Last updated January 11, 2023
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5. USER GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENSE
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If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website:www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Maricopa County, Arizona. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) 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.
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
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Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Intended Use Your scooter is a recreational scooter and is to be used for improving mobility in your daily activities such as walking. It is not a medical scooter or medical and does not and is not intended to provide medical benefits, medical assistance, medical therapy, or treat or alleviate any medical condition or disability. Quick-Start Warnings The below warnings and instructions caution against some activities. Reviewing this list is not a substitute for reading the entire Manual. Use common sense when operating your scooter. • Do not disassemble your scooter on your own. • Avoid touching hot parts of your scooter during or after operation. • Avoid touching hot parts of your scooter that may have become hot from exposure to sunlight. • Do not touch any chemicals in the scooter. • Keep your hands and other body parts away from moving parts of the scooter. • Do not operate the scooter with any loose clothing or dangling which wires which could become trapped in the wheels or other moving components of the scooter. • Do not use any battery which is not approved by eWheels for use with your scooter. • Do not allow children to play on the scooter or use it without supervision. • Single-person scooters should only be used by one person at a time. • Do not operate the scooter while under the influence of alcohol, drugs, or other medications which may impair your ability to operate a vehicle. • Do not operate the scooter while using a mobile phone or other mobile device. • Do not operate your scooter if it is not functioning properly. • Never try to operate your scooter beyond the its limitations as described in the manual. Size and Weight Limits Your scooter was designed to accommodate users up to a specified size and weight. As each scooter is designed and rated differently, ensure you check your particular scooter model’s limits. Periodically check your weight against your scooter’s limits, as your weight may fluctuate over time. Ensure other users of your scooter are within the weight limits. Operation of the scooter by a user over the weight limit can damage the scooter and can cause hazardous situations, including increased braking distances and times, decreased steering responsiveness, tip-overs, and other dangers which may cause injury. Further, modifications which increase the riding height of the scooter, which raise the user’s riding height on the scooter, or which otherwise change the center of gravity of the scooter can damage the scooter and cause the hazardous situations identified above. eWheels is not responsible for damage to the scooter or personal injury caused by exceeding weight limitations or modifying the center of gravity of your scooter. Do not adjust your seat while the scooter is in motion or operating. General Operation – Safety Belt If your scooter is equipped with a safety belt, use it all times when seated in the scooter. Do not operate your scooter without wearing the safety belt. Have the belt replaced by an authorized repair technician if the safety belt becomes frayed, cut, or shows other signs of wear or damage. General Operation – Mirrors If your scooter is equipped with mirrors, orient them so that you can see behind you. Orient the mirrors while sitting on the scooter but while the scooter is not moving and is not in operation. Never attempt to adjust the mirrors while operating the scooter. Proper orientation of the mirrors should allow you to see behind you and should minimize blind spots. General Operation – Lights and Signals If your scooter is equipped with headlights and turn signals, use them. Using headlights at night, and even at day, increases your visibility to other vehicles. Using turn signals provides warning to vehicle and pedestrian traffic near you. General Operation – Driving Outdoors Your scooter is designed to be driven on clean, even, dry surfaces. eWheels does not recommend you store your scooter outdoors. Your scooter is susceptible to damage to electronic, mechanical, or other components if exposed to water. If you are caught outside during inclement weather, seek shelter or ask someone for assistance. Always ensure that the power is switched off when getting on or off the scooter. Never attempt to mount or dismount the scooter if it is operational or moving. Do not switch the power off when the scooter is still moving forward or in reverse. Always check that the variable speed switch is set to the desired speed setting. Always check that the desired direction of forward or reverse travel is selected when ready to drive. General Operation – Public Roads Unless specifically permitted or authorized by the state, do not drive your scooter on public roads. If you need to drive along a public road, use the sidewalk adjoining the road. Always use care when driving near to or around public roads, as you may be less visible to motor vehicles when riding the scooter because of your smaller relative size and slower relative speed. Always be aware of state and local rules of traffic, and take those rules into account when operating your scooter; it is your responsibility to know those rules, obey them, and understand how other traffic will operate in accordance with such rules. eWheels recommends that you gain your first experiences with your scooter well away from public roads, so that you can learn and understand how the scooter operates and handles in a comfortable and quiet environment. General Operation – Alternate Surfaces Do not drive your scooter onto stairs or escalators; serious injury will result. Do not attempt to drive your scooter onto stairs or escalators. Most elevators are safe for use with the scooter. When confronted with stairs or escalators, navigate to the closest elevator instead. Conduct a visual inspection and assess the quality and condition of the elevator before using it. Use care; some elevators have awkward entrance angles that can make ingress and egress difficult. General Operation – Curbs Curbs generally are formed in two manners: abrupt, vertical curbs and gradual, smooth curbs. Your scooter cannot drive over or off of an abrupt, vertical curb. Do not attempt to do so, as this will cause serious damage to your scooter and likely injury to yourself. Do not drive over a curb or object exceeding 4 inches in height. Your scooter can drive over most gradual, smooth curbs. Approach such curbs head-on, so that the scooter is oriented perpendicular to the curb. Consistently apply speed over the curb until the rear wheels of the scooter have moved just past the curb. Do not approach the curb at an oblique angle; doing so can increase the risk that your scooter tips over. Likewise, when moving down a curb, approach the curb perpendicular to it and not at an oblique angle. Avoid stopping completely when going over small objects, curbs, or other obstacles and obstructions. General Operation – Incline Control Your scooter can handle a wide range of inclines and declines. The scooter is safe for operation on most handicap-accessible ramps. However, do not use the scooter on inclines of a degree which makes operation of the scooter difficult; if the scooter does not readily climb the incline, move off of the incline and/or ask for assistance. Likewise, do not use the scooter on declines of a degree which makes operation of the scooter difficult; if the scooter moves too quickly on an incline, fully apply the brakes, move off of the decline, and/or ask for assistance. eWheels recommends that you only use ramps which have a roughened surface to prevent slipping. Never drive in a transverse direction across an incline or turn sharply on an incline. Never drive in a reverse direction down an incline. Because the capability of your scooter to climb an incline or descend a decline depends on a number of factors, such as the scooter’s specifications, your size and weight, the quality of the surface, and your personal setup of the scooter, eWheels does not guarantee the scooter’s safety on a specific angle of incline or decline. However, eWheels does not recommend you use your scooter on inclines or declines greater than 10 degrees, while making no guarantees of performance and safety on angles less than 10 degrees. General Operation – Cornering Always reduce your speed when making sharp turns. Always control your speed when cornering. As with any vehicle, maneuvering a corner at a high speed increases the risk of tipping the scooter. You should maneuver at a speed which is reasonable for the scooter, its specifications and conditions, your size and weight, your angle of approach, the type of turn, and the surface conditions. General Operation – Influences Do not operate the scooter while under the influence of alcohol, drugs, or other medications which may impair your ability to operate a vehicle. The scooter is heavy and can reach significant speeds, but even at low speeds it is dangerous to operate under the influence of alcohol, drugs, or other medications which may alter or impair your coordination, reaction time, reflexes, and other capabilities. General Operation – Ingress and Egress Exercise care when moving onto your scooter. Ensure the scooter is braked on level ground and the switch is in the off position. Brace yourself against a sturdy piece of furniture, or use a cane or other walking assistive equipment. Use your upper body to assist your legs in lowering you onto the scooter seat. Move downwardly slowly. Apply and buckle the safety belt. Sit for a few minutes before operating the scooter. Also exercise care when moving off of your scooter. Ensure the scooter is braked on level ground and the switch is in the off position. Unbuckle the safety belt. Getting up quickly or the wrong way could lead to injury. Look around for a sturdy piece of furniture, or use a cane or other walking assistive equipment. Use your upper body to assist your legs in lifting you. Lift slowly and pause for a few moments if you feel unsteady. Stand for a few minutes before moving further. Regular Maintenance Always check your scooter for normal operation, loose parts, and defects before operating. If you find a problem, have it repaired before operating. Keep your scooter clean and dry. Do not use a high-pressure water sprayer to clean the scooter. If you wash your scooter, use a damp sponge or cloth, and dry the scooter thoroughly before operating. Do not immerse any components in water. Always check your scooter for wear or damage to the tires before operating. Keep tires inflated to their recommended tire pressure at all times. Regularly check tires for wear, cracks, nails, or other damage. Keep tires clean and replace them when damaged. Failure to maintain the tires at the recommended tire pressure will cause premature wear, and failure to maintain the tires could lead to damage or personal injury. Use Within a Motor Vehicle Do not sit in or operate your scooter in a motor vehicle such as a train, bus, or large van. Stow or rack your scooter according to the motor vehicle’s guidelines before entering or when entering the motor vehicle. Never sit in your scooter while it is on or in a motor vehicle which is operating or in motion. Batteries Do not use automotive batteries with your scooter. Always charge your scooter’s batteries in a well- ventilated area. The Scooter Outlet recommends that you periodically charge your batteries, such as once a month, when your scooter is not in regular use. Ensure the switch is in the off position when the batteries are charged. Ensure that the power plug is inserted and plugged firmly into the battery during charging. Do not use an extension cord while charging the batteries. Do not use a battery which is cracked, leaking, or otherwise damaged. Do not use your scooter if the battery is cracked, leaking, or otherwise damaged. Keep tools and other metal elements away from the contact terminals of the batteries. Remove the batteries when transporting your scooter. Modifications to the Scooter Do not disassemble or modify your scooter on your own. Do not remove or disable any element or feature of your scooter. Do not modify the programmable controller governing the scooter’s electric, electronic, and electro-mechanical operations. While there are a wide range of after-market products available to modify and alter scooters, some may make your scooter more dangerous to operate or may impair your ability to operate the scooter safely. The Scooter Outlet makes no claim or warranty as to the safety, effectiveness, and operability of any aftermarket product added to your scooter, or as to any modification you make or have made to your scooter, which are not performed by The Scooter Outlet or The Scooter Outlet approved vendors. The Scooter Outlet is not responsible for damage to the scooter or personal injury caused by disassembly, modification, or other alteration of your scooter.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
JHR Electric Transports LLC DBA EWheels
1000 W. Vista Bonita Drive
Phoenix, AZ 85027