Terms And Conditions
PRODUCT LIABILITY DISCLAIMER
Urban Machina, Inc. (“Urban Machina”) offers its products on the following legal terms, conditions and notices. The following terms, conditions and notices apply to all sales and uses of Urban Machina products. Please review them carefully as these terms, conditions and notices include limitation of warranties and disclaimer of liabilities. Clicking through this Disclaimer, proceeding to checkout, using, or allowing the use of the Scooters indicates your agreement to the following terms and conditions. Any and all scooters or vehicles offered and sold by Urban Machina regardless of the model, maker, manufacturer or edition will be referred to as a “Scooter” or “Scooters” in this Disclaimer.
ELECTRIC SCOOTER LEGALITY
I understand that each city, province, state or country will have different regulations regarding the use of personal mobility devices. I acknowledge that I have conducted my due diligence in my research of related regulations for my purchase.
RISK OF ACTIVITIES
I understand that there is an inherent risk and danger associated with the use of Scooters and that while riding a Scooter, I may encounter or be exposed to any number of risks, hazards, and dangers including, but not limited to, losing control of or crashing a Scooter, falling off a Scooter, collisions with moving or parked vehicles, bicycles, skateboards, Scooters, pedestrians or other obstacles, encountering potholes, uneven surfaces, debris or other distractions, which can lead to damage to property, serious physical injury, disability and/or death. I agree to purchase and use the Scooter at my own risk.
ASSUMPTION OF RISK
By purchasing, using or allowing the use of Scooters, I expressly and voluntarily ASSUME THE RISK OF ALL OF THE ABOVE-MENTIONED RISKS, HAZARDS, DANGERS, AND ANY HARM, INJURY OR LOSS THAT MAY OCCUR TO ME OR MY PROPERTY as a result of my use of the Scooter WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF URBAN MACHINA, its employees or any other individual including, but not limited to, equipment malfunction from whatever cause.
RELEASE OF LIABILITY
I hereby RELEASE Urban Machina, its affiliates, and their employees, officers, directors, shareholders and owners (the “Released Parties”) from all liabilities, causes of action, claims and demands that arise in any way from my purchase and use of the Scooter. This RELEASE includes, without limitation, any claims based on negligence, defects in the design, manufacture, adjustment, maintenance or inspection of Scooters and related equipment, failure to provide proper instruction, technical direction or safety equipment.
I agree to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined under “Release of Liability”) against any and all claims made third parties for which liabilities have been released in accordance with this Disclaimer.
I also agree to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims arising from my own negligence and my use of the Scooter.
I will reimburse the Released Parties for any damages, reasonable settlements, defense costs (including legal fees) that the Released Parties may incur because of any such claims made against them.
I acknowledge and agree that in the event of my death or disability, the terms of this Disclaimer including my indemnification obligation will be binding on my estate, and my personal representatives, executors, administrators or guardians will be obligated to respect and abide by them.
REPRESENTATIONS & AGREEMENT REGARDING USE
I agree and acknowledge as follows:
- I am solely responsible for my health and safety
- I have the experience, skills and ability necessary to ride a Scooter
- I am in good physical health
- I am responsible for knowing how to properly ride and operate the Scooter and for seeking necessary instructions if I need it.
- If the Scooter has been damaged in shipment, I will not use the Scooter and I will immediately return the Scooter to Urban Machina for a replacement.
- Scooter is an electric product that requires periodic charging of its batteries. I agree to use and ride the Scooter safely and prudently in light of the electric nature of Scooters.
- I will inspect the Scooter before each use to ensure that it is properly functioning and not damaged.
- If I believe the Scooter is not functioning properly or is otherwise damaged, I will stop using it immediately and arrange to have it inspected, repaired and/or adjusted as necessary.
- Modification of Scooters through use or misuse can lead to malfunction causing serious risk. I will be solely responsible for any modifications I perform on my or anyone else’ I understand that Urban Machina is not obligated to accept any modified Scooters for return, repair or replacement.
- I will abide by all laws, bylaws, rules, ordinances and regulations applicable in my place of residence when using the Scooter. I will not operate or use the Scooter in any location or in any manner that is prohibited, illegal, and/or a nuisance to others.
- I am responsible for any traffic violations and related citations, fines or impound charges that may result from or in connection with my use of the Scooter.
- I will wear proper protective gear when riding the Scooter.
- If I am the parent or legal guardian of a minor seeking to purchase the Scooter for a minor, I will ensure that the minor has adequate supervision each and every time the minor rides the Scooter.
I agree that if any portion of this Disclaimer is found to be invalid or unenforceable, then the invalid or unenforceable will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Disclaimer will remain in full force and effect.
I agree that my order from Urban Machina of Scooters and this Disclaimer are governed by the las of the Province of British Columbia, Canada. I agree and consent to the exclusive jurisdiction and venue of British Columbian courts, in all disputes arising out of or relating to the use of Scooters. Use of Scooters is unauthorized in any jurisdiction that does not give effect to all provisions of the terms and conditions set out in this Disclaimer, including, without limitation, this paragraph.
MODIFICATION OF TERMS AND CONDITIONS
I agree and acknowledge that Urban Machina reserves the right to change the terms, conditions, and notices under which Scooters are offered.
I HEREBY CERTIFY, I have fully informed myself of the contents of this Disclaimer by reading it before indicating my agreement by checking off the boxes throughout this Disclaimer.
I HEREBY CERTIFY, by clicking below, that I am of legal age or that I am the parent or legal guardian of the identified minor. I have read this agreement and fully understand the contents herein. By checking off the boxes throughout this Disclaimer and clicking below, I agree to all the terms and conditions of this Disclaimer.