CLEVR Mobility Rental Agreement of Use

Table of Contents

  1. Acknowledgment of Rental Agreement Terms of Use; General Disclaimer
  2. Description of CLEVR Services and Products 
  3. User Eligibility, Responsibility, Registration and Rental of Equipment
  4. Prohibited Uses/Conduct/Tampering
  5. Class Action Waiver and Jury Trial Waiver
  6. Charges, Fees and Payment Procedures
  7. Refunds
  8. Assumption of Risk
  9. Indemnification and Limitation of Liability 
  10. Term 
  11. Termination
  12. Privacy Policy and Confidentiality 
  13. Communication Permissions – Telephonic, Text Message, and Email; Opt-Out 
  14. Dispute Resolution and Binding Arbitration
  15. Representations and Warranties
  16. Effective Date and Modification to Terms 
  17. Governing Law and Venue
  18. Registration of Data, Intellectual Property, User’s Materials, Participation in Promotions, Use of Site, Security and Password, Export Controls, International Use, Entire Agreement, Attorney’s Fees, Assignment Prohibition, Severability, Taxes, Image and Likeness, Force Majeure, and Data Breach Notification.
  19. Notice 
  20. Specific Location Terms
    1. Los Angeles
    2. Santa Monica
    3. Tampa
  21. Acceptance of Rental Agreement Terms of Use 

I. Acknowledgment and Acceptance of Rental Agreement Terms of Use; General Disclaimer

CLEVR Mobility, Inc. (referred to as “CLEVR” “us” or “we”) provides the CLEVRMobility.com site and app (together “site”), and  CLEVR Services and Products (as defined below) to users (referred to as “user” “users” “you” or “your”) subject to your compliance and agreement with all the terms, conditions, and notices contained or referenced herein (the “Rental Agreement Terms of Use”) as well as any other written agreement between us and the users.  In addition, when using particular services, users shall be subject to any posted guidelines or rules applicable to such services that may contain terms and conditions in addition to those in these Rental Agreement Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Rental Agreement Terms of Use.

General Disclaimer

BY COMPLETING THE REGISTRATION PROCESS, USING THE CLEVR SERVICES AND PRODUCTS, AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE RENTAL AGREEMENT TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE RENTAL AGREEMENT TERMS OF USE, PLEASE DISCONTINUE THE USE OF CLEVR SERVICES AND PRODUCTS AND/OR EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH ANY CLEVR SERVICES AND PRODUCTS OR SITE IS TO STOP USING THE CLEVR SERVICES AND PRODUCTS OR SITE. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE RENTAL AGREEMENT TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF ANY CLEVR SERVICES AND PRODUCTS OR SITE.

If you have any questions or concerns regarding the Rental Agreement Terms of Use, please contact CLEVR via email at info@clevrmobility.com.

As used in the Rental Agreement Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the CLEVR Services and Products and site.

II. Description of CLEVR Services and Products

We provide various services and products, including, but not limited to, CLEVR Intelligent Light Electric Vehicle Solutions, rental products for public use, LEV mobility platforms, and related services (“CLEVR Services and Products”). You are solely responsible for providing, at your own expense, all equipment necessary to use the CLEVR Services and Products, including a computer, mobile device, Internet access (including payment of service fees associated with such access), helmet and other safety equipment that may be required by applicable local, state, and federal laws regarding motorized and non-motorized vehicles. Such stipulated requirements include, but are not limited to, the Code of Federal Regulations Title 16, Chapter II, Subchapter C, Part 1512.

We reserve the sole right to either modify or discontinue the CLEVR Services and Products or site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on CLEVR Services and Products or site. Any new features that augment or enhance the then-current CLEVR Services and Products or the site shall also be subject to these Rental Agreement Terms of Use.

You understand and agree that temporary interruptions of the CLEVR Services and Products or site may occur as normal events. You further understand and agree that we may not have control over third party networks you may access in the course of the use of the CLEVR Services and Products or this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the CLEVR Services and Products available and this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

III. User Eligibility, Responsibility, Registration and Rental of CLEVR Services and Products

You are the sole user of the CLEVR Services and Products and site, and are responsible for compliance with these Rental Agreement Terms of Use.  If required by state or federal law, you certify that you are at least 18 years old and have a valid driver’s license.  During your Use of the CLEVR Services and Products, you agree to pay any fines, violations, fees, charges, penalties, impounding fees, court costs, traffic tickets, citations, parking violations or any other charges or fees related to your use of the CLEVR Services and Products (“Fees”). If CLEVR must pay for any of these Fees, you agree to pay CLEVR for such Fees plus any related administrative charges.  CLEVR may also bill your credit or debit card directly for such Fees. CLEVR may use any third parties or collection agency to collect the Fees.

IV. Prohibited Uses/Conduct/Tampering

Your use of CLEVR Services and Products is subject to all applicable laws and regulations, including local, state, and federal traffic, civil and criminal laws. You are solely responsible for your use of the CLEVR Services and Products.  CLEVR does not maintain the routes or ways on which you may ride the CLEVR Products and does not guarantee there they will be safe to ride upon.  Such routes may become unsafe due to weather or other natural hazards outside of CLEVR’s control.  Therefore, the rider is responsible to select the safest route while obeying all laws of the road. If CLEVR cannot locate one of its CLEVR Products after a reasonable amount of time since your use, CLEVR may file a police report and include your identification.  You may not tamper with any of the CLEVR Services and Products.

By posting information in or otherwise using any communications service such as the CLEVR App, or other interactive service that may be available to you on or through the site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

  1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  4. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  6. Impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Rental Agreement Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “User Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You understand that the CLEVR Services and Products and site are the exclusive property of CLEVR and may only be used by you after payment is made for such CLEVR Services and Products.  You may only use the CLEVR Services and Products and site as permitted by law, regulation, or ordinance.

You agree that we may at any time, and at our sole discretion, terminate your membership or access without prior notice to you for violating any of the above provisions or for any other reason. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

V. Class Action Waiver and Jury Trial Waiver

USE OF ANY CLEVR SERVICES AND PRODUCTS OR SITE IS SUBJECT TO BINDING ARBITRATION AND AWAIVER OF CLASS ACTION RIGHTS. BY AGREEING TO ARBITRATION, EACH PARTY IS HEREBY GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY.  BY AGREEING TO WAIVE CLASS ACTION RIGHTS, EACH USER AGREES THAT THE USER MAY BRING CLAIMS AGAINST CLEVR IN HIS OR HER INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION.

VI. Charges, Fees and Payment Procedures

CLEVR accepts credit or debit card payments that are processed through our payment portal.  We do not accept cash, checks or any other method of payment.  By agreeing to use the CLEVR Services and Products, you represent and warrant that you have the legal authorization to use such payment method when paying for the CLEVR Services and Products.  Please note that you are the only individual responsible for making payments to the credit or debit card company or third party, if applicable, for any and all charges and related fees.

If you subscribe to a CLEVR Service or Product, you may use it on a pay per ride basis or as otherwise indicated in accordance with the pricing described in the site or app instructions.  Such service requires payment of a fee, and you agree to pay all fees associated with such service. For all charges for CLEVR Services and Products, we will bill your credit card. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within 30 days of the change.

If, for any reason, your credit or debit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.

You agree that if any subscription to the service is on an auto-renewal term (which such term will be clearly defined), until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service.

In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

VII. Refunds

You may cancel your subscription or use of the CLEVR Services and Product at any time upon written notice to us.  There are no refunds or credits for partial use.  If there are any recurring charges, cancellation of any subscription will result in forfeiture of your payment.  We also do not take any responsibility to sell mispriced services or products.

VIII. Assumption of Risk

YOU UNDERSTANDS THAT THE SERVICES AND PRODUCTS CONTEMPLATED BY THIS RENTAL AGREEMENT MAY SUBJECT YOU TO COMPLEX RISKS THAT MAY ARISE WITHOUT WARNING AND MAY AT TIMES BE VOLATILE AND THAT LOSSES MAY OCCUR QUICKLY AND IN UNANTICIPATED MAGNITUDE AND BY ACCEPTING THE TERMS BELOW, YOU ARE WILLING AND ABLE TO ACCEPT SUCH RENTAL AGREEMENT TERMS AND CONDITIONS AND ASSUME (FINANCIALLY, PHYSICALLY AND OTHERWISE) SUCH RISKS.

IX. Indemnification and Limitation of Liability

Indemnification

You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the CLEVR Services and Products as well as site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Limitation of Liability

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Rental Agreement Terms of Use and your use of this site shall be limited to the amount you paid us for the services on the site during the 12-month period before the act giving rise to the liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE CLEVR SERVICES AND PRODUCTS OR THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE OR APPLICATION, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Waiver of California Civil Code Section 1542

You acknowledge that you have been advised of and fully understand California Civil Code Section 1542 which states the following:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Having been so advised, you still elect to and therefore assume all risks for claims unknown and known, unsuspected and suspected, arising going forward from the use of CLEVR Services and Products or site and any exchange with CLEVR Services and Products or site, and waive any rights you may have under Section 1542 or any other statute or common-law principle in any other jurisdiction with a similar law.

CLEVR’s total liability for any and all claims, including those based on contract, tort, or any related grievances is limited to the lower of the amount the user paid for the CLEVR Services or Products or $25.

X. Term

The term of these Rental Agreement Terms of Use commences upon your agreement to comply with the CLEVR Services and Products or site, and terminates six years after your last use of the CLEVR Services and Products or site.  However, your responsibility for complying with the payment terms of these Rental Agreement Terms of Use extend until all payments have been made.

XI. Termination

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Rental Agreement Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1, 3, 5–11, 14, and 18–20 of these Rental Agreement Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.

XII. Privacy Policy and Confidentiality

To use CLEVR Services and Products or the site, you must create a user account.  To do so, you must provide accurate and truthful information as well as update such information should it change during the term of your use of the CLEVR Services and Products or site. CLEVR may suspend or cancel your subscription or use of the CLEVR Services and Products or site at any time.  We will maintain industry standard privacy and security of the data submitted by users.  You will notify us of any unauthorized use of your account or breach of the privacy or security your data upon gaining knowledge of such incident or breach.

XIII. Communication Permissions – Telephonic, Text, and Email; Opt-Out

CLEVR may contact you via phone, text messages or emails related to your use of the CLEVR Services and Products and site, and you agree to be contacted by such means.  Such calls may be recorded.  You also agree to be contacted via telephone or text message unless and until you notify us in writing otherwise.  You agree to indemnify, defend and hold CLEVR harmless from and against all claims, losses, liability, costs and expenses (including reasonable attorney’s fees) related to any violation of federal, state, or local law, regulation or ordinance, including but not limited to the Telephone Consumer Protection Act (“TCPA”) or the CAN-SPAM Act.   By voluntarily providing CLEVR your phone number, you expressly agree to receive prerecorded voice calls or text messages via auto-dialed calls or messages related to special offers, your account, or any related transactions with CLEVR.  You agree to receive information or marketing phone calls or messages even though your phone number is registered with the state or federal Do Not Call List.  CLEVR is not responsible for any charges you incur related to these calls or messages. Unless you opt-out, you may continue to receive such calls, text messages and emails after the termination of your use of the CLEVR Services and Products or site.

XIV. Dispute Resolution and Binding Arbitration

Any dispute arising under this Rental Agreement Terms of Use shall be resolved through mediation – arbitration approach. The parties agree to select a mutually agreeable, neutral third party to help them mediate any dispute that arises under the terms of this Rental Agreement. Costs and fees associated with the mediation shall be shared equally by the parties. If the mediation is unsuccessful, the parties agree that the dispute shall be decided by a single arbitrator by binding arbitration under the rules of the American Arbitration Association in Los Angeles, California. The decision of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either party. The prevailing party in the arbitration proceedings shall be awarded reasonable attorney fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the arbitrator shall for good cause determine otherwise.

XV. Representations and Warranties

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE CLEVR SERVICES AND PRODUCTS OR SITE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE CLEVR SERVICES AND PRODUCTS OR SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. YOU SHALL RELEASE US FROM ANY CLAIMS RESULTING FROM YOUR USE OF THE CLEVR SERVICES AND PRODUCTS OR SITE. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY CLEVR SERVICES AND PRODUCTS OR SITE, RELATED SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

By purchasing CLEVR Services and Products or products and services on or through the site, you agree that you are over the age of 18, have the right and authority to enter into this Agreement and to agree to the Rental Agreement Terms of Use, will comply with all applicable laws, you have read and understood and agree to comply with the Rental Agreement Terms of Use, and will continue to comply these Rental Agreement Terms of Use.

Content available through this site may represent the opinions and judgments of an information provider, site user, or other person or entity not connected with CLEVR. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized CLEVR spokesperson speaking in his/her official capacity.

Under no circumstances will CLEVR or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through the use of the CLEVR Services and Products or site, including your use of any information. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, or other content available on or through this site. In particular, you are urged to consult an appropriate professional licensed in your jurisdiction before relying on any legal, accounting, or other professional advice or information obtained on or through this site.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

XVI. Effective Date and Modification to Rental Agreement Terms of Use

These Rental Agreement Terms of Use are effective as of the date designated as “Last Revised” above. We reserve the right to change these Rental Agreement Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Rental Agreement Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgement of the modified Rental Agreement Terms of Use and agreement to abide and be bound by the modified Rental Agreement Terms of Use.

XVII. Governing Law and Venue

The CLEVR Services and Products as well as the site (excluding any linked sites) are controlled by us from our offices within the State of California, United States of America. They can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles County and the United States District Court for the Central District of California with respect to such matters.

XVIII. Registration of Data, Intellectual Property, User’s Materials, Participation in Promotions, Use of Site, Security and Password, Export Controls, International Use, Entire Agreement, Attorney’s Fees, Assignment Prohibition, Severability, Taxes, Image and Likeness, Force Majeure, and Data Breach Notification.

Registration of Data

In order to access the CLEVR Services and Products or this site, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you in compliance with federal and state laws and regulations. The information we obtain through your use of CLEVR Services and Products or this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Rental Agreement Terms of Use.

Intellectual Property

Copyright © 2018 CLEVR. All Rights Reserved.

For purposes of these Rental Agreement Terms of Use, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes, but is in no way limited to, message boards, chat, and other original content.

By accepting these Rental Agreement Terms of Use, you acknowledge and agree that all content presented to you on the site and the technology within the CLEVR Services and Products are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of CLEVR and/or its Affiliates. You are only permitted to use the content and CLEVR Services and Products as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

The following are registered trademarks, trademarks or service marks of CLEVR or its Affiliates: All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of CLEVR or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Rental Agreement Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of CLEVR or its Affiliates without consent of a CLEVR authorized representative. Certain of the ideas, software and processes incorporated into the CLEVR Service and the site are protected by patent applications in the United States. Our intellectual property rights are protected by California Civil Code Section 3426.3, California Penal Code Section 499(c), and the Defend Trade Secret Act.

User’s Materials

Subject to our Privacy Policy, which is hereby incorporated by this reference, any communication or material that you transmit to this site or to us, whether by electronic mail or other means, for any reason, may be treated as nonconfidential and nonproprietary unless otherwise required by law. While you retain all rights in such communications or material, you grant us and our designated licensees a nonexclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.  Please note that we maintain the privacy and security of data and information system as required by law.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on the site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

  1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:

Citron & Deutsch
10866 Wilshire Blvd., Suite 970
Los Angeles, CA 90024
(310)475-0321

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Participation in Promotions

From time to time, the CLEVR site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

Use of CLEVR Services and Products or Site

You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

Export Controls

Software available on or through this site is subject to United States Export Controls. No software from this site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

Third Party Software or Service

If during the use of the CLEVR Services and Products, you use any third-party software or service such as Google Maps API, you agree to be bound by such third-party terms and conditions.

Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Rental Agreement Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Rental Agreement Terms of Use, these Rental Agreement Terms of Use shall take precedence.

Attorney’s Fees

In any action to enforce these Rental Agreement Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

Assignment Prohibition

You may not assign your rights and obligations under these Rental Agreement Terms of Use to any other party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Rental Agreement Terms of Use.  You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.

Severability

If any part of these Rental Agreement Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.  Any failure by us to enforce or exercise any provision of these Rental Agreement Terms of Use or related rights shall not constitute a waiver of that right or provision.

Taxes

Fees for the use of CLEVR Services and Products may be subject to applicable taxes and other local and/or state charges.  Such fees may be collected by CLEVR from your credit or debit card, or other agreed upon payment method.

Image and Likeness

By agreeing to these terms, you knowingly, voluntarily and irrevocably, give your consent to CLEVR and its affiliates, successors and assigns, to use your appearance and/or voice in photographs, videos, and other recording related to your use of the CLEVR Services and Products and site, including any rights, copyright, title, and interests, for any commercial purpose in perpetuity and waive, release and discharge CLEVR and its affiliates from any and all claims related to defamation, privacy, security, right of publicity, infringement of intellectual property or violation of any right granted by you under these Terms and Conditions.

Force Majeure

In no event shall CLEVR be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that CLEVR shall use reasonable efforts which are consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances.

Data Breach Notification

If there is a data breach in the security of CLEVR’s customer data, CLEVR will follow the breach notification requirements as required by law.

XIX. Notice

All notices to us shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at info@CLEVRMobility.com, if by e-mail, or at CLEVR, 525 S. Hewitt Street, Los Angeles, CA 90013, if by conventional mail. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site or your email to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Rental Agreement Terms of Use will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed e-mail.

Except as explicitly noted on this site, the Services available through this site are offered by CLEVR. You may have this same information e-mailed to you by sending a letter to the address above with your e-mail address and a request for this information. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing. If you notice that any user is violating these Rental Agreement Terms of Use, please contact us at info@CLEVRMobility.com.

Independent Contractor Relationship

The relationship of between you and CLEVR established by this Agreement is that of independent contractors. Nothing in this Agreement shall be construed to create any agency or employment relationship between CLEVR or any of its employees and you or any of your employees.

XX. Specific Location Terms

Los Angeles

Per the City of Los Angeles requirements, you agree to comply with the following:

  • Helmets shall be worn when operating an electric scooter;
  • You may not ride the scooter faster than 15 mph;
  • Riders shall yield to pedestrians;
  • When riding on-street, follow the rules of the road, following all motor-vehicle laws and ordinances in the City of Los Angeles;
  • You must be a minimum of 18 years old with Driver’s License to operate scooter;
  • You may not ride on the sidewalk, and you are hereby placed on notice of this requirement via the following which must be presented in 48-point font on the platform of every scooter:

“No Riding On Sidewalks”.

California Residents are entitled to have the following specific consumer rights information, and may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs (http://www.dca.ca.gov) by mail at:  400 R St., Suite 1080, Sacramento, California, 95814, or by phone at (916) 445-1254. 

Santa Monica

The City of Santa Monica requires you to agree to a User Release.  Therefore, by your acceptance of these Rental Agreement Terms of Use, you agree to the following:

For and in consideration of rental and use of the Scooter, rider, for himself or herself and on behalf of rider’s heirs, executors, administrators and assigns, forever releases and relinquishes and discharges the City of Santa Monica and its elected and appointed officials, officers, employees, agents, contractors, and volunteers (Collectively, the “City”) 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 rider 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, placement, use and/or operation of the Operator’s equipment, including the e-bikes, scooter, or the CLEVRs website, including any and all claims related to the sole or partial negligence of the City or any other party. Rider herby expressly waives any claims against the City which rider does not know or suspect to exist in his or her favor at the time of renting an e-bike or scooter, and expressly waivers rider’s rights under any statues that purport to preserve rider’s unknown claims.

California Residents are entitled to have the following specific consumer rights information, and may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs (http://www.dca.ca.gov) by mail at:  400 R St., Suite 1080, Sacramento, California, 95814, or by phone at (916) 445-1254. 

Tampa

The City of Tampa requires you to agree to the following before using the CLEVR Services and Products and/or products.  By your acceptance of the Rental Agreement Terms of Use, you agree to the following:

  • You will receive informational pop-ups when you use the CLEVR app to take a ride for the first time. The pop-ups will require you as the new user to affirmatively dismiss the pop-ups in order to proceed. The informational pop-ups will include: a) reminders about applicable laws; and b) instructions on how to park responsibly. You agree to affirmatively dismiss the pop-ups only after you have read and understood the pop-ups.
  • You must be at least sixteen (16) years of age.
  • You may not obstruct pedestrian paths when parking the scooters.
  • You must park scooters upright.
  • You may not ride the scooters on the sidewalk on 7thAvenue.

You may not ride the scooters on the sidewalk on Bayshore Boulevard.

  • You may not ride the scooters on Tampa Riverwalk
  • You must dismount when riding the scooters through crowded sidewalks filled with pedestrians.
  • You may not ride the scooters on private property.
  • You must obey all traffic laws when riding in traffic, and obey all other official City-posted signs within the City.
  • You may not ride the scooter faster than 15 mph.

XXI. Acceptance of Rental Agreement Terms of Use

By signing or initialing below, you agree to comply with the Rental Agreement Terms of Use, that you are at least 18 years old, and that you have read and expressly agree to the Rental Agreement Terms of Use including the arbitration and waiver of class action provisions.