANY EXPECTED, IMPLIED, OR STATED SERVICE LEVEL OR AVAILABILITY; AND (III) THAT THE QUALITY OF THE CONTENT OR INFORMATION OBTAINED THROUGH THE WEBSITE OR APPLICATION WILL MEET YOUR EXPECTATIONS. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR ANY OTHER DATA.
IN NO EVENT WILL MUVING BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, LOST INCOME, REVENUE, OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF THESE TERMS AND CONDITIONS OR IN CONNECTION WITH YOUR THE USE OF THE WEBSITE, THE APPLICATION, OR ANY WEBSITE WITH WHICH THEY ARE LINKED, EVEN IF MUVING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MUVING’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MUVING FOR THE SERVICE IN THE TWELVE MONTHS PRIOR TO YOUR CLAIM. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN CERTAIN JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU; ALL OTHER PROVISIONS OF THESE TERMS AND CONDITIONS REMAIN IN FULL FORCE AND EFFECT.
You agree to indemnify, defend, and hold Muving, and its subsidiaries, affiliates, officers, employees, directors, agents, and contractors harmless from and against any and all claims, liabilities, penalties, settlements, judgments, and fees (including reasonable attorneys’ fees) arising from (a) any information that you or anyone using your account may submit or access in the course of using the Website or Application; (b) your breach of any representation or warranty in, or violation of, the terms of these Terms and Conditions or any agreement or other instrument with a third party applicable to you; and (c) any disputes between you and any other Member.
Termination of Account
We reserve the right in our sole discretion to restrict, suspend, or terminate your account, or your access to all or any part of the Website or the Application at any time, for any reason or no reason, with or without prior notice, and without liability. You may terminate your membership at any time by notifying us via email at firstname.lastname@example.org.
Please allow us sufficient time to process termination requests. You understand that termination of your account is your sole right and remedy with respect to any dispute with us regarding these Terms and Conditions. Following the cancellation or termination of your account by you or by us for any reason, we will have no further obligation to save your user profile, your communications, or any of your settings, or any other information you have associated with the Website or the Application. You acknowledge and agree that we have the right, but not the obligation, to delete any of the information associated with your account following termination.
Waiver and Severability
If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. Our acquiescence in the breach of a provision of these Terms and Conditions, or our failure to act upon such breach, does not waive our right to act with respect to subsequent or similar breaches. Likewise, our delay or failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
Choice of Law and Forum
These Terms and Conditions and the relationship between you and us shall be interpreted in accordance with the laws of the State of Georgia without regard to conflict of laws principles. Subject to the arbitration provisions below, you and we hereby agree to submit exclusively to the personal jurisdiction of the state and federal courts with jurisdiction over Atlanta, Georgia to the extent the dispute resolution provisions below do not apply.
Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and we agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act.
You or we may elect to have any controversy, allegation, or claim arising out of or relating to these Terms and Conditions or the Service, including but not limited to claims for indemnification, contribution, or cross-claims in a pending action involving one or more third parties (collectively, a “Dispute”) finally and exclusively resolved by binding arbitration before a sole arbitrator under the rules and regulations of JAMS. If an in-person arbitration hearing is required, then it will be conducted in Atlanta, Georgia; but if the applicable arbitration rules or laws require the arbitration to be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration, we shall have the right to elect to proceed to arbitration in such location. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. The parties will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require us to pay a greater portion or all of such fees and costs in order for this section to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
These Terms and Conditions constitute the entire agreement between you and us and governs your use of the Website and the Application, superseding any prior agreements between you and us with respect to the Website and the Application.
The terms and conditions contained in these Terms and Conditions that by their sense and context are intended to survive the performance hereof by the parties hereunder, including but not limited to the provisions relating to Indemnity, Disclaimer of Warranties, and Limitation of Liability, shall so survive the completion of the performance, cancellation, or termination of these Terms and Conditions.
Effective as of June 13, 2018