RENTAL AGREEMENT

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE RENTING OR USING AN ELECTRIC MOPED (“MOPED”) FROM MUVING USA, INC. OR ITS AFFILIATES (COLLECTIVELY REFERRED TO HEREIN AS “MUVING”).

BY RENTING OR USING A MOPED, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING, BUT NOT LIMITED TO, THE WAIVERS, RELEASES, AND LIMITATIONS OF LIABILITY AND INDEMNITIES SET FORTH HEREIN.  IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF USE, YOU MAY NOT RENT OR USE A MUVING MOPED.

 

1 AGREEMENT

 

This Agreement is between You (referred to in this Agreement as “You” or “Rider”) and Muving.

 

1.1 ACCEPTANCE REQUIRED

 

You acknowledge and agree that Your acceptance of the terms and conditions contained in this Agreement is a condition precedent to Your renting and using a Moped.

 

1.2 EQUIPMENT

 

All Mopeds are equipped with locator devices. The MUVING USA app will direct You to a Moped left by a previous rider that is parked in a publicly-accessible area.  The Moped, any part thereof, and any associated equipment, shall be referred to collectively in these terms and conditions as the “Muving Equipment.”

 

1.3 RENTAL PROCESS

 

(I) REGISTER.  You can either download and install MUVING USA app on Your smartphone and register using the app, or You can register online first at www.muvingusa.com, and then download and install the MUVING USA app on Your smartphone.  As part of the registration process, You will be asked to provide a photograph of Your driver’s license, which may be obtained using Your smartphone camera.

 

(II) Once You register and obtain a Muving account, You can rent a Moped, in the following way: sign into Your Muving account at MUVING USA app and reserve a Moped, use the MUVING USA app. You will only have 15 minutes from the time You reserve the Moped to the time You unlock the Moped; if You do not unlock the Moped within this time, Your reservation will be cancelled and You will have to re-reserve the Moped.

 

(III)  AREA OF SERVICE.  You can operate the Moped wherever You want considering the charge of Your Moped, but You may only park the Moped within Your local Area of Service, which is shown on the MUVING USA app or at www.muvingusa.com.

 

1.4 RENTAL PERIOD.  Rider’s period of Moped rental (“Rental Period”) begins at the time the Rider reserves a Moped with the MUVING USA app.

The Rental Period ends when the Scooter is returned to Muving by leaving the vehicle in a Designated Return Area (as defined in Section 1.5 below), and completing the “Finalize” process using the MUVING USA app.  Rider must wait for verification, on the Moped screen and on the MUVING USA app, indicating the Rental Period has ended, prior to leaving the Moped in the Designated Return Area.  If You don’t return the Moped to the Designated Return Area, Muving may charge You an additional fee to recover and move the Moped to the Designated Return Area.  Fractions of a minute during Rental Periods will be rounded up to the next highest minute, as the case may be.

 

1.5 RETURN OF MOPED/DESIGNATED RETURN AREA

 

At the end of the Rental Period, Rider must leave the rented Moped in a “Designated Return Area”:  a publicly-accessible area within the Area of Service where other mopeds and bicycles may be parked.  You can located a Designated Return Area by looking for a metal anchor or rack that would permit a bicycle or moped to be secured with a bike chain or lock.  Leave the Moped as close to the anchor or rack as possible, but be careful not to interfere with other bicycles or mopeds.  Also, You should not secure the Moped with a lock of any type.  Simply leave it as close to the rack as possible, and end Your reservation.

 

It is Your responsibility to use common sense to ensure that the Moped is not left in a location where it poses a safety hazard to others, or to traffic flow (either pedestrian, automotive, or bicycle).

 

You may not leave a Moped in any of the following areas:

– Any specifically-designated no-parking area; for example, if there are No Parking signs posted in the area

Any public or private automobile or motorcycle parking spots, for example, inside a parking garage.  Do not park in any area which requires payment to park, e.g. in front of a parking meter.

– Any other area prohibited by municipal code, campus regulations, etc.

-Any public right-of-way.

 

If You do not return the Scooter to a Designated Return Area, Muving may charge You the costs of any penalties or fees caused for the infraction (ticket parking, towed, impounded, boot, etc.).

 

2 MOPED RENTAL PLANS AND FEES

 

2.1 RENTAL PRICE AND PLANS

 

You will be charged per minute of use at the rate of 35 ¢ minute and Stand by option at the rate of 15 ¢ minute.  As a courtesy, Muving will not charge You the first minute of use to give You time to prepare Your ride (put the helmet on, get into the Moped, etc.). Reservation time will not be charged. A $40 penalty will be charged if You cancel the reservation 3 consecutive times without an actual rental.

You may purchase from MUVING USA app or www.muvingusa.com a Plan:

  • The Plan may be used either in one trip or in multiple trips
  • Excess minutes of the Plan will be billed at $0.35/minutes rate rounded to the next highest minute
  • The Plan is purchased in advance and the balance of available time is reduced when used
  • Unused minutes do not expire

 

*Plans are available in the MUVING USA app or www.muvingusa.com.

 

Muving will charge your account immediately (1) upon completion of your rental, or (2) upon purchasing a plan.

 

2.3 MAXIMUM RENTAL TIME

 

You must return the Moped with a minimum battery charge of 10%.

 

2.4 IMPROPERLY PARKED COSTS

 

Muving will charge You for any penalties or fees caused due to You leaving a Moped outside a Designated Return Area (e.g. parking ticket, towing, impounding, or boot fees etc.).

 

2.5 PENALTY FOR ABANDONING THE MOPED OUT OF SERVICE AREA

 

MUVING may charge You a $30 out of service area recovery fee each time You park a Moped outside of the defined Service Area.

 

2.6 REPAIR FEE

If You damage the Moped, beyond regular wear and tear, as a result of negligent or intentional conduct on Your part, Muving may charge You according to the following fees:

 

DescriptionCharge ($)
Broken or missing helmet$100.00
Broken or missing trunk$300.00
Broken trunk button$50.00
Broken or missing kickstand$300.00
Throttle grip (each)$200.00
Broken or missing mirrors (each)$120.00
Broken start button$100.00
Broken brake levers$100.00
Broken footrest$50.00
Broken mudguards (each)$80.00
Broken headlight$200.00
Rear light and indicators (each)$50.00
Broken light switch$50.00
Damaged brake discs (each)$100.00
Broken or missing number plate$250.00
Damaged and/or broken display$200.00
Damaged front chassis$300.00
Damaged undercarriage$300.00
Damaged seat chassis$300.00
Damaged rim$300.00
Damaged suspension$600.00
Damaged or missing wheel$250.00
Damaged seat$300.00
Damaged batteries (each)$300.00

 

 

2.7 STOLEN MOPED FEE

 

If You leave a Moped unlocked or unattended and it is stolen, Muving may charge You a replacement cost equal to $4,000.00.

 

2.8 VIOLATIONS

 

You are responsible for any traffic citations You receive during Your Rental Period, or if Muving receives a ticket due to You improperly parking a Moped outside of a Designated Return Area.  You shall indemnify Muving for the cost of any tickets or fees assessed against the Moped or Muving, during Your Rental Period or as a result of the location where Rider parks the Moped.  If Muving has to defend itself against a ticket that is Your responsibility, You agree to reimburse Muving for any costs, expenses, and/or attorney’s fees for processing, pursuing and/or defending any such claims.

 

2.9 CREDIT CARD OR DEBIT CARD

 

You must provide Muving a valid credit or debit card number and expiration date before being registered to use a Moped.  By doing so, You are representing and warranting to Muving that You are authorized to use the credit or debit card information provided.  You hereby authorize Muving to charge the credit or debit card for which information is provided for all fees incurred by You under this Agreement, and all fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by MUVING.  In the event Your payment method on file with Muving is declined for any reason, Muving may suspend Your rental plan and ability to use any Mopeds until all of Your prior charges are paid in full.  In such case, Muving will not charge You a reinstatement fee.

 

2.10 PAYMENT

 

We will automatically charge Your credit card account for the fees and charges You incur.  You are responsible for the timely payment of all fees and for providing us with a valid credit card account for payment of all fees at all times.  Payments made are refundable in our sole discretion.

We use a third-party payment processor (the “Payment Processor”) to process charges to Your credit card. The processing of payments or credits, as applicable, in connection with Your use of rental services will be subject to the terms, conditions, and privacy policies of the Payment Processor and Your credit card issuer, in addition to these Terms and Conditions.  If You notice any errors in Your bill, please notify us as soon as possible.  We are not responsible for any errors made by the Payment Processor.

 

3 RESTRICTIONS AND OTHER TERMS AND CONDITIONS OF MOPED USE

 

3.1. REPRESENTATIONS AND WARRANTIES.

 

As a condition precedent to Muving’s agreement to allow Rider to participate in the Program and to rent a Scooter, Rider represents and warrants to MUVING (i.e. promises) that:

 

  • You meet the minimum age requirements: You must be 18 years of age or older to check out a Moped with a credit card; and to ride a Moped.
  • You are experienced and familiar with the safe and competent operation of the Moped, and that You are physically and mentally fit to ride the Moped.
  • You are familiar with all applicable local, state, and county rules, regulations, codes and laws that relate to the safe and legal operation of a Moped.

 

3.2. ACKNOWLEDGEMENTS AND AGREEMENTS.

 

In order to rent a Moped, You must read and acknowledge the following:

 

  • You are fully aware that riding a Moped on streets poses a risk of accident due to motorists, pedestrians, and road conditions, and You must keep a proper lookout to avoid such accidents.
  • You are fully trained and capable of operating and riding a Moped, and You are not relying on Muving to learn how to operate or ride a Moped.
  • Failure to use a helmet and protective gear or to use the Moped in a careful and reasonably competent manner may result in bodily injury or death.
  • You are solely responsible for obtaining and using a helmet and protective gear.
  • You are solely responsible for operating and riding a Moped in a careful and reasonably competent manner.
  • A helmet and protective gear, even when used, does not eliminate the risk of bodily injury in the event of an accident.
  • All Mopeds are and shall remain the exclusive property of Muving at all times.
  • You are solely responsible for any moving violations and/or fines You incur while using the Moped, including any fees for parking the Moped in prohibited locations.
  • Muving is not obligated to provide You insurance of any kind related You or Your use of the Moped, and in the event that Muving, at its option, carries insurance, You shall remain liable for any liability, property damage, personal injury, injury to others, damages, penalties, fines, losses, and/or expenses of any kind whatsoever.
  • If You cause injury to another person or damage to another’s property while operating or in possession of the Moped, You are solely liable for such damage or injury. You should therefore ensure that Your personal insurance policies will cover Your rental and use of the Moped.
  • You must return the Moped to Muving in the same condition as when received.
  • You are liable for any and all damages resulting from improper use or abuse of the Moped and the cost of such damages.
  • Muving provides Mopeds as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Moped on their own and who have agreed to all terms and conditions of this Agreement.

 

3.3. REQUIREMENTS

 

Before You rent and use a Moped, You must do the following (“Use Requirements”):

  • Carefully inspect the Moped that You wishes to rent prior to use to ensure the Scooter is good operating condition.
  • Test the Moped’s operating components before proceeding with the intended use, including, but not limited to the brakes, tires, gears, throttle, lights, frame and saddle.
  • Immediately notify Muving customer service of any defect, malfunction or needed repair to a Moped.
  • Adjust saddle to proper height prior to operating the Moped.
  • Evaluate the weather conditions, and adjust Your riding behavior to ensure safe operation.
  • Adjust Moped driving behavior so that it is that of a reasonably experienced and prudent Moped rider.
  • Contact Muving and local law enforcement immediately in the event of theft of the Moped or an accident that occurred during Rider’s use of the Moped resulting in bodily injury.

 

3.4. RESTRICTED USES. You must not do any of the following (“Restricted Uses”):

 

  • Use any Moped if You are Younger than 18 years of age.
  • Use any Moped if You have any existing physical or mental condition that would prevent or prohibit You from safely operating the Moped.
  • Operate a Moped while carrying any item that impedes Your ability to safely operate the Moped.
  • Operate a Moped while under the influence of alcohol, drugs, or any other substance that impairs Your ability to safely operate the Moped.
  • Use any cell phone or mobile electronic device, including, but not limited to, for the purposes of phone calls, text messages, music or any other use that distracts You from the safe operation of the Moped.
  • Allow any other person to use the Moped or allow more than one person to be carried on the Moped.
  • Overfill the Moped storage container or place objects weighing in total more 20 pounds in the Moped storage container.
  • Violate any applicable federal, state, or local law.
  • Operate or use a Moped in any manner during adverse weather conditions, including but not limited to: hail, dust storms, fog, heavy rains, or lightning storms.
  • Ride or operate a Moped that has any defect, fails to operate as a properly functioning bicycle or that is in need of repair.
  • Continue using the Moped if it, or any component of it, should become defective or malfunction.
  • Use the Moped for racing, jumping, stunt riding and/or, off-road riding.
  • Use the Moped for any commercial purposes.
  • Tow, pull, carry or push any person or object with a Moped.
  • Remove or modify any accessories, parts, or components of any Moped.
  • Ride the Moped without paying applicable user fees at the time they become due.

 

4 SERVICE LIMITATIONS

 

You acknowledge and agree that from and after the date that Muving makes Mopeds available to the public for rental, Muving may suspend all or part of its Moped rental program at any time, may relocate its Area of Service, reduce the number of Mopeds available for rent and otherwise operate its Moped rental program in its sole discretion. Rider further acknowledges that Muving may suspend the availability of Moped during adverse weather conditions, or may be required to suspend the rental of Moped by the city in which the Mopeds are located.  You shall not be entitled to a refund of any fees for unused rental periods.   Muving may require the return of its Mopeds at any time.

 

5 RELEASE AND LIMITATION OF LIABILITY; REPRESENTATIONS AND WARRANTIES

 

5.1      FOR AND IN CONSIDERATION OF RENTAL AND USE OF THE MOPED, YOU, AND YOUR HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, FOREVER RELEASE, RELINQUISH, AND DISCHARGE (i) MUVING AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, AGENTS, AND REPRESENTATIVES, (ii) ANY MUNICIPALITY WITH WHICH MUVING HAS CONTRACTED WITH TO PROVIDE A MOPED SHARING PROGRAM, AND (iii) ANY OWNER OF PROPERTY WITH WHICH CITY OR MUVING HAS CONTRACTED WITH TO PROVIDE REAL PROPERTY ON WHICH A MOPED SHARE FACILITY, INCLUDING, WITHOUT LIMITATION, STATIONS, HUBS, RACKS, INTENDED FOR MOPED SHARE USE (ALL, COLLECTIVELY, THE “MUVING PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, DISPUTES, LOSSES, LIABILITIES, DEBTS, LIENS, CHARGES, PENALTIES, PROCEEDINGS, CAUSES OF ACTION AND DAMAGES INCLUDING FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, AND INJURY TO YOU OR TO THIRD PARTIES (COLLECTIVELY, “CLAIMS”), INCLUDING UNKNOWN OR UNANTICIPATED CLAIMS, WHICH ARISE FROM OR ARE RELATED DIRECTLY OR INDIRECTLY TO THIS AGREEMENT OR THE RENTAL, MAINTENANCE, DESIGN, USE AND/OR OPERATION OF MUVING EQUIPMENT, INCLUDING THE MOPEDS, OR MUVING’S WEBSITE, INCLUDING ANY AND ALL CLAIMS RELATED TO THE SOLE OR PARTIAL NEGLIGENCE OF MUVING, MUVING PARTIES OR ANY OTHER PARTY.  YOU HEREBY EXPRESSLY WAIVE ANY CLAIMS AGAINST MUVING PARTIES WHICH YOU DO NOT KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF RENTING A MOPED, AND EXPRESSLY WAIVE YOUR RIGHTS UNDER ANY STATUTES THAT PURPORT TO PRESERVE YOUR UNKNOWN CLAIMS.

 

5.2      IN NO EVENT WILL MUVING OR THE MUVING PARTIES BE LIABLE FOR EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT OR THE RENTAL, MAINTENANCE, DESIGN, USE, AND/OR OPERATION OF MUVING EQUIPMENT, INCLUDING THE MOPEDS, OR MUVING’S WEBSITE, INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, LOSS OF USE, LOSS OF SAVINGS, OR LOSS OF REVENUE, WHETHER OR NOT MUVING OR MUVING PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY.  IF MUVING OR MUVING PARTIES ARE DEEMED TO HAVE ANY LIABILITY UNDER THIS AGREEMENT OR ARISING OUT OF RIDER’S USE OF MUVING EQUIPMENT, INCLUDING THE MOPEDS, OR MUVING’S WEBSITE, SUCH LIABILITY SHALL NOT EXCEED THE AMOUNT OF THE MEMBERSHIP OR RENTAL FEE PAID BY RIDER TO MUVING.

 

5.3      BY RENTING A MOPED, YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU HAVE THE EXPERIENCE AND TRAINING NECESSARY TO OPERATE A MOPED IN A SAFE MANNER, WITH RESPECT TO BOTH YOURSELF AND THE PUBLIC AT LARGE.  IN NO EVENT SHALL YOU CLAIM THAT MUVING DID NOT ADEQUATELY TRAIN YOU, OR PROVIDE YOU WITH ADEQUATE INSTRUCTIONS NECESSARY, TO RIDE THE MOPED IN THE SAME MANNER AS A PERSON WHO HAS BEEN TRAINED TO RIDE A SCOOTER/MOPED IN A SAFE AND CAREFUL MANNER.

 

6 ASSUMPTION OF RISKS; DISCLAIMER.

 

YOU EXPRESSLY ACKNOWLEDGES AND ACCEPTS THAT YOUR RENTAL AND USE OF THE MOPED IS AT YOUR OWN RISK.   YOU ACCEPT THE MOPED FOR USE AFTER EXERCISING YOUR OWN FREE CHOICE TO PARTICIPATE VOLUNTARILY IN THIS ACTIVITY, AND AFTER HAVING HAD THE OPPORTUNITY TO INSPECT THE MOPED AND CERTIFY THAT IS IN GOOD OPERATING CONDITION.  YOU UNDERSTAND THAT RIDING A MOPED MAY BE A HAZARDOUS ACTIVITY.  YOU ACKNOWLEDGE, UNDERSTAND, AND ASSUME ALL RISK RELATING TO THE RENTAL, MAINTENANCE, DESIGN, USE AND/OR OPERATION OF MUVING EQUIPMENT, INCLUDING THE MOPED, AND MUVING’S WEBSITE AND UNDERSTANDS THAT RIDING INVOLVES RISK TO THE BOTH YOU AND OTHERS INCLUDING DAMAGES, BODILY INJURY, PARTIAL OR TOTAL DISABILITY, PARALYSIS AND DEATH TO YOU OR OTHERS, AND THAT YOU HAVE FULL KNOWLEDGE OF SAID RISKS AND DANGERS, INCLUDING SUCH RISKS, DAMAGES AND INJURIES THAT MAY ARISE FROM THE NEGLIGENCE OF OTHERS, OR AS A RESULT OF ROADWAY CONDITIONS.  ALL MOPEDS AND OTHER MUVING EQUIPMENT ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. MUVING AND MUVING PARTIES HEREBY DISCLAIM ANY CLAIM IN TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY).

 

7 DISPUTE RESOLUTION.

 

You agree that Muving, at its sole discretion, may submit any disputes whatsoever arising out of, resulting from, and/or relating to this Agreement, Your use of Muving’s Equipment, including, without limitation, Mopeds, and/or Muving’s website, to final and binding arbitration by a nationally-recognized commercial arbitration association, by one or more arbitrators appointed in accordance with the rules of the association.  In the event that Muving submits such dispute to arbitration, then such arbitration shall be mandatory and binding on the parties.  Such proceeding shall be held in Fulton County, Georgia.  All arbitration proceedings will be conducted in the English language.  SHOULD MUVING ELECT TO SUBMIT ANY DISPUTE OR CLAIM TO ARBITRATION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, MUVING AND YOU BOTH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LITIGATION OR TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE ARISING OUT OF OR WITH RESPECT TO THIS AGREEMENT OR YOUR USE OF MUVING’S EQUIPMENT, INCLUDING, WITHOUT LIMITATION, MOPEDS, AND/OR MUVING’S WEBSITE.

 

8 INDEMNIFICATION.

 

You shall indemnify, defend and hold harmless Muving and the Muving Parties for, from and against any and all Claims related to or arising out of this Agreement, including, but not limited to Your breach of any representations, warranties or covenants set forth in this Agreement, and the rental, maintenance, design, use or operation of the Moped, the MUVING app, or Muving’s website, even where caused in whole or in part by Muving’s negligence, and/or the negligence of others, whether presently known or unknown.  At Muving’s option, You will assume control of the defense and settlement of any Claim subject to indemnification by You (provided that, in such event, Muving may at any time elect to take over control of the defense and settlement of any such Claim).  In no event may You settle any Claim without Muving’s prior written consent.

 

9 ASSIGNMENT.

 

Muving may assign its rights and duties under this Agreement to any party at any time without notice to You.

 

10 NO WAIVER.

 

Muving’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any part of this Agreement.  No waiver by MUVING shall be construed as a waiver of any proceeding or succeeding breach of any provision in this Agreement.

 

11 TERMINATION OF AGREEMENT.

 

Muving may terminate this Agreement at any time, without cause, legal process, or notice to the You, and Your use of Muving Equipment is “at the will” of Muving.  You waive all claims, causes of actions, expenses, and/or damages connected, and/or related to any such termination.  You shall not be entitled to a refund of any amount paid for unused rental periods if this Agreement is terminated for cause.  You may terminate Your rental plan at any time; provided, however, that no refund will be provided by Muving for time You have already used.

 

12 SEVERABILITY.

 

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of the Agreement shall remain in full force and effect.

 

13 SURVIVAL.

 

All provisions of this Agreement relating to limitation and exclusion of liability, waivers, assumption of risk, warranties and indemnification obligations shall survive the termination of this Agreement, and all amounts unpaid at the time of termination or expiration of this Agreement shall remain due and payable.

 

14 PRIVACY POLICY.

 

You may access Muving’s privacy policy applicable to this Agreement at: www.muvingusa.com.

 

15 ENTIRE AGREEMENT.

 

This Agreement constitutes the final and entire Agreement between You and Muving, and it prevails over any prior or contemporaneous, conflicting or additional, communications.  Muving shall have the right to revise, change and modify the terms and conditions contained in this Agreement at any time without prior written notification by posting the revised Agreement on www.muvingusa.com, and such changes shall apply to all future use of Mopeds after the date of such changes.  You shall be solely responsible for reviewing and becoming familiar with any modification to this Agreement.  Use and/or operation of the Moped by You following any modifications to this Agreement constitutes Your acceptance of the terms and conditions as modified.