OWNER: Brooklyness Inc., also Beyond, also The Company
368 Broadway Ave New York, NY 10013
CUSTOMER: You, the customer; anyone who rents or buys our product
PRODUCT/EQUIPMENT/VEHICLE: Premium Electric Scooter
RENTAL/SUBSCRIPTION Rate: The Premium Electric Scooter subscription is a monthly rate as published on www.ridebeyond.com. In the first month, You are responsible for a signup fee as posted on the website in addition to the monthly rate and any applicable taxes.
VEHICLE RETAIL PRICE: $1,299 plus any applicable taxes. OWNER and CUSTOMER are the only parties to this Agreement.
IMPORTANT NOTE: PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
PROVISIONS ON INDEMNITY AND ASSUMPTION OF RISK, ALL OF WHICH MAY
LIMIT YOUR LEGAL RIGHTS AND REMEDIES. PLEASE REVIEW THEM CAREFULLY.
The Beyond“Services” are comprised of several elements, including: (1) Beyond scooters and bicycles (collectively “Vehicle(s)”), (2) Beyond’s mobile application (“App”) and the Beyond website www.ridebeyond.com (“Website”) (the Mobile Application and the Website are collectively referred to as the “Platform”), (3) Beyond’s Classon helmet and other Beyond products and (4) all related information, personnel, and equipment. For purposes of this Agreement and only when capitalized, the term “Use” means “riding, operating, activating, parking or any other action in connection with or on a Vehicle.”
SECTION 1 – ELIGIBILITY
To be eligible for initial and continued Subscription, the CUSTOMER (herein also referred to as “you”) must: (a) Obtain at their own expense all necessary services needed to use the Vehicle and the Beyond App (including a mobile device and wireless service). Charges from a CUSTOMER’s wireless carrier or communication service are not OWNER’s responsibility. OWNER makes no guarantees that the App can be accessed by all wireless devices or service plans or that it will be available in all locations; (b) Agree to allow OWNER to track CUSTOMER’s location and movements whenever the vehicle is in use or stationary;(c) Provide a valid government issued photo ID; and (d) Provide a credit card which expiration date is not within the next 6 months.
CUSTOMER is at least 18 Years Old. CUSTOMER represents and certifies that CUSTOMER is at least 18 years old. OPERATION OR USE OF
THE SERVICES OR ANY VEHICLE BY A MINOR IS EXPRESSLY PROHIBITED. If You allow a minor to use the Services or Use a Vehicle You have activated, You shall be responsible for any and all misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown. The Services are for individuals ages 18 and older only. As such, You may be required to upload a photograph of Your valid driver’s license or government-issued identification, the collection and use of which is governed by our Privacy Notice, in order for us to verify Your age before You can Use the Vehicles (defined hereafter)
The CUSTOMER is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. CUSTOMER understands that the vehicle must be used only by the CUSTOMER. This agreement is not transferable or assignable. This agreement applies to the CUSTOMER only.
CUSTOMER represents and certifies that he/she is familiar with the operation of the vehicle, is competent and physically fit to ride the vehicle, and has reviewed the safety materials provided on the OWNER’s website. CUSTOMER assumes all responsibilities and risks for any injuries or medical conditions and is responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate the vehicle. CUSTOMER is advised to adjust his/her riding behavior and braking distance to suit local weather, visibility, surrounding environments, people and traffic conditions.
Requirements Before the CUSTOMER uses the vehicle.
Before each use of the vehicle, the CUSTOMER shall conduct a basic safety inspection, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) good condition of the frame; and (iv) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. The CUSTOMER agrees not to ride the vehicle if there are any noticeable issues. If any issue is detected the CUSTOMER should inform the Company immediately and schedule the vehicle for maintenance.
Requirements While Using the vehicle.
If at any time, whether prior to, during, or after riding the vehicle, the CUSTOMER discovers any defect or any other potentially unsafe condition, no matter how slight, the CUSTOMER must not use, or must immediately cease use of, the vehicleThe CUSTOMER shall inform OWNER of such defect within 3 days of discovering or notice such a defect or else waives any right associated with such defect.
SECTION 2 – VEHICLE CONDITION
The OWNER shall provide the CUSTOMER a vehicle in good running condition. On occasions, the vehicle will be brand new but the expectation is that the vehicle has been previously used by other CUSTOMERS.
At the beginning of the RENTAL/SUBSCRIPTION the OWNER will assign the CUSTOMER a vehicle and that vehicle will be for the exclusive use of the CUSTOMER for the duration of the RENTAL/SUBSCRIPTION term. On occasions and solely at the OWNER’s discretion, a different vehicle may be reassigned to the CUSTOMER .
The OWNER makes no warranty of any kind regarding the rented vehicle or its fitness for a particular purpose OWNER shall fix or replace the vehicle with an identical or similar vehicle if the vehicle fails to operate in accordance with the manufacturer’s specifications due to a manufacturing defect. Such replacement shall be made as soon as practicable after CUSTOMER returns the non-conforming vehicle.
SECTION 3 – SAFETY
As may or may not be required by law, but by the OWNER’s advice the CUSTOMER shall wear a helmet at all times while riding the vehicle. OWNER recommends that the CUSTOMER wear a CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions. If wearing a helmet is required by the laws, rules, regulations and/or ordinances applicable to the area in which the vehicle is operated, CUSTOMER agrees to comply with such laws and regulations at all times. You agree that neither OWNER nor its affiliates, agents, directors, employees, suppliers or licensors will be liable for any injury or death suffered by the CUSTOMER while operating the vehicle, whether or not the CUSTOMER is wearing a helmet at the time of injury.
The CUSTOMER expressly acknowledges and agrees that the CUSTOMER may need to take additional safety measures or precautions not specifically addressed in these Terms, and the CUSTOMER expressly acknowledges and agrees that determining whether the CUSTOMER must do so is the CUSTOMER’s sole responsibility .
The CUSTOMER agrees that OWNER does not provide or maintain places to ride the vehicle, and that OWNER does not guarantee that there will always be a safe place to ride any particular vehicle.
Roads, bicycle lanes, and routes may become dangerous due to weather, traffic, and/or other hazards outside of OWNER’s control. OWNER shall not be liable for any of the foregoing, without limitation. You are solely responsible for choosing a responsible and safe route.
Only Use Vehicles Where Allowed. You expressly agree that You will only Use the Services and Vehicles in areas where the Vehicles are legally permitted, and You are solely responsible for determining whether an area permits the Use of the Vehicles. You agree that You will not Use Vehicles in any restricted areas (such as cities that prohibit Vehicles in certain places or throughout) (each a “Restricted Area”), and You assume all responsibility and liability for any Use of any Vehicle in any Restricted Area, including all fines or fees as a result of Your Use of any of the Vehicles in any Restricted Areas. If You use the Services or Use the Vehicles in any Restricted Areas, Beyond reserves the right to charge You , including for actual fees incurred by such Use and to immediately terminate Your access to the Services in its sole and absolute discretion.
Compliance with Laws.
You agree to follow, and are solely responsible for determining, all laws, rules, regulations, and/or ordinances pertaining to the Use, riding, parking, and/or operation of the Vehicles, including those pertaining to the Vehicles in the area where You are Using the Vehicles, including, without limitation, any and all applicable helmet laws. You also agree to act with courtesy and respect towards others while using the Services or Using the Vehicles.
Prohibited Acts. YOU EXPRESSLY CERTIFY AND AGREE THAT YOU WILL NOT
- Allow a minor to use the Services;
- Ride a Vehicle while carrying any briefcase, backpack, bag or other item if it
impedes Your ability to safely Use the Vehicle;
- Use or wear any cellular phone, tablet, laptop, text messaging device, portable
music player, or any other device that may distract You from safely Using the Vehicle;
- Operate or Use a Vehicle under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to safely operate the Vehicle;
- Carry, tow, or otherwise transport a second person (including a child or pet) while Using a Vehicle;
- Dock or lock any Vehicle other than by using the locking mechanisms provided by Beyond;
- Violate any applicable federal, state, or local law, or any command or instruction from law enforcement personnel, including those for bicycle or scooter riders;
- Attach anything to a Vehicle, including, but not limited to, baskets, cup holders,
electric drives, child seats, trailers, or tandem bicycles;
- Exceed the maximum weight limit for a Vehicle or otherwise use any included
basket improperly with regard to type of contents or any visual obstruction or riding impediment;
- Allow others to Use a Vehicle You have activated;
- Park or place any Vehicle in an unlawful manner
SECTION 4 – MAINTENANCE
For the duration of the Agreement, OWNER shall perform all covered service and maintenance to the Vehicle at no cost to the CUSTOMER. This includes normal wear and tear as expected from the Vehicle’s use under normal circumstances. Broken or missing plastics, deep scratches, structural damage, etc are not covered and the CUSTOMER is responsible to cover the cost of repairing or replacing them.
The CUSTOMER shall keep the vehicle in a good state of repair, except for normal wear and tear as expected from use under normal circumstances. Damages that are minor in nature, small paint scratches, dead lights, etc. are considered “normal wear and tear.” Broken or missing plastics, deep scratches, structural damage, etc are not covered and the CUSTOMER is responsible for all costs of repairing and replacing them.
The CUSTOMER agrees to bring the vehicle to the OWNER’s location for service and maintenance when required. The CUSTOMER understands and agrees that the vehicle is only to be serviced and maintained by the OWNER and shall not (1) attempt to disassemble or access its electronic components at any time or (2) take the Vehicle to any other maintenance or repair shop unless expressly authorized to do so by Owner. If CUSTOMER tampers with or disassembles the vehicle in any way, CUSTOMER will be responsible for the full cost of repair up to the VEHICLE RETAIL PRICE.
The OWNER’s invoice for replacement or repair is conclusive as to the amount CUSTOMER shall pay under this paragraph for repair or replacement. The CUSTOMER authorizes the OWNER to charge his/her credit or debit card for the full amount of fees due to the OWNER.
A CUSTOMER who is a Beyond Premiere member may request that the vehicle be serviced at his/her location. The OWNER or its representative will arrange on-site maintenance. The appointment scheduling of such on-site maintenance will be on a first come first serve basis for CUSTOMER and can be booked through our app. For maintenance, repairs or replacement work to a vehicle that was purchased and for CUSTOMERs who are not actively Beyond Premiere members, CUSTOMER is responsible for transporting the vehicle to OWNER’s maintenance location, either in person or by carrier. This paragraph is not a guarantee that the Owner will provide such service and it is at the Owner’s sole discretion to provide this premium service.
SECTION 5 – ROADSIDE EMERGENCIES
The OWNER shall assist the CUSTOMER in the event of a roadside mechanical emergency. The CUSTOMER shall contact the OWNER via the App or via email at firstname.lastname@example.org The OWNER will provide remote support, or if necessary, travel to the incident location to assist the CUSTOMER or pick up the vehicle at no cost to the CUSTOMER.
The OWNER may, from time to time, request that CUSTOMER bring the vehicle to a designated location for maintenance purposes. CUSTOMER is obliged to comply with such request within a reasonable period of time. Failure to comply will subject the CUSTOMER to be solely and fully liable for any/all damages, regardless of type, to the vehicle, to the CUSTOMER, to a third party and/or to a third party’s property caused in connection with the vehicle.
The CUSTOMER agrees not tamper with, attempt to gain unauthorized access to, or otherwise use any part of the vehicle. The CUSTOMER agrees to not remove any stickers, labels or marking from the vehicle.
SECTION 6 – EXCLUSIVE USE
The vehicle assigned to the CUSTOMER should only be used by the CUSTOMER. The CUSTOMER agrees to not let anyone else use the vehicle and holds the OWNER harmless of any claims that may occur as a consequence of someone else other than the CUSTOMER riding the vehicle.
SECTION 7 – LIMITED USE
The vehicle is intended for only limited types of use. CUSTOMER agrees that he/she will not use the vehicle for racing, mountain riding, or stunt or trick riding. CUSTOMER agrees that he/she will not operate and/or use the vehicle on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others. Furthermore, the CUSTOMER agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any law, ordinance or regulation.
In the event CUSTOMER desires to use the vehicle for delivery or commercial use, such use must be communicated to OWNER in writing prior to such use. Such use must be agreed to by OWNER in writing and additional fees may apply to the CUSTOMER.
SECTION 8 – SECURITY
The CUSTOMER agrees to always lock the vehicle when not in use.
The CUSTOMER shall pay the OWNER the full amount for replacement and/or repair of any vehicle which is not returned within 30 days, or because of a loss or theft, or any vehicle which is damaged and in need of repair to be returned in the same condition it was in at the time of RENTAL.
The CUSTOMER shall not remove the vehicle from the New York City area without the prior written consent of the OWNER.
The CUSTOMER shall inform the OWNER upon demand of the exact location of the vehicle while it is in the CUSTOMER’S possession. Upon request by the OWNER, the vehicle shall be returned to OWNER at the CUSTOMER’s risk, cost, and expense.
SECTION 9 – THEFT
If, while in CUSTOMER’s possession, the vehicle is lost, stolen, or damaged in any way, CUSTOMER agrees to:
- Report the loss, theft, or damage to OWNER within one (1) hour of the accident or incident by contacting OWNER’s customer service team through the website, app or via email to email@example.com.
- fully cooperate with the OWNER’s instructions following the incident.
- Immediately call the police and report the theft.
- File a police report and furnish OWNER with a copy of the report
A vehicle may be deemed lost or stolen by the OWNER if (a) the vehicle is not returned within twenty-four (24) consecutive hours of termination by either party, (b) the vehicle’s GPS unit is disabled, (c) other facts and circumstances that suggest to OWNER in its reasonable, good faith determination that a vehicle has been lost or stolen. If OWNER deems a vehicle lost or stolen and the loss or theft was not reported by CUSTOMER to OWNER pursuant to the reporting requirements set forth below in this Agreement, OWNER shall have the authority to take any and all actions it deems appropriate, including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. CUSTOMER agrees the data generated by OWNER’s vehicle (including but not limited to that generated from it’s GPS Lock), computers and/or any other relevant source of information related to the subscription is conclusive evidence of use of a vehicle by the CUSTOMER.
The OWNER will provide the Police with GPS data to track the vehicle location. If the vehicle is not recovered within 30 Days, the CUSTOMER is solely responsible for the full cost of any loss, accident or incident and any damage arising from such loss, accident or incident. OWNER may, at its discretion, charge the CUSTOMER’s credit card on file for this cost prior to the expiration of 30 days in order to ensure it is made whole. This includes but is not limited to replacement costs for the lost or stolen vehicle, and all damage that occurs to the vehicle while in the CUSTOMER’s possession or control. Such damages include, without limitation, the repair costs (estimated or actual) for the vehicle and third-party property, injuries to third parties, costs associated with the recovery or transportation of the vehicle, and the loss of use of the vehicle or third-party property. CUSTOMER will be responsible for all damage and costs incurred as a result of the unauthorized use of a vehicle by any other person with or without his authorization.
The CUSTOMER is required to set the tracking device and lock the vehicle when it is unattended and/or in public places. In the event of theft of the vehicle, the account of the CUSTOMER must be in good standing at the moment of the incident in order to be eligible for a temporary replacement. The provision of a temporary replacement unit may vary according to inventory availability. If the vehicle is recovered by the OWNER rather than returned by the CUSTOMER, the CUSTOMER must pay a $199 recovery fee. Recovery fee will be assessed regardless if CUSTOMER continues rental or returns If the vehicle was locked securely at the time it was stolen, is not recovered, and the CUSTOMER has met all of the above requirements regarding reporting the vehicle stolen, CUSTOMER may pay a $199 deductible and receive a replacement scooter. If the stolen or misplaced vehicle was left unlocked, CUSTOMER is responsible for the Retail Price of the vehicle.
The amount to be paid by CUSTOMER is the Retail Price of the vehicle minus the applicable portion of CUSTOMER’s SUBSCRIPTION paid to date.
SECTION 10 – THE CUSTOMER EXPRESSLY AGREES NOT TO:
- Operate any Product in violation of any laws, rules, regulations, and/or ordinances, including any and all rules pertaining to riding any vehicles on sidewalks.
- Operate the vehicle while carrying any briefcase, backpack, bag, or other item if it impedes the CUSTOMER’s ability to safely operate the Product.
- Use any cellular telephone, text messaging Device, portable music player, and/or any other Device that may distract You from safely operating the vehicle
- Operate the vehicle while under the influence of any alcohol, drugs, medication, and/or any other substance that may impair the CUSTOMER’s ability to safely operate the vehicle.
- Carry any other person on the vehicle.
- Use any locking mechanisms other than those provided by the OWNER.
SECTION 11 – LIMITED LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OWNER, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL OWNER BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
YOUR PERSONAL INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF A SCOOTER. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT PRIOR TO USING THE SCOOTER.
CUSTOMER indemnifies and holds OWNER harmless for all injuries or damages of any kind for repossession and for all consequential and special damages for any claimed breach of warranty.
SECTION 12 – LIMITATION ON PROMOTIONS
The CUSTOMER may only take advantage of one special pricing promotion during any consecutive twelve (12)-month period. Eligibility for promotional offers may be contingent upon payment of all outstanding charges.
SECTION 13 – BILLING
RENTAL/SUBSCRIPTION rate is charged by OWNER, RENTAL/SUBSCRIPTION charges are billed to the CUSTOMER for each period or portions of the period from the time the CUSTOMER takes possession of the vehicle until it is returned.
RENTAL/SUBSCRIPTION charges are billed for a full period even if the vehicle is returned before the end of the billing term. If the vehicle is not returned during or at the end of the term, then the RENTAL/SUBSCRIPTION charges shall continue on a full term basis for an additional term until the vehicle is returned.
The CUSTOMER must provide the OWNER with a valid Credit Card number and expiration date of no less than 6 months from the date CUSTOMER will be registered to use the RENTAL/SUBSCRIPTION Services. The CUSTOMER represents and warrants to the OWNER that he/she is authorized to use any Credit Cards the CUSTOMER furnishes to the OWNER. The CUSTOMER authorizes the OWNER to charge the Credit Card for all fees incurred. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by the OWNER.
The CUSTOMER can purchase the vehicle from the OWNER at any time by paying the Retail Price of of the vehicle minus the applicable portion of monthly RENTAL/SUBSCRIPTION payments the CUSTOMER has made on the vehicle at the time of exercising his purchase option. Fees may apply to continue to receive the unlimited maintenance and GPS tracking features.
The OWNER reserves the right to change the RENTAL/SUBSCRIPTION rate and shall let the CUSTOMER know within 30 days of such change.
Pick up/delivery fee: If the CUSTOMER is unable to return the vehicle to the OWNER’s location or desires to have the vehicle delivered, the CUSTOMER may request that the vehicle be picked up or delivered. Based on availability, the OWNER or its representative may arrange the delivery/pick up for a fee which the OWNER will disclose prior to finalizing any transaction.
SECTION 14 – DEPOSIT
The OWNER may require that the CUSTOMER provide a refundable deposit, which will be specified at the time of the CUSTOMER’s order. The OWNER may also require an additional deposit after activation of the Service if the CUSTOMER fails to pay any amount when due. Within ninety (90) days after termination of the CUSTOMER’s Service, the OWNER will return the CUSTOMER’s Deposit, less any unpaid amounts due on the CUSTOMER’s account, including any amounts owed for unreturned or damaged Equipment. Amounts held on deposit will not accrue interest except as required by law.
SECTION 15 – CREDIT AND PAYMENT
The OWNER may evaluate the CUSTOMER’s credit history before modifying or providing the Service to the CUSTOMER. In order to establish an account or obtain or modify Service, the OWNER may obtain a report from a consumer credit agency in connection with determining the CUSTOMER’s creditworthiness. If the CUSTOMER fails to pay during any billing cycle, the OWNER may submit a negative credit report to a credit reporting agency, which will negatively affect the CUSTOMER’s credit report. The CUSTOMER agrees to inform the OWNER of any change in credit card information and always maintain a current address, email and telephone number.
The CUSTOMER allows the OWNER or its representative to contact him/her directly regarding any late payments, tickets, citations, fines and/or penalties incurred by the CUSTOMER or assessed against the OWNER while the vehicle was in the CUSTOMER’s possession.
SECTION 16 – COLLECTION
If the OWNER uses a collection agency or attorney to collect money owed or repossess the vehicle, the CUSTOMER agrees to pay the reasonable costs of collection, including, but not limited to, any collection agency fees, reasonable attorneys’ fees, and arbitration or court costs. If the CUSTOMER changes the CUSTOMER’s telephone number or other contact information without notifying OWNER of such change, the CUSTOMER agrees that the CUSTOMER will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us or our collection agent as a result of any attempt to collect any debt through the telephone number or contact information the CUSTOMER provided, including any costs or liabilities associated with misdirected calls. The CUSTOMER shall pay all reasonable attorney and other fees, the expenses and costs incurred by OWNER in protecting its rights under this RENTAL/SUBSCRIPTION agreement and for any actions taken by OWNER to collect any amounts due to the OWNER under this RENTAL/SUBSCRIPTION agreement.
THE CUSTOMER IS SOLELY RESPONSIBLE AND LIABLE FOR ANY MISUSE, CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN, AS A RESULT OF USING ANY OF THE SERVICES.
SECTION 17 – LATE OR NON-PAYMENT
THE CUSTOMER WILL BE CHARGED A LATE FEE OF 10% OF THE OWED AMOUNT FOR ANY AMOUNT THAT HAS NOT BEEN PAID IN FULL 30 DAYS AFTER IT BECOMES DUE.
The OWNER’s Remedies if the CUSTOMER Pays Late or Fails to Pay. The CUSTOMER may be billed fees, charges, and assessments related to late or non-payments if for any reason the OWNER does not receive payment for full amounts billed to the CUSTOMER by the due date.
SECTION 18 – TERMINATION
The OWNER may terminate this agreement at his/her sole discretion, at which time the CUSTOMER must return the vehicle. If the vehicle is not returned, the CUSTOMER authorizes the OWNER to charge his/her credit card for the full amount of fees and dues owed to the OWNER, including the full Retail Price of the vehicle adjusted for any payments made during the subscription.
If the CUSTOMER is in compliance with all the terms of this Agreement, the CUSTOMER may terminate his or her Subscription immediately for no reason, subject to the payment of any fees due at the time of the CUSTOMER’s request for termination.
In the event of termination, the CUSTOMER authorizes the OWNER to charge his/her credit card for the full amount of fees and dues owed to the OWNER.
OWNER may immediately terminate this Agreement and CUSTOMER’s Subscription, at its sole discretion and without notice, if the CUSTOMER: (1) fails to pay any sum due; (2) fails to comply with any term or condition specified in this Agreement; (3) is involved in an incident with a vehicle that, in OWNER’s reasonable discretion, renders the CUSTOMER ineligible or inappropriate for continued Subscription; (4) engages in any activities or conduct that OWNER determines to be inappropriate, negligent, offensive, abusive, fraudulent, or otherwise unacceptable; (5) and/or is not paying the CUSTOMER’s debts as such debts generally become due, becomes insolvent, or proposes any dissolution or liquidation. No fees will be refunded in the event of termination. In the event of termination, CUSTOMER is responsible for all fees and expenses through the last date of termination. In the event of termination, the CUSTOMER agrees to immediately return all OWNER property in their possession to OWNER, and agrees to cover all legal fees and expenses incurred by OWNER necessary while pursuing any debts owed by CUSTOMER under this Agreement.
SECTION 19 – LEGAL DISPUTES
You agree that any claim or dispute at law or equity that has arisen or may arise between OWNER and CUSTOMER will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims between OWNER and You are resolved.
- Applicable Law. You agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between You and OWNER, except as otherwise stated in this Agreement.
- Agreement to Arbitrate. ANY AND ALL DISPUTES (WHETHER BASED IN CONTRACT, LAW, STATUTE, RULE, REGULATION, ORDINANCE, TORT INCLUDING, BUT NOT LIMITED TO FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE, COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION UNDER THE LAWS OF THE STATE OF NEW YORK IN THE UNITED STATES. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING CONNECTED TO THE PROVISION OR USE OF THE SERVICES. You agree that any and all disputes or claims that have arisen or may arise between OWNER and You shall be resolved exclusively through final and binding arbitration, rather than in court, except that You may assert claims in small claims court, if the claim qualifies. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
- Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator also must follow the terms of this Agreement as a court would.
- The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at http://www.adr.org.
- The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall be bound by rulings in prior arbitrations involving you to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Costs of Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines that the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse OWNER for all fees associated with the arbitration.
- Judicial Forum for Legal Disputes. Unless You and OWNER agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to You or to a particular claim or dispute, as a result of a court order, You agree that any claim or dispute that has arisen or may arise between You and Beyond must be resolved exclusively by a state or federal court located in New York County, New York. OWNER and You agree to submit to the non-exclusive jurisdiction of the courts located within Morris County, New York for the purpose of litigating all such claims or disputes.
TERMS OF SERVICE
This website and our iOS and Android applications (collectively, the “site” or “website”) are operated by Brooklyness, Inc. Throughout the site, the terms “we”, “us” and “our” refer to Brooklyness, Inc. Brooklyness, Inc. offers this website, including all information, tools, and services available from this site to the CUSTOMER, the user, conditioned upon the CUSTOMER’S acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or purchasing something from us, the CUSTOMER engages in our “Service” and agrees to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, the CUSTOMER agrees to be bound by these Terms of Service. If the CUSTOMER does not agree to all the terms and conditions of this agreement, then the CUSTOMER may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is the CUSTOMER’s responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, the CUSTOMER represents that the CUSTOMER is at least the age of majority in the CUSTOMER’s state or province of residence, or that the CUSTOMER is the age of majority in the CUSTOMER’s state or province of residence and the CUSTOMER has given us the CUSTOMER’s consent to allow any of the CUSTOMER’s minor dependents to use this site.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that the CUSTOMER’s content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at the CUSTOMER’s own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for the CUSTOMER’s reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to the CUSTOMER or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion
of Beyond. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by the CUSTOMER will meet the CUSTOMERs expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
After the CUSTOMER places an order, we will review the information the CUSTOMER provided for validity by verifying the CUSTOMERs method of payment, billing, and/or shipping address. You agree to provide current, complete and accurate purchase and account information for all orders. We may contact the CUSTOMER (via email or phone) if additional information is required to accept and process the CUSTOMER’s order. You agree to promptly update the CUSTOMER’s account and other information, including the CUSTOMER’s email address and credit card numbers and expiration dates so that we can complete the CUSTOMER’s transactions and contact the CUSTOMER as needed. Invalid order information may result in delays in processing the CUSTOMER’s order. For Product purchases, the CUSTOMER’s receipt of an order confirmation does not constitute OWNER’s acceptance of the CUSTOMER’s order.
We reserve the right, without prior notification, to refuse any order the CUSTOMER places with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify the CUSTOMER by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
OWNER does not sell products through its website for or to children, but only to adults, who can purchase with a credit card or other permitted payment method.
In the event of failure to process the payment on the CUSTOMER’s monthly subscription due to a problem with the means of payment stated in the account, OWNER may attempt to contact the CUSTOMER to update CUSTOMER’s payment information. After a 30 day period after the initial failure to process the monthly subscription, provided the CUSTOMER has failed to contact the OWNER to
update their payment information or hasn’t returned the scooter to the OWNER, the scooter may be presumed stolen at OWNERS sole discretion, who may act accordingly.
For more details, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide the CUSTOMER with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to the CUSTOMERs use of optional third-party tools.
Any use by the CUSTOMER of optional tools offered through the site is entirely at the CUSTOMERs own risk and discretion and the CUSTOMER should ensure that the CUSTOMER is familiar with and approves of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third- parties.
Third-party links on this site may direct the CUSTOMER to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure the CUSTOMER understands them before the CUSTOMER engages in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, the CUSTOMER sends certain specific submissions (for example contest entries) or without a request from us the CUSTOMER sends creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), the CUSTOMER agrees that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that the CUSTOMER forwards to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation, to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that the CUSTOMER’s comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. The CUSTOMER further agrees that the CUSTOMER’s comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than the CUSTOMER’s self, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments the CUSTOMER makes and their accuracy. We take no responsibility and assume no liability for any comments posted by the CUSTOMER or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after the CUSTOMER has submitted the CUSTOMERs order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified
update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, the CUSTOMER is prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet: (k) to lend, sublease and/or sublet the scooter subject of the CUSTOMER’s subscription to any third party. We reserve the right to terminate the CUSTOMER’s use of the Service or any related website for violating any of the prohibited uses.
All Intellectual Property Rights related thereto, are the exclusive property of Owner and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of Owners Intellectual Property or content. Use of the Owner’s Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that the CUSTOMER’s use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to the CUSTOMER.
You expressly agree that the CUSTOMER’s use of, or inability to use, the service is at the CUSTOMER’s sole risk. The service and all products and services delivered to the CUSTOMER through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for the CUSTOMER’s use, without any representations, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Brooklyness, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the CUSTOMER’s use of any of the service or any products procured using the service, or for any other claim related in any way to the CUSTOMER’s use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Brooklyness, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of the CUSTOMER’s breach of these Terms of Service or the documents they incorporate by reference or the CUSTOMERs violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either the CUSTOMER or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when the CUSTOMER ceases using our site.
If in our sole judgment the CUSTOMER fails, or we suspect that the CUSTOMER has failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and the CUSTOMER will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the CUSTOMER access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between the CUSTOMER and us and govern the CUSTOMER’s use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the CUSTOMER and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide the CUSTOMER Services shall be governed by and construed in accordance with the laws of the state of New York.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is the CUSTOMER’s responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
PRE-ORDER TERMS & CONDITIONS
Brooklyness Inc. (herein referred to as We or Brooklyness or Beyond or Owner or Company. Renter or Buyer (herein referred to as You or Customer)
We will do our best to ship Pre-Orders in accordance with the expected ship date. If this changes, we will do our best to inform the CUSTOMER.
CUSTOMER is responsible for keeping the CUSTOMER’s shipping and contact information up-to-date with Owner to ensure proper shipment of the CUSTOMER’s Pre-Order. Please email us at email@example.com should the CUSTOMER need to update any CUSTOMER’s info.
You will be charged when the CUSTOMER places the CUSTOMER’s Pre-Order. If we’re unable to ship the CUSTOMER’s Pre-Order one-year from order placement, we’ll provide a full refund at the CUSTOMER’s request. No discounts, refunds or credits will otherwise be offered due to any such delays.
DISCLAIMER: THIS SUMMARY OF PRE-ORDER TERMS & CONDITIONS (THE “SUMMARY”) IS INTENDED TO ASSIST YOUR REVIEW OF OUR TERMS (AS DEFINED BELOW). THIS SUMMARY IS IN NO WAY INTENDED TO BE COMPREHENSIVE AND ANY CONFLICTS WILL BE GOVERNED ENTIRELY BY THE TERMS BELOW.
FULL PRE-ORDER TERMS & CONDITIONS
These Pre-Order Terms and Conditions (these “Terms”) govern the placing of pre-orders (“Pre- Order”) with BROOKLYNESS, INC. (the “Company”) for the Product (as defined below). Please read these Terms carefully before submitting the CUSTOMER’s Pre-Order of any BROOKLYNESS, INC. Products. By submitting the CUSTOMER’s Pre-Order, the CUSTOMER agrees to be legally bound by these terms.
SECTION 1 – PRODUCTS
You may pre-order BROOKLYNESS, INC. Products, separately or in combination with each other. The Company may also make other BROOKLYNESS, INC. labeled products available for pre- order in its discretion (collectively, the “Products”).
SECTION 2 – PRE-ORDER REGISTRATION
When placing a Pre-Order, the CUSTOMER will be required to provide certain information, such as the CUSTOMER’s address and billing information. You represent and warrant that all such information is accurate, and the CUSTOMER shall ensure that such information is kept current. The Company shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update the CUSTOMER’s information at any time prior to the CUSTOMER’s Product being shipped by sending an email to firstname.lastname@example.org.
SECTION 3 – PAYMENT
To be registered to a Brooklyness subscription, CUSTOMER must provide OWNER with a valid credit or debit card number and expiration date or other valid payment method information. CUSTOMER represents and warrants to OWNER that CUSTOMER is authorized to use any credit or debit card information CUSTOMER furnishes to OWNER. By providing the CUSTOMER’s payment method, You agree that OWNER is authorized to charge You for the CUSTOMER’s subscription and any other fees incurred by CUSTOMER under this Agreement, including all applicable governmental and regulatory charges and applicable sales and other taxes.
If Your payment method expires and You do not update the CUSTOMER’s information or cancel the CUSTOMER’s account, You authorize us to continue billing, and You will remain responsible for any uncollected amounts unless You terminate the subscription under the terms of this agreement. We reserve the right to retry billing all payment method(s) on file after any failed billing attempt. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs. In the event that CUSTOMER falls more than one billing cycle behind on payments, OWNER may 1) require updated payment information; 2) require CUSTOMER to provide bank account information for withdrawing funds directly from CUSTOMER’s bank; 3) if account remains delinquent for longer than one billing cycle, terminate the subscription and require CUSTOMER to return the Product.
It is CUSTOMER’s responsibility to pay any traffic or parking tickets, impound fees or any other fees or taxes imposed. CUSTOMER agrees that OWNER may, in its sole discretion, pay all traffic tickets, impound fees, fines and/or charges on CUSTOMER’s behalf directly to the appropriate authority or applicable party. If OWNER is required to pay and/or process such fees or associated costs, CUSTOMER agrees that OWNER may charge You for the amount OWNER pays plus a reasonable administration charge for dealing with these matters; OWNER will provide notice of any such costs or fees.
Referral and/or Promotional Codes.
OWNER may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be used for discounts or credits on OWNER Services or other features or benefits provided by OWNER, subject to any additional terms that OWNER establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, unless expressly permitted by OWNER; (iii) may be disabled by OWNER at any time for any reason without liability to OWNER; (iv) may only be used pursuant to the specific terms that OWNER establishes for such Promo Code; (v) are not valid for cash; (vi) may be subject to quantity or value limits; and (vii) may expire prior to the CUSTOMER’s use. OWNER reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by the CUSTOMER or any other user in the event that OWNER determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of this Agreement or specific terms applicable to such Promo Codes.
SECTION 4 – SHIPPING
The expected shipping date for Pre-Order Products will be clearly noted on each Product page, subject to reasonable delays in manufacturing and/or delivery. Such date is only an estimate, is subject to change, and the Company does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, the Company is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. The Products will be shipped in the order in which the CUSTOMER’s Pre-Order is received by the Company. Shipments will be made Monday – Friday, excluding holidays, unless otherwise noted.
SECTION 5 – NO CANCELLATION / REFUND
Once the CUSTOMER places the CUSTOMER’s order, the CUSTOMER’s order is final, non-cancelable and non- refundable, except as specified in these terms and the applicable terms of sale.
SECTION 6 – TERMS & CONDITIONS OF SALE
The purchase of the Products is subject to additional terms and conditions provided by Company, including in respect of any software included in the Products or intellectual property embodied in the Products or data collected by the Products. The current Terms and Conditions of Sale can be found below in Terms of Service and are subject to change without notice. Your purchase of the Product will be subject to these Terms and Conditions and the refund policy
SECTION 7 – PRIVACY
SECTION 8 – DISCLAIMER
Except as expressly provided in the Company’s Terms and Conditions of Sale and Returns Policy, and to the maximum extent permitted by applicable law, the Products are provided “as is” and “as available”, with all faults and without guaranteed warranty of any kind, and the Company hereby disclaims all warranties and conditions with respect to the Products, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights.
SECTION 9 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Pre-Order Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between the CUSTOMER and us and govern the CUSTOMER’s use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the CUSTOMER and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
WARRANTY – (Purchased Goods)
BROOKLYNESS, INC. guarantees each new BROOKLYNESS product against defects in workmanship and materials for up to 1 year or as specified for a particular product. Certain Products, including, but not limited to, refurbished items for sale, may have a shorter warranty or no warranty at all.
All original components are guaranteed for a period of 1 year from the date of purchase.
This warranty is expressly limited to the replacement of a defective frame, or defective parts and is the sole remedy of the warranty. This warranty applies only to the original owner and is not transferable. Proof of purchase is required. This warranty does not cover normal wear and tear, improper assembly or follow-up maintenance, or installation of parts or accessories.
The warranty does not apply to damage or failure due to accident, misuse, abuse, or neglect. Modification of the frame or components shall void this warranty.
BROOKLYNESS, INC. is not responsible for incidental or consequential damages. Labor charges, shipping costs or other costs associated with parts changeovers which are not covered by the warranty. This warranty does not affect the statutory rights of the consumer.
SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?
When the CUSTOMER purchases something from our store, as part of the buying and selling process, we collect the personal information the CUSTOMER gives us such as the CUSTOMER’s name, address and email address.
When the CUSTOMER browses our store, we also automatically receive the CUSTOMER’s computer’s internet protocol (IP) address in order to provide us with information that helps us learn about the CUSTOMER’s browser and operating system.
Email marketing: With the CUSTOMER’s permission, we may send the CUSTOMER emails about our store, new products, and other updates.
SECTION 2 – CONSENT
When the CUSTOMER provides Owner with personal information to complete a transaction, verify the CUSTOMER’s credit card, place an order, arrange for a delivery or return a purchase, the CUSTOMER implicitly consents to our collecting it and using it for that specific reason only.
If we ask for the CUSTOMER’s personal information for a secondary reason, like marketing, we will either ask directly for the CUSTOMER’s express consent or provide the CUSTOMER with an opportunity to say no.
How does CUSTOMER withdraw consent?
If after the CUSTOMER opts-in, the CUSTOMER changes the CUSTOMER’s mind, the CUSTOMER may withdraw the CUSTOMER’s consent for us to contact the CUSTOMER, for the continued collection, use or disclosure of the CUSTOMER’s information, at any time, by contacting us at email@example.com
SECTION 3 – DISCLOSURE
We may disclose the CUSTOMER’s personal information if we are required by law to do so.
SECTION 4 – STRIPE
Our store is hosted by Stripe Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to the CUSTOMER.
Your data is stored in Stripe’s data storage, databases, and the general Stripe application. Owner is not responsible for any data breach that may be attributed to Stripe. You can read about Stripe’s privacy policies here.
SECTION 5 – SECURITY
To protect the CUSTOMER’s personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If the CUSTOMER provides us with the CUSTOMER’s credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI- DSS requirements and implement additional generally accepted industry standards.
SECTION 6 – COOKIES
Here is a list of cookies that we use in conjunction with Shopify. We’ve listed them here so that the CUSTOMER can choose if the CUSTOMER wants to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about the CUSTOMER’s session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of the CUSTOMER’s cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
SECTION 7 – AGE OF CONSENT
By using this site, the CUSTOMER represents that the CUSTOMER is at least the age of majority in the CUSTOMER’s state or province of residence, or that the CUSTOMER is the age of majority in the CUSTOMER’s state or province of residence and the CUSTOMER has given OWNER the CUSTOMER’s consent to allow any of the CUSTOMER’s minor dependents to use this site.
If We are acquired or merged with another company, the CUSTOMER’s information may be transferred to the new owners so that we may continue to serve the CUSTOMER.
COMMUNITY RULES // SOCIAL PLATFORMS
Welcome to the Beyond Community!
This Community is here for riders to share tips, learn or ask advice from other customers and from us. Everyone’s welcome to drop by and get involved but please note Beyond Help will give you the quickest response for account specific queries.
To ensure this remains a safe and fun place for everyone, we have a few Community Guidelines to follow.
- Search for your question in our FAQs here. Maybe someone has already experienced this and there is a solution already posted.
- Be nice and respect other people’s opinions. Note: they may be different from your own.
- Use your initiative. If you’re going to follow someone’s advice, make sure it’s for your issue and isn’t going to make things worse.
- Share your knowledge. If you think you may be able to help another member then we’d love you to post it.
Post personal information. It’s not just us that can see you posted your details – the entire internet can. This includes things like your own or anyone else’s phone numbers, addresses, bank details and email addresses.
Openly discuss moderation actions that have been taken. If you have a question then please get in touch via private message to the Community Manager.
Advertise, post repetitive messages or links. This includes third party adverts, polls and petitions, junk mail, spam, chain letters or any other form of unauthorised solicitation.
Use bad language or Insulting/offensive behaviour. Everyone is here either to ask questions or help answer them, so please don’t personally attack other members.
Change the thread topic. If you want to discuss something different to the original post please start a new thread.
Avatars/Usernames – Your avatar and username are a great way of personalising your profile and making yourself stand out from the crowd. However, as they’re visible to everyone, your avatar and username must adhere to some guidelines:
- No nudity and clothing must be appropriate for all ages
- No swearing, offensive messages or gestures
- No pictures which could cause offence / upset (i.e. depictions of violence, injury or other scenes likely to cause distress)
- Must not contain personal information (i.e. phone number, postcode or account number)
Personal account questions and information: For help with account queries you can contact customer service at firstname.lastname@example.org.
Other circumstances: Please note that the above is not an exhaustive list and we ask everybody to use their common sense when posting. If content is deemed inappropriate then we reserve the right to remove it. We are also able to restrict a member’s access to the community either by a temporary or permanent ban.
If you see a post that is against any of our Community Guidelines or you don’t think is suitable for the community please let us know by emailing us at email@example.com. Please do not respond to the post yourself.
BEYOND MESSAGING TERMS & CONDITIONS
Effective Date: November 07, 2020
This SMS message program is a service of Brooklyness Inc. (hereafter referred to as Beyond). By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from Beyond. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give Beyond permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.
Message frequency may vary. Beyond reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Beyond also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Beyond, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Beyond and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Beyond through any other programs you have joined until you separately unsubscribe from those programs.
Help or Support
Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF Beyond OR ANY PARTY ACTING ON BEHALF OF Beyond BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO Beyond HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF Beyond HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE Beyond MESSAGING PROGRAM. Beyond AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.
To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless Beyond, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from Beyond or its service providers.
Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from Beyond or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Beyond ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Beyond to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Any arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at http://www.adr.org.
No Class Actions
YOU AND Beyond AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Beyond agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and Beyond are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
Modifications to this Arbitration Provision.
Notwithstanding anything to the contrary in these Messaging Terms, if Beyond makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Beyond’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Beyond
If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
Changes to the Messaging Terms
We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from Beyond after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.
These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and Beyond concerning the Messaging Program.
Please contact us with any inquiries or concerns at firstname.lastname@example.org or write to us at: 368 Broadway, New York, NY 10013
QUESTIONS AND CONTACT INFORMATION
If the CUSTOMER would like to access, correct, amend or delete any personal information we have about the CUSTOMER, register a complaint, or simply want more information contact our Privacy Compliance Officer at email@example.com or by mail at
[Re: Privacy Compliance Officer]
368 Broadway, New York, NY 10013 USA Copyright © 2021 Brooklyness