1/27/24, 5:28 PM Privacy Policy – Kruuz
Privacy
Policy
TERMS AND
CONDITIONS
These Terms and Conditions (“Terms“)
constitute a legally binding agreement between you and Kruuz Power LLC, d/b/a
Kruuz (“Kruuz” or “we“) that governs your access to and use of
any and all products and services that Kruuz and its subsidiaries and
affiliates provide, including, without limitation, (i) the Kruuz website
located at https://www.kruuz.co/ (the “Site“), (ii) the Kruuz mobile
application (“App“), (iii) any vehicle or other transportation device
provided by Kruuz, including but not limited to, bicy-cles, electric bicycles,
electric kick scooters, and any other transportation device provided by Kruuz
(collectively, “Kruuz Scooters”), (iv) any other equipment, product or
services that relate to or concern the rental or use of kruuz scooters, and (v)
any other features and/or services offered by Kruuz ((i) through (v),
collectively, the “Services“). Your access to, and use of, the Services
is expressly conditioned on your agreement to these Terms. Any references to
“you” or “your” in these Terms will mean the person using the Services in any
manner, and each of your heirs, assigns, or successors.
SECTION 12 (ARBITRATION AGREEMENT) OF THESE
TERMS CONTAINS AN ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER, WHICH MEANS
THAT YOU AND KRUUZ AGREE TO SUBMIT ANY DISPUTE TO BINDING ARBITRATION RATHER
THAN PROCEEDING IN COURT, WITH THE EXCEPTION OF CERTAIN SPECIFIED INTELLECTUAL
PROPERTY CLAIMS AND SMALL CLAIMS NOTED BELOW. UNLESS YOU OPT OUT OF THE
ARBITRATION AGREEMENT, YOU WILL BE PERMITTED TO PURSUE CLAIMS OR SEEK RELIEF
AGAINST KRUUZ ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER
IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
IN ADDITION, THIS AGREEMENT CONTAINS
DISCLAIMERS, ASSUMPTION-OF-RISK PROVISIONS, AND A RELEASE OF LIABILITY (THE
“RELEASE OF LIABILITY”), SECTION 2 OF THESE TERMS.
THIS IS A LEGALLY
BINDING AGREEMENT BETWEEN YOU AND KRUUZ. BY ACCESSING OR USING THE SERVICES:
You acknowledge that you’ve read, understood,
and accept these Terms and any additional documents or policies referred to in
or incorporated into these Terms (including, without limitation, the Privacy
Policy (as defined below) and the Release of Liability);
If these Terms have changed since you last
accessed or used the Services, you acknowledge and agree that your continued
access or use of the Services constitutes your acceptance of the changed Terms;
You represent and warrant that you are at least
eighteen (18) years of age, and, as applicable, at least the age of majority in
your jurisdiction or province of residence, and have the right, authority, and
capacity to enter into these Terms; and
You consent to receive communications from us
electronically, and you agree that such electronic communications, notices, and
postings satisfy any legal requirements that such communications be in writing
These Terms refer to our Privacy Policy,
hereby incorporated by reference, which also applies to your use of the
Services and which sets out the terms on which we process any personal data we
collect from you, or that you provide to us. In the event that you are required
to agree to an additional governing agreement, including without limitation a
terms of use, end user license agreement, privacy policy, contest, sweepstakes
or promotion terms (collectively, “Other Governing Agreement”), in order to
use, access and/or download a particular product or service, the Other
Governing Agreement will govern to the extent there is a conflict between these
Terms and the Other Governing Agreement (but all other provisions in these
Terms that are not in conflict will apply).
Please read these Terms carefully, as they may
have changed. Though your
access and use of the Services is governed by the Terms effective at the time,
please note that, except for Section 12, providing for binding arbitration and
a waiver of class action rights, where applicable, Kruuz reserves the right at
its sole discretion to modify or replace the Terms at any time. If you have
provided us your email through the Services, we will notify you of material
changes as required by applicable law.
If you do not agree to these Terms, the Privacy
Policy, or the Release of Liability, you must immediately cease using the
Services.
1. YOUR USE OF
THE KRUUZ SCOOTERS AND OTHER SERVICES
1.1. You are the sole operator of the Services. You and Kruuz are the only parties to these
Terms and you are therefore the only authorized operator of a Kruuz Scooter
that you rent, including through your account or, as applicable, a third party
service or that enables you to access or rent Kruuz Scooters (“Third-Party
Provider”). You represent, warrant, and covenant that you will not permit
another person, either alone, or together with you, to use any Kruuz Scooter
rented by you or through your account, or any Services obtained by you or
through your account. Without limiting the foregoing, you alone are responsible
for complying with these Terms and for any breach of these Terms and any damage
and/or liability arising from your operation of any Kruuz Scooter or any third
party’s use of any Kruuz Scooter rented by you, including through your account
or, as applicable, a Third-Party Provider.
1.2. You are the age of majority. You represent and warrant that you are at least
eighteen (18) years of age, and at least the age of majority in your
jurisdiction or province of residence.
1.3. You will inspect the Kruuz Scooter before
operating it. You represent,
warrant and covenant that, before each use of a Kruuz Scooter, you will conduct
a basic safety inspection of such Kruuz Scooter, which includes inspecting:
safe operation of brakes and lights; proper direction of wheels; condition of
the frame; sufficient battery charge; and any signs of damage, disrepair,
un-usual or excessive wear, or other signs of mechanical and/or maintenance
needs (each, a “Safety Issue “). You shall immedi-ately notify Kruuz if
you identify a Safety Issue and are prohibited from riding any Kruuz Scooter on
which there is a Safety Issue.
1.4. You are a competent user. You represent and warrant that you are familiar
with the operation of the Kruuz Scooters, are physically fit to use a Kruuz
Scooter, and do not have any health problems or medical conditions that would
make using a Kruuz Scooter unsafe in any way.
1.5. You will not engage in distracted operation
of the Kruuz Scooter. You represent,
warrant, and covenant that, for the duration of your operation of a Kruuz
Scooter, you will not use any cellular telephone, text messaging device,
portable music player, or any other device that may distract you from operating
the Kruuz Scooter safely, including the use of hands-free technology.
1.6. You will not use the Kruuz Scooter when
hazardous conditions are present. You
represent, warrant, and covenant that you will not use a Kruuz Scooter when
environmental conditions (i.e. weather, road surface, congestion, etc.) are
unsafe, on any un-paved roads, through water, through uneven terrain
(including, without limitation, on mountains), through unsafe traffic
condi-tions, on highways or freeways, or in any location where use of a Kruuz
Scooter is prohibited, illegal, and/or is a nuisance. You ac-knowledge and
agree that Kruuz does not provide or maintain places at or on which to ride
Kruuz Scooters and that Kruuz makes no representation, warranty, covenant, or
guarantee with respect to the conditions of any road, sidewalk, vehicle lane,
vehicle route, or other thruway you may access in connection with your use of a
Kruuz Scooter.
1.7. You will not use the Kruuz Scooter if your
ability to use it is impaired. You
represent, warrant, and covenant that you will not ride a Kruuz Scooter while
under the influence of drugs, alcohol, medication, and/or any other substance
that may impair your ability to ride the Kruuz Scooter.
1.8. You
will not race the Kruuz Scooter, perform stunts with the Kruuz Scooter, use the
Kruuz Scooter to propel or tow any ve-hicle, trailer, or other object. You represent, warrant, and covenant that you
will not race the Kruuz Scooter, perform stunts with the Kruuz Scooter, or use
the Kruuz Scooter to propel or tow any vehicle, trailer, or other object.
1.9. You will not place anything on the Kruuz
Scooter or use the Kruuz Scooter while holding anything that impedes your
abil-ity to safely use it. You
represent, warrant, and covenant that you will not place any objects on the
Kruuz Scooter or use the Kruuz Scooter while holding any object that impedes
your ability to safely use it. These objects include, without limitation,
back-packs, bags, briefcases, and/or any other item that can alter the balance
of the Kruuz Scooter or otherwise impede your ability to safely ride it. YOU
MUST NOT EXCEED THE WEIGHT LIMIT OF THE KRUUZ SCOOTER (220 POUNDS UNLESS
OTHERWISE INDICATED).
1.10. You will wear proper equipment, including
a helmet, while using the Kruuz Scooter. You
represent, warrant, and covenant that, at all times while using a Kruuz
Scooter, you will wear appropriate equipment, including, without limitation,
suitable footwear (e.g., tied sneakers, no sandals) and a helmet that is
properly fitted and fastened in accordance with the manufacturer’s instructions
and meets CPSC, Snell, or ASTM, or CE helmet standards or a comparable standard
(a “Helmet“)
(information about some of these standards can
be found here). Notwithstanding the foregoing, Kruuz does not
make any rep-resentation, warranty, covenant, or guarantee with respect to the
safety, quality, or other characteristics of any Helmet.
1.11. You
will not use the Kruuz Scooter for commercial purposes. You represent, warrant, and covenant that you
will not use the Kruuz Scooter for any commercial purposes, including, without
limitation, for hire, reward, rideshare, food delivery, or advertising
services.
1.12. You will not tamper with, alter, or
vandalize the Kruuz Scooter. You
represent, warrant, and covenant that you will not tam-per with, alter in any
way, or vandalize the Kruuz Scooter.
1.13. You will use the Kruuz Scooter in
compliance with all applicable laws, rules, regulations, and ordinances. You represent, warrant, and covenant that you
will only use the Kruuz Scooter in compliance with all applicable laws, rules,
regulations, and or-dinances. It is your sole responsibility to be familiar
with the applicable laws, rules, regulations, and ordinances of the
jurisdiction in which you are using the Kruuz Scooter.
1.14. You will park the Kruuz Scooter in
accordance with our instructions and in compliance with all applicable laws,
rules, regulations, and ordinances. You
represent, warrant, and covenant that you will park the Kruuz Scooter in lawful
parking spots in an upright position and will not park the Kruuz Scooter on
unauthorized private property, in a locked area, in heavily trafficked areas,
or in any other unapproved space. Without limiting the foregoing, you
represent, warrant, and covenant that you will re-turn the Kruuz Scooter to the
proper parking area in clean and working condition after your use. You will not
use any locking mechanism to lock the Kruuz Scooter other than one provided by
Kruuz unless otherwise directed by Kruuz.
1.15. You
will use the Kruuz Scooter in accordance with the “rules of the road.” You represent, warrant, and covenant and that
you will obey all street signs, signals, rights-of-way, and markings, that you
will use the Kruuz Scooter with courtesy and respect towards third parties,
including, but not limited to pedestrians and other vehicles, and that you will
not block sidewalks, access ramps, bus stops, or landscaped areas.
1.16. You will return the Kruuz Scooter in the
condition in which you rented it. You
represent, warrant, and covenant that you will return the Kruuz Scooter in the
condition in which you rented it, except for any ordinary wear and tear.
1.17. You must report any accident, crash,
damage, personal injury, traffic violation, or stolen or lost Kruuz Scooter as
soon as possible. If a crash
involves personal injury, property damage, or a stolen Kruuz Scooter, you shall
file a report with the local po-lice department within 24 hours. You agree that
you are 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 dis-bursements of any kind or
nature whatsoever related to a stolen or lost Kruuz Scooter.
1.18. THE FOREGOING LIST IS NOT INTENDED TO BE
EXHAUSTIVE AND ANY UNREASONABLE OR INAPPROPRIATE USE OF A KRUUZ SCOOTER, AS
DETERMINED BY KRUUZ IN ITS SOLE DISCRETION, OR ANY VIOLATION OF APPLICABLE
LAWS, RULES, REGULATIONS, AND/OR ORDINANCES WILL BE DEEMED TO BE A VIOLATION OF
THESE TERMS. WITHOUT LIMITING THE FOREGOING, THE FOREGOING REPRESENTATIONS,
WARRANTIES, AND COVENANTS ARE CUMULATIVE TO EACH OTHER AND NOT EXCLUSIVE OF
EACH OTHER, AND NO REPRESENTATION, WARRANTY, OR COVENANT IN THIS SECTION 1 WILL
LIMIT ANY OTHER REPRESENTATION, WARRANTY, OR COVENANT IN THIS SECTION 1 OR
THESE TERMS. You acknowledge
and agree that Kruuz does not control, and has no right to con-trol, you or
other third parties with whom you may come into contact while using the Kruuz
Services, including, without limitation, pedestrians, bikers, other users of
Kruuz Scooters, or other vehicles.
1.19. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE
AND LIABLE FOR ANY MISUSE, CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION,
LOSSES, LIABILITIES, DAMAGES, INJURIES, HARM, FEES, COSTS AND EXPENSES,
PENALTIES, ATTORNEYS’ OR LEGAL 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.
2. RELEASE OF
LIABILITY
AS A CONDITION OF USING THE SERVICES (INCLUDING,
FOR CLARITY AND WITHOUT LIMITATION, ANY KRUUZ SCOOTER) YOU HEREBY ACCEPT AND
AGREE TO THIS “RELEASE OF LIABILITY,” including any defined terms therein.
You acknowledge that use of Kruuz’s vehicle or
other transportation device, including but not limited to, bicycles, electric
bicy-cles, electric kick scooters (collectively “Kruuz Scooters”), as
well as any other equipment, product or services that relate to or concern the
rental or use of a Kruuz Scooter is an inherently dangerous recreational
activity that involves both obvious and non-obvious risks of physical harm, including the
risk of death to you and others, as well as damage to property, and that these
types of risks can be unforeseeable and sometimes cannot be avoided. To the
fullest extent permissible by applicable law, you, on be-half of yourself, your
family, your heirs, your agents, your affiliates, your representatives, your
successors, your guardians and your assigns (collectively the “Releasing
Parties”), agree to indemnify, hold harmless, and forever release and discharge
the Released Persons (as defined below) from any and all injuries, demands,
losses, damages, costs, loss of service, expenses, compensation, claims, suits,
causes of action, obligations, rights, and liabilities of any nature, type, or
description, whether arising in tort (including negligence), contract, strict
liability, or any other legal theory, whether known or unknown, contingent or
vested, in law or in equity, whether or not we have been advised of the
possibility of such damage, including but not limited to, property loss or
damage, personal injury or loss of life, regardless of legal theory, that: (a)
relate to, are based on, concern, or arise out of these Terms, your use of a
Kruuz Scooter, the Services, the Site, the App, and/or any of the equipment
that Kruuz provides to You (collectively the “Released Claims”). “Released
Persons” as used herein means (i) Kruuz Power LLC, d/b/a Kruuz (“Kruuz”) (ii)
subsidiaries and affiliates of Kruuz, and (iii) to the fullest extent
permitted by law, any (x) governmental entity (including, without limitation,
any state, commonwealth, city, town, township, charter township, special
district, village, borough, other municipal corporations, and unincorporated
communities or jurisdictions) and (y) educational institution (including,
without limitation, public and private universities and colleges, high schools,
secondary schools, and primary schools) (each of (x) and (y), a “Municipality”)
with which Kruuz has contracted or at which Kruuz is providing Services, and
each of Kruuz’s and Municipality’s respective current and former parents,
subsidiaries, divisions, and current and former affiliated individuals and entities,
legal successors, predecessors (including companies they have acquired,
purchased, or absorbed), assigns, joint venturers, and each and all of their
respective officers, investors, partners, directors, elected officials, servants,
agents, shareholders, members, managers, principals, investment advisors,
consultants, employees, representatives, legal counsel, accountants, lenders,
under-writers, and insurers. This Release is intended to be a general and
complete release of all Claims and all Released Persons may plead the existence
of this Release as a full and complete defense to any Claim.
You hereby acknowledge that you have been
advised of and fully understand the provisions of California Civil Code Section
1542 which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR OR RELEASING PARTY DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR
AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED
PARTY.” Having been so ad-vised,
Releasing Party nevertheless elects to and does assume all risks for Released
Claims known or unknown, suspected or un-suspected, heretofore arising from the
use of Kruuz Scooters, equipment and anything relating to such use, and
specifically waives any rights it may have under Section 1542, as well as under
any other statute or common-law principle in any jurisdiction with a similar
effect.
YOU ACKNOWLEDGE THAT YOU ENTER INTO THIS RELEASE
FREELY, KNOWINGLY, AND VOLUNTARILY, AND THAT YOU INTEND IT TO BE A COMPLETE AND
UNCONDITIONAL RELEASE AND WAIVER OF ALL CLAIMS ARISING OUT OF OR IN ANY WAY
RELATED TO YOUR USE OF THE SERVICES.
3. CREATION OF
ACCOUNTS; COMMUNICATIONS WITH YOU
3.1. Creating an Account. In order to access and/or use the Services, we
may require you to create an account on the Services or log in using existing
third-party (e.g., Apple, Google) credentials. When registering, you may be
required to provide Kruuz with certain personal information, which may include
your name, birth date, mobile phone number (your “Number“), email
address, and a valid debit or credit card number (a “Card “). This
information will be treated in accordance with the Privacy Policy. If
applicable, you may have to provide information to or create an account with a
Third-Party Provider.
3.2. Accuracy. You represent, warrant, and covenant to Kruuz
that all information that you provide about yourself as requested by Kruuz or a
Third-Party Provider (before, during, and after the account creation process),
including, without limitation, your Number and your Card, is, and will remain
during your use of the Services, true, accurate, current, and complete, and
that you are authorized to provide all such information and use your Card. You
are also solely responsible for all activity that occurs on your account, and
you agree to notify Kruuz immediately of any suspected unauthorized use to your
account. To the maximum extent allowed by law, Kruuz is not liable for any
losses by any party caused by unauthorized use of your account.
3.3. Confidentiality. You are solely responsible for maintaining the
confidentiality of your log-in credentials in order to use the Services and are
fully responsible for all activities that occur through the use of your
credentials. You agree to notify Kruuz im-mediately of any unauthorized use of
your log-in credentials or any other breach of security with respect to your
account. Kruuz will not be liable for any loss or damage arising from
unauthorized use of your credentials regardless of whether you have notified
Kruuz of such unauthorized use or loss of your credentials. If you have reason
to believe that your account is no longer se-cure, you must immediately notify
us. You understand and agree that we may require you to provide information
that may be used to confirm your identity and help ensure the security of your
account.
3.4. Restrictions. You may not impersonate someone else to create
an account, create or use an account for anyone other than yourself, permit
anyone else to use your account, or provide personal information for purposes
of account registration other than your own. You may not permit another
person to use any Kruuz Scooter or other Services using your account
credentials, regardless of whether that person is a user of the Services
themselves, and to permit such use is a material breach of this Agreement.
Without limiting the foregoing, you are responsible for all use of the Services
in connection with your account and/or your rental of a Kruuz Scooter,
including, without limitation, death, personal injury, and injury to property,
that results from a Kruuz Scooter that you have rented, that has been used with
your account credentials, or that was accessed by you through a Third-Party
Provider.
3.5. Termination. We have the right to disable, suspend, or close
your account if your account is delinquent, if your Card is no longer valid, or
at any other time, for any other reason or for no reason, in our sole
discretion, without notice. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY
OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES IN ACCORDANCE
WITH THESE TERMS. If we terminate your account, you must immediately
return any Kruuz Scooter, or other property of Kruuz that you have in your
possession. You will be charged for the value of any property of Kruuz that
you fail to return as well as all costs (in-cluding attorneys’ fees and costs)
that Kruuz incurs in attempting to recover its property from you.
4. FEES AND
RESPONSIBILITY FOR COSTS
4.1. Fees. You must pay to Kruuz, or, as applicable, the Third-Party Provider, all
charges and fees in connection with your use of the Services, which may vary
based on the Services you have selected and may include, without limitation,
rental charges, ap-plication fees, service fees and/or other charges set forth
in these Terms (“Fees“). Kruuz’s fee schedule is set forth through the
App. The fee schedule is incorporated herein by this reference, and you agree
to pay the published fees and charges. Kruuz may alter, amend or make changes
to the fee schedule at any time and may provide notice of such changes in the
App. You must pay all Fees when due. You authorize us to charge the Card or
other payment method provided for all Fees incurred by you with respect to
Services (or other services offered by us), including applicable sales, use,
VAT/GST/PST and other local government charges. If you dispute any Fees, you
must submit any such disputes in writing to Kruuz within thirty (30) days of
Kruuz charging the Fees. Where permitted by applicable law, failure to submit
such dispute within the thirty (30) day deadline will mean that you waive the
dispute and the charge for such Fees will be final, non-refundable, and
non-challengeable.
4.2. Method of Payment, Stored Balance, and
Auto-Reload. You hereby authorize
Kruuz to charge your Card or other payment method via the App or via another
authorized third-party payment processor (e.g., PayPal, Stripe, Square, or
others). We may seek pre-authorization of your Card or other payment method up
to the maximum amount for a single ride prior to charging Fees in order to
verify its validity or the existence of sufficient funds in the account tied to
such Card and/or credit on the Card. You must provide accurate, current, and
complete information when adding a Card or other payment method and it is your
obligation to keep such information up-to-date at all times. You must notify us
if your Card or other payment method expires or is no longer valid and must
replace it with a valid Card or other payment method. You represent and warrant
that you are authorized to use any Card or other payment method you furnish to
us.
We may offer a service where you are given the
option to store funds with us for use of our Services (“Stored Balance”).
All amounts added to your Stored Balance are denominated in the currency of the
country in which it was sold. You may only use the Stored Balance in the
currency in which it was sold, unless otherwise indicated in the App.
You authorize us and/or our third-party payment
providers to store information about your Card or other payment method for the
purpose of charging you Fees for use of the Services and facilitating
Auto-Reload. If we are unable to charge you a Fee or facilitate Auto-Reload
with the payment method you previously selected, you authorize us to charge the
Fee or add funds to your Stored Balance by charging another payment method
associated with your account. If your payment details change, your card provider
may provide us with updated card details. We may use these new details in order
to help prevent any interruption to your use of the Services. If you would like
to use a different payment method or if there is a change in payment method,
please visit your account settings to update your billing information.
4.3. Returns and Lost/Stolen Scooters. You are responsible for properly Returning the
Kruuz Scooter in order to end your ride. If you fail to Return a Kruuz Scooter
to a valid area, Kruuz may, in its sole discretion, charge you an additional
pick-up fee up to $100. If any Kruuz Scooter rented by you or accessed under
your account with Kruuz or a Third-Party Provider is abandoned with-out notice,
you will be responsible for all trip fees until the Kruuz Scooter is recovered
and deactivated, plus a service charge to recover the Kruuz Scooter. Fees are
subject to change. This does not apply if you were unable to return the Kruuz
Scooter without any fault on your own.
Upon Returning the Kruuz Scooter within the
permitted 24-hour timeframe, you will be charged the lesser of (a) the
accumu-lated Fees in such 24-hour time period and (b) $200 per calendar day,
which is the maximum daily Fee we will charge for a cal-endar day. If you fail
to Return a Kruuz Scooter within 48 hours of the time at which you unlocked or
otherwise began renting such Kruuz
Scooter, we will consider that Kruuz Scooter lost or stolen and we may charge
you a Fee of up to $2,000 for each Kruuz Scooter, and a police report may be
filed. Kruuz may also charge a service Fee of $25 for rentals in excess of 24
hours where the Kruuz Scooter is not lost or stolen.
A Kruuz Scooter may also be deemed lost or
stolen if: (1) the Kruuz Scooter’s GPS unit is disabled; (2) the Kruuz Scooter
is parked in on unauthorized private property, in a locked area, or in any
other non-public space for more than ten minutes after a ride ends; (3) the
Kruuz Scooter moves more than thirty feet after a rental has ended and Kruuz
believes such movement was not caused by another user or authorized third
party; or (4) other facts and circumstances that suggest to Kruuz in its
reasonable, good faith determination that a Kruuz Scooter has been lost or
stolen.
Kruuz and you agree that the last user who
rented a Kruuz Scooter shall be responsible for a lost or stolen Kruuz Scooter
unless facts and circumstances suggest otherwise to Kruuz in its reasonable,
good faith determination. If Kruuz deems a Kruuz Scooter lost or stolen, Kruuz
shall have the authority to take any and all actions it deems appropriate (with
respect to the last user who rented a Kruuz Scooter or otherwise), including
(without limitation) obtaining restitution and other appropriate compensation
and damages and filing a police report with local authorities. You agree the
data generated by Kruuz’s computers and systems is conclusive evidence of the
period of use of a user of a Kruuz Scooter.
4.4. Fines.
4.4.1 You
are fully responsible and liable for any Fees that are charged to you by us or
a third party (including any Third-Party Provider) in connection with your use
of a Kruuz Scooter or use of a Kruuz Scooter under your account credentials,
including, but not limited to, traffic violations, late payments, fines,
penalties, impounding charges, court costs, and/or any other Fees based on
improper parking or a result of your violation of any law, rule, regulation,
and/or ordinance when using a Kruuz Scooter.
4.4.2 After
providing you with reasonable notice and an opportunity to object, you agree
that Kruuz may, in its sole discretion, pay any ticket, citation, fine, and/or
penalty on your behalf directly to the appropriate authority and bill such
payment as a Fee to your account, and you will pay us for such Fees plus a
reasonable administrative Fee. In the event we use a third-party
collec-tion and/or administrative agent to resolve any such tickets, citations,
fines and/or penalties, you must pay all costs and collec-tion charges
including, without limitation, administrative and legal costs to such agent
upon demand without protest.
4.5. Damages. You are fully liable for all
damages, losses, claims, consequences, demands, causes of action, injuries,
costs, and liability in connection with your use of a Kruuz Scooter or use of a
Kruuz Scooter rented by you or used under your ac-count credentials or your
credentials with a Third-Party Provider, including, without limitation, (i)
physical or mechanical damage, (ii) loss due to theft, (iii) physical damage
resulting from vandalism, (iv) bodily injury to you or a third party, (v) third
party claims, (vi) actual charges for towing, storage and/or impound fees paid
by Kruuz, and (vii) administrative charges, including the cost of appraisal and
other costs and expenses incident to the damage or loss. YOUR INSURANCE
POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING OR DAMAGE TO A KRUUZ
SCOOTER. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR
INSURANCE COMPANY OR AGENT.
5. LIMITATIONS
5.1. Limitations on Services. Kruuz reserves the right to limit in its sole
discretion the provision of the Services to any person, geo-graphic region or
jurisdiction. There may be times when we need to disable the Site and/or other
Services either temporarily or permanently. The Services may be modified,
updated, interrupted, suspended, or discontinued at any time without notice or
lia-bility to you. Also, from time to time, we may restrict access to some
parts of the Site and/or Services, or the entire Site and/or Services, to
users, including registered users. Without limiting the foregoing, you
acknowledge and agree that Kruuz makes no representation, warranty,
covenant, or guarantee that the Services (including, for clarity and without
limitation, the Kruuz Scooters) will be available to you at all or any times,
and you further acknowledge and agree that Kruuz may, in its sole dis-cretion,
without notice or liability to you, terminate your right to use the Services
(including, for clarity and without limitation, the Kruuz Scooters).
5.2. Electric Vehicle. The Kruuz Scooter is an electric vehicle that
requires periodic charging. You represent and warrant that you have read and
understand that: (i) it is your responsibility to check the level of charge
power in the Kruuz Scooter and to ensure it is adequate before initiating using
the Kruuz Scooter; (ii) the level of charge power in the Kruuz Scooter at the
time you initiate a rental or use of the Kruuz Scooter is not guaranteed and
will vary with each use; (iii) the level of charge power in the Kruuz Scooter
will decrease as you continue to use it, the rate at which it will decrease
will vary, and as it decreases, the speed and/or other operational capabilities
will decrease or cease in their entirety; (iv) the distance and/or time that
you may use the Kruuz Scooter before it loses charge power is never guaranteed;
and (v) the Kruuz Scooter may run out of charge power and cease to operate at
any time during your use of the Kruuz Scooter, regardless of whether you have
reached your desired destination. You are prohibited from charging a Kruuz Scooter,
unless otherwise directed by Kruuz. By choosing to charge a Kruuz Scooter, you
assume full and complete responsibility for all related risks, dangers, and
hazards, and agree that Kruuz and all other Released Persons (defined below in
Section 6) are not responsible for any injury, damage, or cost caused by you
with respect to any per-son or property, including the Kruuz Scooter itself,
directly or indirectly related to the charging of the Kruuz Scooter.
5.3. Obtaining Equipment/App Updates and
Upgrades. In order to access the
Services, you must have access to a compatible internet browser, computer
and/or mobile device, software, and internet connections or service plans.
Without limiting the fore-going, you are required to reserve Kruuz Scooters
through the App or, if applicable, a Third-Party Provider and therefore must
have a mobile device that is compatible with the App, Third-Party Provider and
the Kruuz Scooters. Kruuz may require obtaining updates or upgrades from time
to time. You acknowledge and agree that Kruuz may change system requirements
from time to time and that meeting those requirements is your responsibility.
We cannot and do not make any representations or warranties with respect to the
devices or internet connections you use to access or use the Services,
including with respect to device compatibility.
You acknowledge that Kruuz may from time-to-time
issue updated or upgraded versions of the App and may (subject to your device
settings) automatically electronically update or upgrade the version of the App
that you are then currently using on your mobile device. You consent to receive
updates or upgrades to the App automatically without providing further consent
each time. The App (including any updates or upgrades) may: (i) cause your
device to automatically communicate with our servers to deliver the functionality
described in the App description or through new features as they are
introduced, and to record usage metrics; (ii) affect preferences or data stored
on your device; and (iii) collect personal information as set out in our
Privacy Policy. We are not responsible if an update or upgrade affects how the
App works if this is caused by your own equipment or de-vice not supporting the
update or upgrade. You can withdraw consent at any time by uninstalling the app
or by changing the app update settings in your device.
5.4. Feature
Availability / Features Subject to Change. The availability of the Services and the features and services included
in it is subject to change with or without notice to you. Not all features or
services included in the Services are available in all mar-kets and
functionality of the Services may be limited, including, without limitation,
due to vehicle capability or compatibility, mo-bile device or network coverage.
5.5. Usage
and Data Fees. Your internet
service provider or mobile carrier may charge you access, software or data fees
for any network use or data transmission by the Services. Contact your
internet service provider or mobile carrier for more information regarding
usage rates and fees.
5.6. Third Party Sites. As is typical online, the Site and/or Services
may contain hyperlinks to other sites. If there are other web-sites and
resources linked to on this Site and/or Services, either by Kruuz or by you,
these links are provided only for the conve-nience of Kruuz’s users. We have no
control over the contents of those websites or resources, and therefore cannot
accept re-sponsibility for them or for any loss or damage that may arise from
your use of them. If you decide to access any of the third-party websites
linked to the Site and/or Services, you do so entirely at your own risk and
subject to the user terms and conditions of use and privacy policies for such
websites.
5.7. Common Carrier Limitation. You agree that
Kruuz is not a common carrier. Alternative means of public and private
transportation are available to the general public and to you individually. We
provide Kruuz Scooters only as a convenience.
6. DISCLAIMERS
THE SERVICES ARE PROVIDED ON “AS-IS” AND “AS
AVAILABLE” BASIS AND YOU USE THEM SOLELY AT YOUR OWN RISK. KRUUZ DOES NOT
REPRESENT OR WARRANT THE FUNCTIONALITY OF ANY OF THE SERVICES OR THAT ANY KRUUZ
SCOOTER OR ANYTHING RELATING TO YOUR USE OF A KRUUZ SCOOTER OR THE SERVICES
WILL BE IN GOOD REPAIR OR ERROR-FREE OR FREE FROM DELAYS, DEFECTS, OMISSIONS,
INTERRUPTIONS OR INACCURACIES. ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS,
WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY KRUUZ AND THE
RELEASED PERSONS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THEREFORE,
WITHOUT LIMITING THE RELEASE OF LIABILITY:
to the fullest extent permissible by law, Kruuz
and the Released Persons (as defined below) hereby disclaim and make no
representations, warranties, endorsements, or promises, express or implied, as
to: (I) the Services (including User Content, as defined below); (II) the
functions, features, or any other elements on, or made accessible through, the Services; (III) any instructions offered or
referenced at or linked through the Services; (IV) security associated with the
transmission of Your User Submissions transmitted to KRUUZ via the Services;
(V) whether the Services or the servers that make the Services available are
free from any harmful components (including viruses, Trojan horses, and other
technologies that could adversely impact Your Device(s)); (VI) whether the
information (including any instructions) on the Services is accurate, complete,
correct, adequate, useful, timely, or reliable; (VII) whether any defects to or
errors on the Services will be repaired or corrected; (VIII) whether Your
access to the Services will be uninterrupted; (IX) whether the Services will be
available at any particular time or location; and (X) whether Your use of the
Services is lawful in any particular jurisdiction;
THE SERVICES MAY BE SUBJECT TO LIMITATIONS,
DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.
KRUUZ AND THE RELEASED PERSONS ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY
FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
IN NO EVENT SHALL KRUUZ OR THE RELEASED PERSONS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY
OTHER DAMAGES OF ANY KIND OR INJURIES ARISING FROM THE SERVICES AND/OR USE OF
ANY KRUUZ SCOOTER ACCESSORIES SUPPLIED BY KRUUZ (E.G. HELMET, LOCK). THE USER
IS RESPONSIBLE FOR THE SAFE USE OF SUCH ACCESSORIES AND MUST CHECK THEIR
CONDITION BEFORE EACH USE. IF ANY ACCESSORY IS FOUND NOT BE IN GOOD CONDITION
OR WORKING ORDER, USER SHOULD NOT USE SUCH ACCESSORY AND SHOULD PROMPTLY NOTIFY
KRUUZ AND REQUEST A REPLACEMENT; AND
YOU HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS
MAY OTHERWISE BE LIMITED BY LAW, NEITHER KRUUZ NOR ANY OTHER RELEASED PERSONS
ARE RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR
RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR
USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, (C) YOUR BREACH OF THESE
TERMS AND/OR YOUR VIOLATION OF ANY LAW, RULE, REGULATION, AND/OR ORDINANCE,
INCLUDING RIDING ON SIDEWALKS AND/OR PARKING, (D) ANY NEGLIGENCE, MISCONDUCT,
AND/OR OTHER ACTION AND/OR INACTION BY YOU, (E) YOUR FAILURE TO WEAR A SNELL-,
CPSC-, ANSI- OR ASTM-APPROVED HELMET THAT HAS BEEN PROPERLY SIZED, FITTED AND
FASTENED ACCORDING TO THE MANUFACTURER’S INSTRUCTIONS WHILE USING ANY PRODUCT,
AND/OR (F) ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION OR INACTION OF ANY
THIRD PARTY.
SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF
VARIOUS WARRANTIES, SO ONE OR MORE OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO
YOU. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR
JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE FULL
EXTENT PERMISSIBLE UNDER THOSE LAWS.
“Released Persons” as used herein means (i)
Kruuz Power LLC, d/b/a Kruuz (“Kruuz”), (ii) any subsidiaries or affiliates of
Kruuz, and (iii) to the fullest extent permitted by law, any (x) governmental
entity (including, without limitation, any state, common-wealth, city, town,
township, charter township, special district, village, borough, other municipal
corporations, and unincorpo-rated communities or jurisdictions) and (y)
educational institution (including, without limitation, public and private universities
and colleges, high schools, secondary schools, and primary schools) (each of
(x) and (y), a “Municipality”) with which Kruuz has contracted or at which
Kruuz is providing Services, and each of Kruuz’s and Municipality’s respective
current and former parents, subsidiaries, divisions, and current and former
affiliated individuals and entities, legal successors, predecessors (including
com-panies they have acquired, purchased, or absorbed), assigns, joint
venturers, and each and all of their respective officers, in-vestors, partners,
directors, elected officials, servants, agents, shareholders, members,
managers, principals, investment advi-sors, consultants, employees,
representatives, legal counsel, accountants, lenders, underwriters, and
insurers.
If you are a
California resident, you waive California Civil Code Section 1542 which
provides as follows: “A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING
PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
7. LIMITATION OF
LIABILITY
7.1 All Users Who
Have Used the Services Outside of the EEA and the United Kingdom.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM
EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE
OF THE SERVICES OR ANYTHING THAT RELATES TO OR CONCERNS YOUR USE OF A KRUUZ
SCOOTER OR THE SERVICES, REMAINS WITH YOU. NEITHER KRUUZ NOR ANY RELEASED
PERSONS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF
GOODWILL, SERVICE INTERRUPTION, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES,
OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING
OUT OF OR IN CONNECTION WITH (I) THESE TERMS; (II) THE USE OF OR INABILITY TO
USE THE SERVICES AND/OR ANYTHING THAT RELATES TO
OR CONCERNS YOUR USE OF A KRUUZ SCOOTER; (III) ANY COMMUNICATIONS, INTERACTIONS
OR MEETINGS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE,
INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF THE SERVICES; (IV) ANY AND ALL
USES OF THE SERVICES INCLUDING THE SITE, APP, PRODUCTS AND SERVICES (INCLUDING
THE KRUUZ SCOOTERS)
AND/OR (V) YOUR MISCONDUCT OR NEGLIGENT USE OF
THE SERVICES INCLUDING THE KRUUZ SCOOTERS, OR THE NEGLIGENCE OR MISCONDUCT OF A
THIRD PARTY WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KRUUZ HAS BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH
HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL KRUUZ’S AGGREGATE LIABILITY
ARISING OUT OF, RELATING TO YOUR RELATIONSHIP WITH KRUUZ, THESE TERMS, YOUR USE
OF THE SERVICES OR ANYTHING RELATING TO OR CONCERNING YOUR USE OF A KRUUZ
SCOOTER, EXCEED THE AMOUNTS YOU HAVE PAID TO KRUUZ IN THE TWELVE (12) MONTH
PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S.
DOLLARS (US$100), IF NO SUCH PAYMENT HAS BEEN MADE. THE LIMITATIONS OF DAMAGES
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KRUUZ
AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. THE LIMITATION OF LIABILITY
7.2 All Users Who
Reside in the EEA or the United Kingdom Who Have Used the Services in the EEA
or UK.
We will only be liable in accordance with the
statutory provisions for any damage caused intentionally or by gross negligence
of our representatives or us. Our liability for slight negligence shall be
limited to the amount of the foreseeable damages typical for this type of
contract and shall only apply in case of a breach of a material contractual
obligation. Material contractual obliga-tions shall be obligations the
fulfillment of which forms the basis for the proper performance of the
agreement and on which you may rely on a general basis.
These limitations of liability shall not apply
to the extent any guarantees have been given by us, in the event of culpably
caused damage to a person’s life, body or health or to claims under the Product
Liability Act.
8. INTELLECTUAL
PROPERTY
8.1. Ownership. We own proprietary rights of every kind and
nature however denominated throughout the world, registered or unregistered,
associated with the Services, such as (i) patents, (ii) patent applications,
(iii) copyrights, (iv) copyrightable works of expression, (v) trademarks,
service marks, slogans, trade names, and other identifiers (including, without
limitation, the Kruuz name, Kruuz logo, the Services name, and the Services
design (collectively, “Kruuz Marks“), (vi) text, images, photos, audio,
video, data, and communication that we create and/or make available in
connection with the Services (collectively, “Kruuz Content“); and
(vii) rights of publicity and privacy, moral rights, know-how, trade secrets,
software and database rights ((i) through (vii), collectively, “Kruuz IP
Rights“), any and all applications, registrations, renewals, or derivatives
in connection with the foregoing Kruuz IP Rights, all rights to obtain,
register, perfect and enforce these Kruuz IP Rights throughout the world, and
any and all actions and rights to sue at law or in equity for any past or
future infringement or other impairment of the foregoing Kruuz IP Rights.
8.2. Limited License. Except as expressly provided herein, we do not
grant any express or implied proprietary rights to Kruuz IP Rights. Subject to
your compliance with these Terms and any other terms communicated in connection
with specific Kruuz Content, we grant you a personal, non-exclusive,
non-transferable, limited right to access, view, use, display and listen to
Kruuz Content for your personal, non-commercial use only. Where permitted by
applicable law, you agree not to dispute our claims of ownership or validity of
our Kruuz IP Rights.
You have obtained a license to the Services and
your rights are subject to this license. Except as expressly licensed to you
herein, Kruuz and its licensors reserve all right, title and interest in the
Services and Kruuz IP Rights. This license is limited to the Kruuz IP Rights
and does not include any rights to other patents or intellectual property. All
rights not expressly granted herein are re-served by Kruuz.
This license is effective until terminated. Your
rights under this license will terminate immediately and automatically without
any notice from Kruuz if you fail to comply with any of provision of these
Terms or any Other Governing Agreement. Promptly upon termination, you must
cease all use of the Services and destroy all copies of the Services in your
possession or control. Termination will not limit any of Kruuz’s other rights
or remedies under these Terms, at law or in equity.
8.3. Restrictions. You may not, nor allow third parties to: (i) use
the Services or Kruuz Content for any fraudulent, unlawful, or abusive purpose,
or in any way that interferes with the proper functioning or others’ use of the
Services or Kruuz Content, or vio-lates any other person’s rights; (ii) use any
data mining, robots, or similar automated tools for data gathering, extraction,
or ac-cessing the Services or Kruuz Content, create a database, download or
store any Kruuz Content other than as licensed above, link or frame the Services or Kruuz Content,
extract or derive any source code or structure of any part of the Services or
Kruuz Content by reverse engineering, disassembly, decompilation or any other
means; (iii) abuse or do anything to damage our or our service providers’
business operations, services, reputation, employees or facilities; (iv) use
the Services or Kruuz Content ex-cept as expressly authorized by us; (v)
resell, copy, store, reproduce, distribute, modify, adapt, adopt, display,
publish, perform, transmit, broadcast, or create derivative works of the
Services or Kruuz Content or any software used on or for the Services or Kruuz
Content; (vi) modify, disassemble or tamper with any hardware that interfaces
with the Services or Kruuz Content; (vii) in-terfere with or disrupt the
Services or the servers or networks connected to the Services, including the
Site and the App; (viii) email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any Kruuz computer software or
hardware or telecommunications equipment;
(ix) forge headers or otherwise manipulate
identifiers in order to disguise the origin of any information transmitted to
or through the Services (either directly or indirectly through use of third
party software); (x) “frame” or “mirror” any part of the Services or Kruuz
Content; (xi) use meta tags or code or other devices containing any reference
to Kruuz, the Services (or any Kruuz Marks) to direct any person to any other
website for any purpose; (xii) post, use, transmit or distribute, directly or
indirectly, (e.g. screen scrape) in any manner or media any Kruuz Content other
than solely in connection with your use of the Services in accordance with this
Agreement; (xiii) undertake any activity or engage in any conduct that is
inconsistent with the business or purpose of the Services, or that is intended
to promote or has the effect of engaging in illegal activities, fraud, or that
is defamatory, libelous or otherwise objectionable; (xiv) directly or
indirectly promote racism, bigotry, hatred or physical harm of any kind against
any group or individual;(xv) directly or indirectly request money from, or
otherwise defraud, other users; (xvi) engage in any conduct that involves the
transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or
“spamming” (or “spimming”, “phish-ing”, “trolling” or similar activities) to
Kruuz or Kruuz users; (xvii) take video, audio, photographs, or images of
another Kruuz user without his or her permission (or in the case of a minor,
the minor’s legal guardian); (xviii) take any action that may undermine the
efficacy or accuracy of reviews or ratings systems maintained by Kruuz; (xix)
post instructional information about illegal ac-tivities including how to
damage Kruuz property or Kruuz Scooters or the property of other Kruuz users;
(xx) provide information or data you do not have a right to make available
under law or under contractual or fiduciary relationships (such as inside
infor-mation, proprietary and confidential information); (xxi) solicit
passwords or personal identifying information for commercial, fraudulent or
unlawful purposes from other users or disseminate another person’s personal
information without his or her per-mission; or (xxii) publicize or promote
commercial activities and/or sales such as contests, sweepstakes, barter,
advertising, and pyramid schemes, without our prior written consent or (xxiii)
harvest or otherwise collect or store any information (including per-sonally
information) about other users of Kruuz, including e-mail addresses, without
the express consent of such users.
8.4. User
Content. You may submit text, images, photos, audio,
video, data, and/or communication (collectively, “User
Content“) through
the Services. Please do not submit new or confidential ideas through the
Services. By providing User Content, you irrevocably (except to the extent you
exercise applicable rights under local data protection laws): grant to Kruuz a
world-wide, perpetual, transferable, sub-licensable, royalty-free,
non-exclusive and unrestricted license to copy, reproduce, adapt, transmit,
edit, modify, adapt, adopt, publicly display, distribute, translate and create
compilations and derivative works from, or otherwise use, any and all User
Content (in any format or media) that you post on, upload or otherwise submit
to or through, the Services. You also waive your moral rights to the User
Content, and hereby grant each user of the Kruuz a non-exclusive license to
access your User Content submitted to or through the Services. You grant this
license to Us for the purpose of providing the Services and only to the extent
necessary for that purpose. Our right to publicly display User Content ends
when you exercise applicable rights to remove User Content from the Services.
None of the User Content you post on, upload or otherwise submit to or through,
the Services (other than personal information) will be deemed confidential. The
Service may allow you to communi-cate with us through the App. Should you
choose to communicate with us, you consent to being contacted in the manner
requested.
You understand and acknowledge that you are
responsible for User Content, and you, not Kruuz, assume all risks associated
with User Content, including anyone’s reliance on its quality, accuracy,
reliability, appropriateness, or any disclosure by you of in-formation in User
Content that makes you or anyone else personally identifiable. You represent
and warrant that you own or have the necessary rights, consents, and
permissions to use and authorize the use of User Content as described herein.
You may not imply that User Content is in any way sponsored or endorsed by
Kruuz.
We are not responsible or liable to you or any
third-party for the content or accuracy of any User Content any other text,
images, photos, audio, video, data, and/or communication (“Third-Party
Content“). You understand that when using the Services, you will be
exposed to Third-Party Content from a variety of sources, and that Kruuz is not
responsible for the accuracy, usefulness, safety, or intellectual property
rights of or relating to such Third-Party Content, and that such Third-Party
Content is not the re-sponsibility of Kruuz. We may or may not, at our own
discretion, pre-screen Third-Party Content, but we have no obligation to do so.
We reserve the right (but do not assume the obligation), in our sole
discretion, to reject, move, edit or remove Third-Party Content. Without
limiting the foregoing, we have the right to remove any Third-Party Content
that violates the Terms or is other-wise objectionable in our sole discretion
Third-Party Content is solely the responsibility of the person or entity submitting
it and does not necessarily reflect the opinion of Kruuz. We do not endorse any
Third-Party Content submitted to the Services by any user or other licensor, or
any opinion, recommendation, or advice expressed therein, and we expressly
disclaim any and all lia-bility in connection with such text, images, photos,
audio, video, data, and/or other communication submitted to the Services.
8.5 Feedback. If you provide feedback, comments or suggestions for improvements to the
Services (in written, oral, or any other form) (“Feedback”), you represent and
warrant that you (a) have the right to disclose the Feedback, (b) the Feedback
does not violate the rights of any other person or entity, and (c) the Feedback
does not contain the confidential or proprietary information of any third party
or parties. You (i) acknowledge that Kruuz may have something similar to the
Feedback already under consid-eration or in development, and (ii) assign to
Kruuz your entire right, title, and interest (including any intellectual
property rights) in and to Feedback. To the extent that any
right, title, or interest cannot be assigned under applicable law, you hereby grant
us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to
use, modify, prepare derivative works from, publish, distribute and sublicense
the Feedback without any compensation, and waive any right, title or interest
and consent to any ac-tion of Kruuz, its service providers, successors, and
assigns that would violate such right, title, or interest in the absence of
such consent. You agree to execute any documents necessary to effect the
foregoing assignment, waivers, or consents.
8.6. Kruuz Marks. You may not use, copy, reproduce, republish,
upload, post, transmit, distribute, modify, adapt or adopt Kruuz Marks in any
way, including in advertising or publicity pertaining to distribution of
materials on the Services, without Kruuz’s prior written consent. You shall not
use any Kruuz Mark or any language, pictures or symbols which could, in Kruuz’s
sole judgment, imply Kruuz’s endorsement in any (i) written or oral advertising
or presentation, or (ii) brochure, newsletter, book, or other written material
of whatever nature, without Kruuz’s prior written consent. You may not remove
or alter Kruuz Marks or legal notices in-cluded in the Services or on any
related asset, such as Kruuz Scooters.
9. LOCATION AND
PUSH NOTIFICATIONS AND OTHER TECHNOLOGIES
9.1. Location. To determine your eligibility to use the Services, locate scooters,
pinpoint your pickup and drop off locations, and track your ride, Kruuz may
determine your location using one or more reference points, such as GPS,
beacons and/or software within your device. If you have set your device(s) to
disable GPS, Bluetooth or other location determining software or do not
au-thorize the Services to access your location data, the Services may not be
able to determine your location and you may not be able to access the Services.
For more information about how the Services collects, uses, discloses, and
retains your information, please read the Kruuz Privacy Policy.
9.2. Text Messaging. Kruuz and those acting on its behalf may send
you text (SMS) messages at the phone number you pro-vided us. These messages
may include operational messages about your use of the Services, as well as
marketing or other pro-motional messages similar to the products or services
received. You may not be able to use the Services without allowing oper-ational
text messages as those are an integral part of the service. You may opt-out of
receiving marketing text messages at any time by sending an email to support@kruuz.co indicating that you no longer wish to receive
marketing texts along with the phone number of the mobile device receiving the
messages. You may continue to receive text messages for a short period while
Kruuz processes your request, and you may also receive text messages confirming
the receipt of your opt-out request. If you do not want to receive operational
text messages from Kruuz, do not provide your phone number to Kruuz. Text
messages may be sent using an automatic telephone dialing system. Your agreement
to receive marketing texts is not a condition of any pur-chase or use of the
Services. If you change or deactivate the phone number you provided to Kruuz,
you must update your ac-count information to help prevent us from inadvertently
communicating with anyone who acquires your old number. Standard data and
message rates may apply for SMS and MMS alerts, whether you send or receive
such messages. Please contact your Carrier for details.
9.3. Push Notifications. The Services may make use of push
notifications to devices that support the transmission of such notifi-cations
or alerts. Push notifications are used to send notification messages to you
regarding offers, events, and other promo-tions and related alerts, as well as
informational and/or administrative messages. After downloading the Services,
you may be asked to accept or deny push notifications. If you deny, you will
not receive any push notifications. If you accept, push notifica-tions will be
automatically sent to your device. If you no longer wish to receive push
notifications from this Services, you may opt out by changing your notification
settings on your device or, if applicable, through the push notification
service. For mobile de-vices, the device manufacturer, not Kruuz, controls
these notification settings.
9.4. Email. Kruuz may send you emails concerning our products and services. You
may opt-out of promotional emails by follow-ing the unsubscribe instructions in
a promotional email.
9.5. E-SIGN
Disclosure. By agreeing to receive text messages, you also consent to the use
of an electronic record to document
your agreement.
You may withdraw your consent to the use of the electronic record by contacting
us
at support@kruuz.co with “Revoke
Electronic Consent” in the subject line. To view and retain a copy of this
disclosure or any
information
regarding your enrollment in this program, you will need (i) a device (such as
a computer or mobile phone) with
a web browser and
Internet access and (ii) either a printer or storage space on such device. You
agree that the delivery of a
copy of this
agreement by way of electronic transmission to your email, or other electronic
address provided, or text mes-
sage constitutes
a valid and effective delivery of the agreement. For a free paper copy, or to
update our records of your con-
tact information,
please contact us with contact
information and the address for delivery.
10. TERMINATION
10.1. Termination by You. You may terminate your use of the Services at
any time by closing your account, uninstalling the App, and ceasing to use the
Services; provided, however, that (i) termination will not entitle you to any
refunds, (ii) these Terms will remain in effect indefinitely after your
termination, and (iii) we reserve the right to charge any additional Fees that
you owe as a result of your use of the Services or a third party’s use of the
Services under your account.
10.2. Termination by Us. We may, in our sole discretion and with or
without cause, unilaterally suspend or terminate your ac-count or your right to
use the Services at any time and without any notice to you.
10.3 Survival. All provisions of these Terms,
which by their nature should survive termination, shall survive termination,
in-cluding, without limitation, Release of Liability, Fees and Responsibility
for Costs, Limitations, Disclaimers, Intellectual Property, Indemnification,
Miscellaneous.
11.
INDEMNIFICATION
Without limiting the Release of Liability and
Limitation of Liability, you agree to defend, indemnify, and hold harmless the
Released Persons from and against any and all consequences, claims, demands,
causes of action, losses, liabilities, damages, injuries, fees, costs and
expenses, penalties, fines, tickets, attorneys’ or legal fees, judgments,
suits, settlements, and/or disburse-ments of any kind, or nature whatsoever,
whether foreseeable or unforeseeable, and whether known or unknown, that
directly or indirectly arise from or are related to any claim, suit, action,
demand, investigation or proceeding made or brought against any Released
Person, or on account of the investigation, defense, or settlement thereof,
arising out of or in connection with: (i) your use of the Services and your
activities in connection with the Services; (ii) your User Content; (iii) your
breach or alleged breach of these Terms or any Other Governing Agreement; (iv)
your violation or alleged violation of any laws, rules, regulations, codes,
statutes, ordinances, or orders of any governmental or quasi-governmental
authorities in connection with your use of the Services or your activities in
connection with the Services; (v) information or material transmitted through
your account or mo-bile phone or other device, even if not submitted by you,
that infringes, violates, or misappropriates any copyright, trademark, trade
secret, trade dress, patent, publicity, privacy, or other right of any person
or entity; (vi) any misrepresentation made by you; and (vii) the Released
Persons’ use of the information that you submit to us (collectively, “Claims“).
You will cooperate as fully required by the Released Persons in the defense of
any of the foregoing. Notwithstanding the foregoing, the Released Persons
retain the exclusive right to settle, compromise, and pay any and all such
Claims. Released Persons reserve the right to assume the exclusive defense and
control of any Claims. You will not settle any Claims without, in each
instance, the prior writ-ten consent of an officer of a Released Person.
12. ARBITRATION
AGREEMENT, DISPUTE RESOLUTION, AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR
LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. FOR RESIDENTS OF
THE EUROPEAN UNION OR UNITED KINGDOM WHO USED THE SERVICES IN THE EU OR UK,
PLEASE ALSO REFER TO THE SECTION ENTITLED “DISPUTE RESOLUTION FOR E.U. OR UK
RESIDENTS”BELOW. FOR RESIDENTS OF CANADA, PLEASE ALSO REFER TO THE SECTION
ENTITLED “ARBITRATION FOR CANADA RESIDENTS” BELOW.
Definitions. For
purposes of this Section 12 (Arbitration Agreement, Dispute Resolution, and
Class Action Waiver):
“Party” shall
mean either Kruuz or You, as these terms are defined below. “Parties” shall
mean Kruuz and You, collectively.
“Us” “Our”
“We” and/or “Kruuz” shall mean Kruuz Power LLC, Kruuz, its successors, assigns,
parent, subsidiaries, affiliates, divisions, dealerships, service providers,
and their affiliates, and the respective officers, directors, employees,
contractors, agents, or shareholders of any of the foregoing.
“You” shall include yourself, in your individual
capacity, and any authorized or unauthorized users or occupants of the Kruuz
Scooter, and/or your or their beneficiaries.
You and Kruuz agree that these this arbitration
undertaking is made pursuant to an in connection with a transaction involv-ing
interstate commerce, and shall be governed by and construed and interpreted in
accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq.
Terms affect interstate commerce and that the Federal Arbitration Act governs
the interpretation
and enforcement of these arbitration provisions.
This Section 12 is intended to be interpreted
broadly and governs any and all disputes between Us, including but not limited
to claims arising out of or relating to any aspect of the relationship between
Us, whether based in contract, tort, statute, fraud, misrepresentation or any
other legal theory; claims that arose before these Terms or any prior agreement
(including, but not limited to, claims related to interactions between users);
and claims that may arise after the termination of these Terms. Except as
provided herein, claims arising out of or relating to the validity,
application, scope, enforceability, or interpretation of the Terms, including
this Section 12, shall also be decided by an arbitrator. The only Disputes
excluded from this Section 12 are the litigation of certain intellectual
property and small court claims, as provided below.
By agreeing to
these Terms, You agree to resolve any and all disputes with Kruuz as follows:
Pre-Arbitration Dispute Resolution: For any and all disputes, claims, or
controversies You may have against Kruuz arising out of, relating to, or in
respect of these Terms, including their negotiation, validity, existence,
breach, termination, construction or application, or the rights, duties or
obligations of any Party, or the rights, duties or obligations of any Party
derived from or associated with these Terms (“Disputes”), whether pursued in
court or arbitration, You must first give Us an opportunity to resolve the
Dispute informally by contacting Us at support@kruuz.co with the following information: (1) your name,
(2) your address, (3) a written description of your claim, and (4) a
description of the specific relief You seek. If We do not resolve the Dispute
within forty-five (45) days after receiving your notification, then You may
pursue resolution of the Dispute in arbitration. You may pur-sue your Dispute
in a court only under the circumstances described below.
Arbitration
Procedures:
If the
Dispute has not been resolved and is not subject to the exclusions outlined in
this Section 12, then either Party may initiate binding arbitration as the sole
means to resolve all Disputes, subject to the terms set forth below.
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 these Terms of Service, and the parties’ relationship
with each other shall be finally settled by binding arbitration administered by
a mutually agreed upon arbitrator or arbitration service.
The arbitrator, and not any court or agency,
shall have exclusive authority to resolve all disputes arising out of or
relating to the interpretation, applicability, enforceability or formation of
these Terms of Service, including, but not limited to any claim that all or any
part of these Terms of Service 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, Kruuz will pay the additional cost. The
arbitration rules also permit you to recover attorney’s 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
court.
Location
of Arbitration: The arbitration will take place in Houston,
Texas or a mutually agreed upon location.
CLASS ACTION WAIVER: The parties agree that the 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 class arbitra-tion or seek relief on a class
basis. THIS MEANS THAT YOU AND KRUUZ AGREE THAT EACH MAY BRING CLAIMS AGAINST
THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A LEAD OR
REPRESENTATIVE CLASS PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING.
By agreeing to these Terms, You are waiving your
right to trial by jury or to participate in a class action. We are also waiving
these rights.
Warranty: You and We agree that this arbitration agreement includes any claim
arising out of accessing Kruuz Scooters or Services, including any claims from
a breach of an implied or express warranty, or any other claim regarding
quality, service or repair, including California-specific warranty protections
or so-called “lemon law” statutes including the Song-Beverly Act, California
Unfair Competition Law, California Secret Warranty Law, California Consumer
Legal Remedies Act and any claims in-volving pre- or post-sale fraud. The
warranty period is not extended or triggered anew by Claims or complaints by
You, or repair attempts by Us, or flaws or defects discovered at any point
after the time of sale.
Exclusions from Arbitration: Notwithstanding the parties’ agreement
to resolve Disputes through arbitration, either Party may (1) bring enforcement
actions, validity determinations or claims arising from or relating to misuse,
infringement, or misappropria-tion of intellectual property theft, piracy or
unauthorized use of intellectual property in state or federal court or in the
U.S. Patent and Trademark Office to protect its intellectual
property rights (“intellectual property rights” means patents, copyrights,
moral rights, trademarks, and trade secrets, but not privacy or publicity
rights); (2) seek relief in a small claims court for disputes or claims within
the scope of that court’s jurisdiction, (3) file bankruptcy in court; (4)
enforce a security interest in the vehicle by re-possession or in court; (5)
take legal action in court to enforce the arbitrator’s decision; and (6) pursue
claims and remedies provided for under the Magnussen-Moss Act in court. You
and we agree that to the extent that either Party has a good faith be-lief that
a Dispute falls within the jurisdiction of the small claims court in the U.S.
county (or parish) of your residence or in Texas, either Party may elect to
have such Dispute adjudicated in such small claims court. Either Party may
make such election even after the other Party initiates an arbitration. To the
extent that either you or we elect to have a Dispute resolved in small claims
court after an arbitration is initiated, the Party that initiated the
arbitration agrees to dismiss or suspend the arbitration and seek to resolve
the Dispute in small claims court. You and we agree that in the situation where
an arbitration is already initiated and one Party invokes the small claims
court option, any dispute regarding whether the Dispute is properly within the
jurisdiction of a small claims court shall be resolved by the small claims
court in the first instance (unless it is unwilling to do so) and not the
arbitrator or JAMS.
30-Day 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. You can opt out
of the arbitration and class action waiver provisions set forth above by
sending an email from your registered email address on Kruuz to Us at with the subject line, “ARBITRATION AND CLASS
ACTION WAIVER OPT-OUT.” To opt-out, You must send the email to Kruuz with the
required language within thirty (30) days of the later of the following: (i)
of your creation of a Kruuz account; or (ii) the date of notice from Kruuz of a
material change to this Section via email to You. To be clear, if You opt out
of the arbitration and class action waiver provision, You will be able to
pursue any potential claims in a court of law and can participate
in a class action or other class proceeding if You so desire. If You do not opt
out properly, You agree to arbitrate. If You opt out of the arbitration and
class action waiver provisions, We will not be subject to them either with
respect to any disputes with You, meaning Kruuz can also litigate in a court of
law and be subject to class action litigation.
Severability: If a court or arbitrator decides that any
portion of this Section 12 is invalid or unenforceable, then the portion shall
be severed from the Terms and/or deemed modified, only to the extent necessary
to make it lawful. Such invalidity shall not af-fect the enforceability of any
other provisions of the Terms that are not invalid or unenforceable. To affect
the modification of the portion, the portion shall be deemed deleted, added to,
and/or rewritten, whichever shall most fully preserve the intentions of the
parties as originally expressed herein.
The Terms and the relationship between You and
Kruuz shall be governed in all respects by the laws of the State of Texas,
in-cluding warranty law, without regard to its conflict of law provisions. This
Section 12 shall survive any termination of your account, these Terms, or the
Services.
DISPUTE
RESOLUTION FOR E.U. OR UK RESIDENTS WHO HAVE USED THE SERVICES IN THE E.U. OR
UK
Either Party may initiate binding arbitration as
the sole means to resolve all Disputes, subject to the terms above, as
permitted by European law. Any controversy that arises or is related to these
Terms be submitted to the non-exclusive jurisdiction of the Courts of the place
of your domicile. This remains without prejudice to any rights recognized by
current consumer protection legislation.
In addition, in accordance with European law,
You are informed that the European Commission’s online dispute review platform
is also available, which is accessible on the following link: http://ec.europa.eu/consumers/odr/. This link is provided as required by
Regulation (EU) No 524/2013 of the European Parliament and of the Council, for
information purposes only. We are not obliged to participate in online dispute
resolution.
ARBITRATION FOR
CANADA RESIDENTS
Except where prohibited by applicable law, a
Dispute (as defined above), shall be referred to and determined by a single
arbi-trator in a final and binding arbitration administered under the rules of
ADR Institute of Canada, Inc.’s Arbitration Rules. If the Parties have not
agreed upon an arbitrator within 14 days, unless otherwise agreed by the
Parties in writing, the Parties shall ask the ADR Institute of Canada, Inc. to
appoint a single arbitrator.
The seat of the arbitration shall be the same as
the provincial or territorial law governing these Terms. The arbitration shall
be heard in the capital of the seat unless the Parties agree otherwise. The
costs and expenses of the arbitrator shall be shared equally between the
Parties. A Party to the arbitration has no right of appeal from any award of
the Arbitrator, whether charac-terized as final, interim, interlocutory or
partial.
All Disputes referred to arbitration (including
the scope of the agreement to arbitrate, the law relating to the enforcement of
the agreement to arbitrate, any relevant limitation periods, the law governing
the procedure of the arbitration, the law relating to available remedies,
set-off claims and conflict of laws rules) shall be governed by the law of the
seat. Each Party hereby irrevocably consents to venue in the capital of the
seat, and to the jurisdiction of competent courts in the capital of the seat
for all litigation that may be brought, however it is agreed and acknowledged
that the intention of the parties is to arbitrate the Dispute without recourse
to the courts.
A Party to these Terms may take such steps as
are permitted or required to enforce an award made by an Arbitrator. Except as
required by law, and only to the extent that such disclosure is reasonably
necessary, or for the purposes of obtaining profes-sional advice, the existence
of the arbitration and any element of the arbitration, including any award,
shall be confidential and shall not be disclosed to any non-party to the
arbitration. No document or other evidence or information prepared for or
pro-duced by or on behalf of any Party to the arbitration shall be disclosed to
any non-party to the arbitration.
13. STATUTE OF
LIMITATIONS
You and Kruuz agree that regardless of any
statute or law to the contrary, any dispute under these Terms. Including under
Section 12 of these Terms and including any claim or cause of action against
You or Kruuz, must be commenced or filed within one year after such claim
arose, in accordance with these Terms; otherwise, the dispute or claim is
permanently barred, and there shall be no right to any remedy for any claim not
asserted in that time period.
14. NOTICE
Kruuz may give notice by any means of
communication reasonably anticipated to notify you of the information provided.
You agree that all notices, disclosures, and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing or be delivered in a particular manner. You agree
that you have the ability to store such electronic communications such that
they remain accessible to you in an unchanged form. By way of example only,
such com-munication may be a general notice on the Services or via email to the
email address listed on your account. It is your obliga-tion to update your
account information so that we may contact you as may be necessary. Such notice
shall be deemed to have been given 48 hours after dispatch. If physical notice
(e.g., US Mail) is used, then such notice shall be deemed to have been given 7
days after dispatch.
Except as explicitly described in Section 12,
you may give notice to Kruuz (such notice shall be deemed given when received
by Kruuz) at any time by any of the following: letter delivered by nationally
recognized overnight delivery service or first class postage prepaid mail to
Kruuz at the following address:
Kruuz
Power LLC
1940
Fountain View Dr #1282
Houston,
TX 77057
15. MISCELLANEOUS
15.1. Entire Agreement. These Terms (including, without limitation, the
Privacy Policy, and any applicable Other Governing Document), is the entire
agreement regarding the subject matter herein, and the parties acknowledge that
they have not relied on any promise, representation, or warranty, express or
implied, that is not contained in this Agreement. Kruuz is not obligated under
any other agreements unless they are in writing and signed by an authorized
representative of Kruuz.
15.2. Export Control. Materials and information provided on or
through the Service, including prices, features, products or ser-vices, may not
be available outside the U.S. You agree to comply with all export and
re-export control laws, restrictions and reg-ulations or similar laws of your
government in connection with your use of the Service, including but not
limited to, the Export Administration Regulations (“EAR”) maintained by
the U.S. Department of Commerce, trade and economic sanctions main-tained by
the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and
the International Traffic in Arms Regulations (“ITAR”) maintained by the
Department of State. Further, you represent and warrant that: (i) you are not
located in a country that is subject to a government embargo, or that has been
designated by any country’s government as a “terrorist supporting” country, and
(ii) that you are not listed on any government list of prohibited or restricted
parties as specified in the laws and regulations listed above or in the laws
and regulations applicable in your country.
15.3. Promotional Offers. From time to time, Kruuz may offer promotional
discounts or credits (“Promotional Credits“) to users.
Kruuz reserves the right to withhold, expire, limit, modify or deduct
Promotional Credits in the event that Kruuz determines or be-lieves that the
receipt of the Promotional Credit was in error, fraudulent, illegal, or in
violation of our rules or any other applicable agreement between you and Kruuz,
as determined in Kruuz’s sole discretion. Each of these Promotions may have
their own rules and terms that you should review. Those terms will apply in
addition to these Terms. We are not required to give, and you are not required
to accept, any offers we may promote through the Services. Promotional Credits
must be used for the intended audi-ences and purposes and are not transferable,
redeemable or exchangeable for other things of value, except at our sole
discre-tion. If you accept any offer, you may have to sign a declaration of
eligibility and liability release, or sign other paperwork in order to receive
the offer. Some offers may be subject to taxes and other charges or
restrictions which will be disclosed before you ac-cept the offer. If you
accept an offer you also assume all liability associated with that offer.
15.4. Referral Program. We may offer bonuses to new users and for other
marketing purposes, such as a referral program (“Referral Program”). Users may
be able to earn courtesy credits that can be used for Fees, discounts, or other
promotional purposes (“Referral Program Rewards”) by inviting
their eligible friends to register as new Kruuz users using a unique referral
code (“Referral Program Codes”). Referral Program Codes must be used for the
intended audience and purposes, and may not be sold or transferred in any
manner or made available to the general public (whether posted to a public
forum or otherwise), un-less expressly permitted by Kruuz. Except as permitted
by Kruuz, Referral Program Rewards are non-transferrable, may not be resold, and
are not redeemable for cash or other consideration. You agree we may change the
terms and conditions of the Referral Program, terminate the Referral Program,
or expire, deduct, limit, or modify your Referral Program Rewards at any time
for any reason, including but not limited to, the event that Kruuz determines
or believes that your participation in the Referral Program or use or
redemption of Referral Program Codes was in error, fraudulent, illegal, or
otherwise in violation of these Terms.
15.5. Governing Law and Venue. These Terms will be governed by the internal
laws of the State of Texas, without regard to its choice or conflicts of laws
provisions. Any dispute that arises out of or relates to these Terms or the
breach thereof that is not governed by the mandatory arbitration agreement set
forth in Section 12, above, shall be governed by the law of the State of Texas
without regard to or application of choice of law principles. The parties
hereby consent to the exclusive jurisdiction of the state and federal courts in
Texas for all claims and both parties expressly waive any objections or defense
based upon lack of personal jurisdiction or venue. For any action not subject
to mandatory arbitration pursuant to Section 12 above, the prevailing party to
such dispute shall be entitled to recover its reasonable costs incurred in
prosecuting or defending against such dispute, including its reasonable
attorneys’ fees and experts’ fees.
For non-United States residents, any legal
disputes arising from this contract in relation to use of the Services in the
EEA (exclud-ing the United Kingdom), German Law applies, and the place of venue
are the courts of Berlin.
For non-United States residents, any legal
disputes arising from this contract in relation to use of the Services in the
United Kingdom, the laws of the United Kingdom shall apply, and the place of
venue are the courts of London.
For non-United States residents, any legal
disputes arising from this contract in relation to use of the Services in
Canada, the laws of the province or territory in which You reside shall apply,
and the place of venue are the courts of the province or territory in which you
reside.
15.6.
Severability; Waiver. If a court
determines that any term or condition in these Terms is illegal or
unenforceable, then such term will be eliminated and the remaining terms and
conditions will remain in full force and effect. Our failure to exercise or
en-force any right or provision of these Terms shall not constitute a waiver of
such right or provision.
15.7. Assignment. We can assign these Terms in whole or in part to
anyone we choose. You can’t assign your rights or obliga-tions under these
Terms to anyone else without our prior consent.
15.8. Force Majeure. Neither party will be liable for any delay or
failure in performance to the extent the delay or failure is caused by events
beyond the party’s reasonable control, including, a significant failure of the
Internet, fire, flood, acts of God, explosion, war or the engagement of
hostilities, strike, embargo, labor dispute, pandemic, government requirement,
civil disturbances, or civil or military authority.
15.9. Independent Contractors. Kruuz is an independent contractor and neither
party is an agent of the other and neither party has the right to bind the
other on any agreement with a third party.
15.10. Headings and Sections. The headings and section titles in the Terms are
for convenience only and have no legal or con-tractual effect.
15.11. No Third-Party Beneficiaries. You agree that, except as otherwise expressly
provided in these Terms, there shall be no third-party beneficiaries to these
Terms.
15.12. Interference. ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY
DAMAGE THE SERVICES OR OTHERWISE UNDERMINE OUR LEGITIMATE BUSINESS OPERATIONS
MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO
COUSE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES
TO THE FULLEST EXTENT PERMITTED BY LAW.