Effective Date: May 12th, 2021
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE UNAGI SERVICES.
In consideration of Your use of any of the Unagi Services (defined below) that may be provided by Unagi, Inc. (“Unagi”), Unagi requires that You (“Rider,” “You,” or “Your”) (acting for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all terms and conditions in this Unagi Subscription Agreement (which includes WAIVERS OF LIABILITY and RELEASE) (“Agreement”).
Services provided by Unagi include, among other things, (1) the Unagi website (the “Unagi Site” or “Site”, currently at www.unagiscooters.com), (2) Your Electric Scooters (“Electric Scooter” or “Electric Scooters”), and (3) all related equipment, personnel, services, applications, websites, and information provided or made available by Unagi (collectively, “Unagi Services”).
In addition to Terms and Conditions [https://www.unagiscooters.com/pages/terms-conditions], You expressly agreed to when you used Unagi’s Site (including this visit), You must CAREFULLY READ all the terms and conditions in this Agreement before entering into this Agreement with Unagi. Here is a partial list of some of the terms that Unagi would bring to Your initial attention in the event You are on a smartphone or other personal device with a smaller screen. Capitalized terms have the meanings given to them where defined in this Agreement. This Subscription Agreement:
- CONTAINS RELEASES, DISCLAIMERS, ASSUMPTION-OF-RISK PROVISIONS, AND A BINDING ARBITRATION AGREEMENT THAT MAY LIMIT YOUR LEGAL RIGHTS AND REMEDIES. FOR MORE DETAILS, PLEASE REFER TO SECTIONS 8 AND 14 BELOW.
- If You do not choose to fold and carry Your Unagi Electric Scooter with You, You must not park it in a prohibited parking spot, or on unauthorized private property, or such that it blocks the right of way, or in another improper non-public space.
- All applicable laws and regulations (including, without limitation, those applicable to traffic, pedestrians, parking, charging and electric vehicles) must be obeyed, including all applicable helmet laws in Your area.
- You must promptly report any damaged or malfunctioning Electric Scooters to Unagi via e-mail or the Unagi Site [https://support.unagiscooters.com/hc/en-us/requests/new?ticket_form_id=360000369359](to which a response email from Unagi will be sent, with instructions on what to do with Your Electric Scooter).
Unagi Personal Subscription Program
This Unagi Personal Subscription (“Personal Sub”) Program is offered to You on the following terms with respect to extended subscriptions for Unagi Electric Scooters.
Unagi expressly agrees to let, and the Rider expressly agrees to take on, lease of the Electric Scooter subject to the terms and conditions set out herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in United States dollars.
GENERAL RENTAL AND USE OF YOUR ELECTRIC SCOOTER.
General. Under the Personal Sub Program, Unagi may lease an Electric Scooter to You for Your personal use on an extended basis, such as on a monthly or yearly basis. Except as specified herein, You are responsible for the leased Electric Scooter during the entire Personal Sub period, including safeguarding the Electric Scooter at all times, storing the Electric Scooter securely overnight and when not in use, and ensuring the Electric Scooter has adequate charge for Your use. As a personal lease, the Electric Scooter shall not be available for lease or use by other Riders. In addition, You may not use the Electric Scooter for any commercial purposes whatsoever without Unagi’s express consent.
Rider is Sole User. Unagi and the Rider are the only parties to this Agreement. The Rider is the sole subscriber and is solely responsible for compliance with all terms and conditions contained herein. You understand that when You receive an Electric Scooter from Unagi, the Electric Scooter must be used only by You. You must not allow others to use an Electric Scooter that You have received under this Personal Sub Program from Unagi.
Rider is At Least 18 Years Old. Rider represents and certifies that they are at least 18 years old.
Rider is a Competent Electric Scooter Operator. Rider represents and certifies that he/she is familiar with the operation of the Electric Scooter, is reasonably competent and physically fit to ride the Electric Scooter, and has reviewed the safety materials provided by Unagi [via the Unagi Site]. By choosing to charge and ride an Electric Scooter, Rider assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate an Electric Scooter. You are advised to adjust Your riding behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.
- The Electric Scooter is the Exclusive Property of Unagi. Rider agrees that the Electric Scooter and any Unagi equipment attached thereto, at all times, remain the exclusive property of Unagi. You must not dismantle, take apart, write on, stick on, or in any way modify, repair or deface an Electric Scooter, any part of an Electric Scooter, or other Unagi equipment in any way. You must not write on, peel, or in any way modify or deface any sticker on an Electric Scooter in any way. You must not use an Electric Scooter, or any other Unagi equipment, for any advertising or other commercial purpose without the express written permission of Unagi.
Electric Scooter Availability. The Personal Sub program may only be available in select markets and for select time periods, in Unagi’s sole discretion. Unagi may suspend or terminate the program at any time. Currently the Personal Sub Program is only available in portions of the cities of Phoenix, Arizona; Los Angeles, California; Miami, Florida; New York City, New York; Nashville, Tennessee; Austin, Texas; Seattle, Washington; and portions of cities in Alameda, Contra Costa, San Francisco, San Mateo, and Santa Clara counties in California (collectively, the "San Francisco Bay Area"). Rider agrees and acknowledges that the Electric Scooters are not available for delivery 24 hours a day, 7 days/week, 365 days per year. Electric Scooters provided by Unagi must be received during operating hours. The number of Electric Scooters are limited and Electric Scooter availability is never guaranteed. Electric Scooters provided by Unagi may be refurbished models with minor cosmetic imperfections. Rider agrees that Unagi may require Rider to take a replacement Electric Scooter at any time, within 5 business days, or at the earliest viable date for a replacement.
Delivery & Pick-Up. Your leased Electric Scooter will be delivered at a permissible designated location on an available delivery date that You request, subject to availability and weather conditions, and other conditions having an impact on public safety and traffic (“Permissible Delivery Location”). A Permissible Delivery Location, at present, must be a valid street address in a city in which the Personal Sub Program is available. You must be available to receive Your Electric Scooter at a Permissible Delivery Location during available pick-up dates in accordance with instructions that will be provided to You. Upon return of Your Electric Scooter for any reason, unless You are receiving a replacement Unagi Electric Scooter, You will also be required to return any provided equipment such as power cords or locks. You shall be responsible for all costs associated with failure to return an Electric Scooter on the scheduled date and time and in the condition it was delivered to You (ordinary wear and tear excepted), and for any failure to return all other equipment Unagi provided to You.
Operating Area. Rider agrees not to use, operate, and/or ride the Electric Scooter in any no-ride zone and further agrees not to transport the Electric Scooter outside of the United States.
Rider Must Follow Laws Regarding Use and Operation of Your Electric Scooter. Rider agrees to follow all laws pertaining to the use, riding, parking, charging, and/or operation of Your Electric Scooter, including all state and local laws and the rules and regulations pertaining to Electric Scooters in the area where You are operating the Electric Scooter, including any helmet laws. Rider also agrees to act with courtesy and respect toward others while using all Unagi Services.
Prohibited Acts. Rider agrees to all of the following:
- Unagi cautions against operation of an Electric Scooter while carrying or holding a backpack, bag, or other item that can alter balance, add extra weight, or impair safe operation of the Electric Scooter. If You choose to use such an item, You do so at your own risk; Unagi recommends that You ensure the item fits snugly to Your body and does not impede Your ability to operate the Electric Scooter safely.
- You must not place any objects on the handlebar of the Electric Scooter, such as backpacks or bags.
- While riding an Electric Scooter, You must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from operating the Electric Scooter safely.
- You must not operate an Electric Scooter while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to operate an Electric Scooter safely.
- You must not carry a second person or child on an Electric Scooter.
- You should not park the Electric Scooter without a locking mechanism.
- The Electric Scooter should not be parked in prohibited parking spots.
- The Electric Scooter should not be parked on unauthorized property, blocking a right of way, or in any other unapproved public space.
- You should not park the Electric Scooter in heavily trafficked areas if the Electric Scooter is in danger of being knocked down.
- Your Electric Scooter is portable, but if You do choose to park it, it should be parked in an upright position using its kickstand.
Electric Scooter is Intended for Only Limited Types of Use. You agree that You will not use Your Electric Scooter for racing, mountain riding, or stunt or trick riding. Rider further agrees that he/she will not operate and/or use the Electric Scooter on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others. You agree that You will not use the Electric Scooter for hire or reward, nor in violation of any law, ordinance or regulation.
Weight and Cargo Limits. You must not exceed the maximum weight limit for the Electric Scooter (275 pounds unless otherwise indicated).
No Tampering; No Unauthorized Use. You must not tamper with, attempt to gain unauthorized access to, or otherwise use the Unagi Services other than as specified in this Agreement.
Reporting Damage or Crashes, Traffic Violations, Enforcement. You must report any damage, malfunction or other functional impairment of the Electric Scooter promptly via the Unagi Site. Unagi will review the information You provide and may request additional information. After review, Unagi may, in its discretion, offer to replace the Electric Scooter with another Unagi Electric Scooter or request return of the Electric Scooter, in which cases Unagi will schedule with You an appropriate drop-off and delivery time at a Permissible Delivery Location.
Unagi reserves the right to charge You for damage to the Electric Scooter caused by You or others (including any vandalism), water damage, or theft, up to the value of the Electric Scooter plus administrative and processing fees. You shall not be responsible for ordinary wear and tear incurred in Your ordinary use of Your Electric Scooter.Rider must report any accident, crash, damage, personal injury traffic violation, or stolen or lost Electric Scooter to Unagi promptly and as soon as possible (within 2 business days of their occurrence). If a crash involves personal injury, property damage, or a stolen Electric Scooter, Rider must file a report with the local police department (within 24 hours of such occurrence). Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorneys’ fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Electric Scooter.
YOUR AUTOMOTIVE INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING OR DAMAGE TO YOUR UNAGI ELECTRIC SCOOTER. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR AUTOMOTIVE INSURANCE COMPANY OR AGENT.
Rider agrees that traffic violations and related citations, fines or impound charges are at the risk and expense of the Rider, including in connection with improper or unauthorized parking at the end of the rental period.
Rider agrees and acknowledges that Unagi may and will cooperate with law enforcement to provide any information necessary as they may request or may otherwise be required.
Rider Responsibility for Electric Scooter Use and Damage. Rider agrees to return the Electric Scooter to Unagi in the condition in which it was rented. Rider will not be responsible for normal wear and tear.
Charging Your Electric Scooter. Your Unagi Electric Scooter is an electric scooter that requires periodic charging of its battery in order to operate. Rider agrees to use and operate the Electric Scooter safely and prudently in light of it being an electric scooter and all of the limitations and requirements associated therewith. You are responsible for charging the Electric Scooter using a charging cord that has been provided to You or approved by Unagi to ensure the Electric Scooter has adequate battery capacity for Your intended use. Rider understands and agrees with each of the following:
Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, property or fire or other damages, injuries, costs, and expenses, penalties, attorney’s fees, judgments, suits, or disbursements of any kind or nature whatsoever related to Rider charging or attempting to charge the Electric Scooter. When charging an Electric Scooter, Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and Rider agrees that Unagi and all other Released Persons (defined below in Section 14) are not responsible for any injury, damage, or cost caused by Rider with respect to any person or property, including the Electric Scooter itself, directly or indirectly related to the charging of the Electric Scooter.The level of charge power remaining in the Electric Scooter will decrease with use of the Electric Scooter (over both time and distance), and that as the level of charge power of the Electric Scooter decreases, the speed and other operational capabilities of the Electric Scooter may decrease (or cease in their entirety).The level of charging power in the Electric Scooter at the time Rider initiates the operation of the Electric Scooter is not guaranteed and will vary with each use.The rate of loss of charging power during the use of the Electric Scooter is not guaranteed and will vary based on the Electric Scooter, road conditions, weather conditions, and other factors.It is Rider’s responsibility to check the level of charge power in the Electric Scooter and to ensure that it is adequate before initiating operation of the Electric Scooter.The distance and/or time that Rider may operate the Electric Scooter before it loses charging power is never guaranteed.The Electric Scooter may run out of charging power and cease to operate at any time during Rider’s use of the Electric Scooter, including before reaching Rider’s desired destination.
RIDER AGREES THAT HE/SHE IS RESPONSIBLE AND LIABLE FOR ANY MISUSE, CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, PROPERTY OR FIRE OR OTHER DAMAGES, INJURIES, COSTS, AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS, OR DISBURSEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATED TO RIDER CHARGING OR ATTEMPTING TO CHARGE THE ELECTRIC SCOOTER. BY CHOOSING TO CHARGE AN ELECTRIC SCOOTER, RIDER ASSUMES FULL AND COMPLETE RESPONSIBILITY FOR ALL RELATED RISKS, DANGERS, AND HAZARDS, AND RIDER AGREES THAT UNAGI AND ALL OTHER RELEASED PERSONS (DEFINED BELOW IN SECTION 14) ARE NOT RESPONSIBLE FOR ANY INJURY, DAMAGE, OR COST CAUSED BY RIDER WITH RESPECT TO ANY PERSON OR PROPERTY, INCLUDING THE ELECTRIC SCOOTER ITSELF, DIRECTLY OR INDIRECTLY RELATED TO THE CHARGING OF THE ELECTRIC SCOOTER.
Accessing Unagi Services and Tampering with Electric Scooter GPS. Unless otherwise instructed by Unagi, to activate and utilize Unagi Services, you must use the Unagi Site. You may not tamper with or disable any GPS device that is in or on an Electric Scooter.
2. PAYMENT AND FEES.
2.1 Fees. Fees for leasing a Unagi Electric Scooter under the Personal Sub Program shall be specified on the Unagi Site and such fees are non-refundable. Fees will be charged beginning on the date of purchase. Fees will continue on a recurring basis until cancelled or otherwise terminated. Rider may use the Electric Scooter in accordance with this Personal Sub Program: its pricing is described on the Unagi site. Pricing is subject to change. Fees and other charges may be subject to applicable taxes and other local government charges: these taxes and charges may be charged and collected by Unagi. Unagi will charge the Rider (through credit, or debit card or through another agreed payment method) the subscription amount as stated and any other fees as described in this Agreement, including a recurring payment plan for the subscription You have chosen.
2.2 Referral and/or Promotional Codes.
Unagi may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be used for discounts or credits on Unagi Services or other features or benefits provided by Unagi, subject to any additional terms that Unagi 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 Unagi; (iii) may be disabled by Unagi at any time for any reason without liability to Unagi; (iv) may only be used pursuant to the specific terms that Unagi 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 Your use of them. Unagi 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 You or any other user in the event that Unagi 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.
2.3 Valid Payment Method. To be registered to use the Unagi Services, Rider must provide Unagi with a valid credit or debit card number and expiration date or other valid payment method information. Rider represents and warrants to Unagi that Rider is authorized to use any credit or debit card or other payment method based on information Rider has provided to Unagi. By providing your payment method, You agree that Unagi is authorized to charge You for Your subscription and any other fees incurred by Rider under this Agreement, including applicable governmental and regulatory charges and applicable sales and other taxes.
When You provide a payment method, in accordance with Unagi policies, our system will attempt to verify the information You entered. We do this by processing an authorization hold, which is a standard practice. We do not charge You in connection with this authorization hold. If Your payment method expires and You do not update your information or cancel your account, You authorize us to continue billing You, and You will remain responsible for any uncollected amounts. 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.
Rider agrees that Unagi may, in its sole discretion, pay all traffic tickets, impound fees, fines and/or charges on Rider’s behalf directly to the appropriate authority or applicable party. If Unagi is required to pay and/or process such fees or associated costs, Rider agrees that Unagi may charge You for the amount Unagi pays, in addition to a reasonable administration charge for dealing with these matters; Unagi will provide notice of any such costs or fees, including their amounts and payment status.
In the event Unagi uses a third party collection and/or administrative agent to resolve any tickets, damages, infringements of law or of this Agreement, fines and/or penalties, Rider agrees to pay all costs and collection fees including, but not limited to, administrative and legal costs to such agent upon demand without protest.
If Rider disputes any charge on Rider’s payment method, then Rider must contact Unagi within five (5) business days from the end of the month with the disputed charge. Rider agrees to inform Unagi of all changes relating to the payment method.
You have agreed to make automatic or recurring payments, and such payments will continue until You cancel or Your account is terminated. You can cancel by following the instructions on the Unagi Site. If You cancel, You may use any remaining balance on Your account, but You may not be able to continue using Unagi Services until You have reauthorized an applicable payment method. Unagi may continue to charge Your payment method for any additional fees or charges incurred under this Agreement.
2.4 Pick Up Fees. If You are unable to return (or exchange) Your Electric Scooter at a Permissible Delivery Location (as set forth in Section 1.(g.)), You may request that the Electric Scooter be picked up elsewhere by Unagi. If Unagi agrees to do so, at its sole discretion, Unagi will charge You a pick-up fee. If Your Electric Scooter is abandoned without notice, You will be responsible for a service charge for Unagi to recover the Electric Scooter. Such fees are subject to change.
3.1 Safety Check. Upon receiving Your Electric Scooter and before each use of Your Electric Scooter, You are advised to conduct a basic safety inspection of the Electric Scooter, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) good condition of the frame; (iv) sufficient battery charge power; and (iv) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. Rider agrees not to ride the Electric Scooter if there are any noticeable issues, and to immediately notify customer service to alert Unagi of any problems.
3.2 Lost or Stolen Electric Scooter. An Electric Scooter may be deemed lost or stolen if (a) the Electric Scooter is not returned upon the expiration of the Personal Sub Program term; (b) an Electric Scooter’s GPS unit is disabled; (c) or other facts and circumstances suggest to Unagi in its reasonable, good faith determination that an Electric Scooter has been lost or stolen. If Unagi deems an Electric Scooter lost or stolen, Unagi 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. Unagi may, in its sole discretion, replace stolen or damaged scooters with payment of a deductible by Rider. Rider agrees to report Electric Scooter disappearance or theft to Unagi immediately (as soon as possible) and within two (2) business days following discovery that Your Electric Scooter has disappeared or was stolen; furthermore Rider will, as set forth in Section 1.n.iii above, immediately file a police report concerning a missing or stolen Electric Scooter. Rider acknowledges that Unagi may use GPS or other electronic data systems to determine the whereabouts of Electric Scooters, and agrees the data generated by Unagi’s computer is conclusive evidence of the use and possession of an Electric Scooter by a Rider.
3.3 Helmets; Safety. Unagi recommends that You wear a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions. Unagi and all other Released Persons (defined below in Section 14) do not represent or warrant the quality or safety characteristics of any helmet, and Rider agrees that none of the Released Persons are liable for any injury suffered by Rider while using any of the Unagi Services, whether or not You were wearing a helmet at the time of injury. Rider assumes all risk of not wearing a helmet or other protective gear. Rider may also need to take additional safety measures or precautions not specifically set forth in this Agreement, including obeying local safety rules and measures.
3.4 Electric Scooter Routes. Rider agrees that Unagi does not provide or maintain places to ride Electric Scooters, and Unagi does not guarantee that there will always be a safe place to ride an Electric Scooter. Roads, sidewalks, Electric Scooter lanes, and Electric Scooter routes may become dangerous due to weather, traffic, or other hazards.
3.5 Limitations on Electric Scooter Rental. Rider agrees that Unagi is not a common carrier. Alternative means of public and private transportation are available to the general public and to Rider individually, including public buses and rail service, taxis, and pedestrian paths. Unagi leases Electric Scooters only as a convenience, and they are intended to be used only by persons who are able and qualified to operate an Electric Scooter, and who have agreed to all terms and conditions of this Agreement.
- Termination.At any time and from time to time, and without Rider’s consent, Unagi may unilaterally terminate Rider’s right to use the Unagi Services, in Unagi’s sole discretion by providing notice and/or cause, if any. Rider may terminate Rider’s use of the Unagi Services at any time; provided, however, that (i) a refund may be provided by Unagi, if warranted, (ii) the term of this Agreement continues in accordance with its terms, and (iii) Rider may still be charged any applicable additional fees as set forth in this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Rider’s right to use any of the Unagi Services, regardless of how the Agreement is terminated.
- Notice.Unagi may be contacted by emailing firstname.lastname@example.org or by mail at 1040 22nd Ave, Oakland, CA 94606.
- Choice of Law; Dispute Resolution.This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of California, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of California and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in Los Angeles County, California.
- Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
8.1 Initial Dispute Resolution. Rider Support is available via the Unagi Site to address any concerns You may have regarding Your use of an Electric Scooter and/or this Agreement. The parties shall use their best efforts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating mediation, arbitration, or a lawsuit.
8.2 Binding Arbitration
If the parties do not reach an agreed upon solution through the support process, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to use, lease and subscription of an Electric Scooter, this Agreement, and the parties’ relationship with each other shall be finally settled by binding arbitration administered by JAMS, or alternatively a mutually agreed upon arbitrator or arbitration service, under applicable commercial arbitration rules for JAMS (or the mutually agreed upon arbitration service), excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Unagi will pay the additional cost. The arbitration rules also permit You to recover attorneys’ fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in a court of law.
8.3 Location. The arbitration will take place in Los Angeles County, California, or at a mutually agreed upon location (at Unagi’s sole discretion).
8.4 Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND UNAGI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
8.5 Litigation of Intellectual Property or Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in the proper state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
8.6 Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of Your decision to opt-out to the following address: Unagi, Inc., 1040 22nd Ave, Oakland, CA 94606. The notice must be sent within thirty (30) days of the effective date or Your first use of the Service, whichever is later, otherwise You shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If You opt-out of these arbitration provisions, Unagi also will not be bound by them.
8.7 Changes to this Section
Unagi will provide prior written notice of any changes to this section. Changes will become effective only after prior written notice and will apply prospectively only to any claims arising after the notice period.
For any dispute not subject to arbitration You and Unagi agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Los Angeles, California. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
- Waiver and Severability.No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
- Cumulative Remedies.All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.
- Final Agreement; Modification by Unagi.This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, without Rider’s consent, Unagi may unilaterally amend, modify, or change this Agreement, in its sole discretion. By continuing to use any of the Unagi Services after any amendment, modification, or change, Rider has agreed to be bound by all such amendments, modifications, and changes. Rider must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, Unagi will post a notification on the Unagi Site. Pricing set forth on the Unagi Site will be the pricing for Your Personal Sub Program.
- Contract Interpretation.Headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not to be exclusive in its meaning. “Including” means “including, but not limited to.” Unless context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.
- Voluntary Execution of this Agreement.This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part or behalf of Unagi. You acknowledge that (a) You have read this Agreement; (b) You understand the terms and consequences of this Agreement, including the releases it contains; and (c) You are fully aware of the legal and binding effect of this Agreement.
- RELEASES; DISCLAIMERS; ASSUMPTION OF RISK.
In exchange for Rider being allowed to use Unagi Services, Electric Scooters, and other equipment or related information provided by Unagi, You agree to fully release, indemnify, and hold harmless Unagi and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, and to the fullest extent permitted by law any Municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) in which You have utilized Unagi Services (including using Your Unagi Electric Scooter), and every property owner or operator with whom Unagi has contracted to operate Unagi Services and all of such parties’ owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (collectively, the “Released Persons”) from liability for all “Claims” arising out of or in any way related to Rider’s use of the Unagi Services, Electric Scooters, or related equipment, including, but not limited to, those Claims based on Released Persons’ alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons’ gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims.
“Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney’s fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to Rider or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Unagi Services, including any of the Electric Scooters, placement, equipment, maintenance, related information, this agreement or (b) Your use of any of the foregoing.
To the fullest extent permitted by law, and as to Your use of any of the Unagi Services, Electric Scooters, or related equipment, Unagi and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All of the Unagi Services, Electric Scooters, and related equipment are provided “as is” and “as available,” and You rely on them at Your own risk.
You are aware that Your use of any of the Unagi Services, Electric Scooters, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to You or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:
- Electric Scooters and other objects;
- Electric Scooter or its component(s) malfunction;
- Road conditions;
- Weather conditions;
- Failure to follow applicable laws regarding use and/or operation of Your Electric Scooter pursuant to Section 1.(i.-n. inclusive);
- Commission of any of the prohibited acts listed in Section 1.(i.-n. inclusive);
- Failure to perform the required safety check pursuant to Section 3.1;
- Failure to wear a helmet where required by law; and
- Negligent acts or omissions by Unagi, any other Released Person, Rider, or third party.
You are solely and fully responsible for the safe operation of the Electric Scooter at all times. You agree that Electric Scooters are machines that may malfunction, even if Your Electric Scooter is properly maintained, and that any such malfunction may cause injury. You assume full and complete responsibility for all related risks, dangers, and hazards, relating to Your Electric Scooter.
To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of Unagi, the Released Parties, any Municipality or any other party. You hereby expressly waive any claims against the Released Parties, any Municipality or any other party which You do not know or suspect to exist in Your favor at the time of use of Unagi Services including Your Electric Scooter, and You expressly waive Your rights under any statutes that purport to preserve your unknown claims (if any).
Riders must not operate e-scooters in excess of 25 mph. Riders under the age of 18 must wear a helmet while operating e-scooters. Operating e-scooters on sidewalks is prohibited unless specifically allowed by the municipality where the e-scooter is being operated. Do not operate e-scooters in areas designated as “no ride zones” by municipal governments. Check municipal ordinances in your area for changes or additions to e-scooter laws.
All e-scooter riders must ride alone and have a valid driver’s license or learner’s permit while operating e-scooter. Riders under 18 must wear a helmet at all times while operating e-scooters. Riders must not operate e-scooters in excess of 15 mph. Operating e-scooters on sidewalks is prohibited unless specifically allowed by the municipality where the e-scooter is being operated. For left hand turns, e-scooter riders must dismount and walk until completion of turn. Riders must use bike lanes where available. E-scooter riders must obey all signs and rules when crossing a roadway at a crosswalk.
PROPOSITION 65 NOTICE
This product can expose You to chemicals including chromium (in the Electric Scooter battery), which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information: http://www.p65warnings.ca.gov.
E-scooters cannot exceed 15 miles per hour on streets and bike lanes and 7 miles per hour on sidewalks. Riders must be 18 years of age or older and must have a valid driver’s license, state identification, or passport which must be scanned or provided to vendors as proof of age. Parents may not allow minor children to use e-scooters. Users are not required to wear a helmet on e-scooters, but helmet use is strongly recommended. Only one person at a time may ride an e-scooter. Check municipal ordinances in your area for changes or additions to e-scooter laws.
Riders must be 16 or older to operate e-scooters. Riders must not operate e-scooters in excess of 15 mph. Do not operate e-scooters on streets or highways with a speed limit in excess of 30 mph. Do not operate e-scooters on sidewalks except where specifically authorized. Wearing helmets is mandatory for Riders who are 16 or 17 years old. Wearing helmets recommended for Riders who are 18 or older. Check municipal ordinances in your area for changes or additions to e-scooter laws.
All riders of e-scooters must be at least 18 years old and hold a valid driver’s license. One only person may ride an e-scooter at a time. E-scooters may not be ridden on sidewalks within a business district, including within 600 feet of a hotel, bank, office building, train station, or in downtown areas, or in any designated municipal “no ride zone”. All riders must obey the rules of the road, including sharing lanes of travel, staying alert, and obeying right-of-way laws. Riders should yield to pedestrians and give an audible warning when passing them and refrain from using e-scooters to perform tricks or dangerous maneuvers. Check municipal ordinances in your area for changes or additions to e-scooter laws.
Do not operate e-scooters on streets or highways with a speed limit in excess of 35 mph. Riders under the age of 17 must wear a helmet while operating e-scooters. E-scooters may only be operated on sidewalks in a reasonable and prudent manner. Riders may not use any electronic devices (including but not limited to phones) while operating e-scooters. E-scooters may not be parked in a manner that blocks pedestrian or vehicle traffic, or parking spaces. If a rider causes a collision or accident involving injury, the rider must stop, render aid and provide their name, address and phone number. Riders may not carry passengers on Unagi e-scooters, which are designed to carry only one person (the rider). Check municipal ordinances in your area for changes or additions to e-scooter laws.
E-scooters are prohibited on sidewalks unless there is no alternative for a motorized foot scooter to travel over a sidewalk that is part of a bicycle or pedestrian path. Riders must not operate e-scooters in excess of 8 mph on their first riding experience, or in excess of 15 mph on subsequent rides. Do not operate e-scooters on streets or highways with a speed limit in excess of 25 mph. E-scooters may not be operated at any time from a half hour after sunset to a half hour before sunrise without reflectors. E-scooters cannot be operated on fully controlled limited access highways. Riders of e-scooters must wear a helmet. Check municipal ordinances in your area for changes or additions to e-scooter laws.
RIDER’S ACCEPTANCE OF AGREEMENT
I certify that I have read and expressly agree to the terms and conditions of Section 14 Releases; Disclaimers; Assumption of Risk, and I acknowledge that this section limits my legal rights and remedies. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law. I represent and certify that I am familiar with the operation of Unagi Electric Scooters, and I am reasonably competent and physically fit to ride the leased Electric Scooter.
I certify that I am and will be the Rider (and the only Rider), I am at least 18 years’ old, I will wear a helmet where required by law, I will not ride on a Unagi Electric Scooter with another occupant. I will obey all traffic laws, I will ride at my own risk. I have read and expressly agree to the terms and conditions set forth in this Agreement.