This website is operated by Electric Scooter San Diego LLC “ESSD”. Throughout the site, the terms “seller” “we”, “us” and “our” refer to ESSD. ESSD offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site(s), purchasing something from us, and/or using our products, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms and conditions will govern any sale notwithstanding any inconsistent terms in any other purchase order, invoice, contract, or other subsequent writings.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website and/or purchasing our ESSD branded products. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website, purchase or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our online store is accessible at electricscootersandiego.com/for-sale
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS
Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of ESSD. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; WARNINGS AND PROPER USE; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall ELECTRIC SCOOTER SAN DIEGO LLC, our members, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
WARNINGS AND PROPER USAGE
A skooza® K1, K1S or K1 SKORPION Electric Scooter sold by ESSD “K1” is a battery-powered motorized scooter that is intended to be used solely under certain environmental and operating conditions, as further described here. You agree that you will use K1 only in the manner and under the conditions described here, and that you will avoid using it in a manner that is obviously inadvisable, or under hazardous conditions, or under any other conditions for which Seller has issued warnings. You agree to follow and obey all operating requirements and procedures of K1.
Operating Limits/Requirements. K1 is designed to work solely with single riders. K1’s maximum carrying capacity is 400 pounds. This weight limit includes the weight of the operator as well as all items and supplies held or worn by the operator. Should the motor become overloaded, the scooter will automatically cut the power. K1’s controls limit it to a top operation speed of 28 mph. K1 is designed and intended for persons 16 years and older with a valid driver’s license. K1 is not a toy. Persons under the age of 16 without a valid driver’s license should not ride or operate it.
Operator Manual. The operator of K1 must read the online operators’s manual found here, before attempting to operate a K1. Please refer to the operator’s manual for battery charging, care and maintenance information.
Normal Operation. K1 is intended to be used by a single rider or by a single rider sitting on the seat, or by a single rider standing in an upright position with both hands on the handlebars. Never place anything other than your feet on the floorboard. Never place your hands or feet anywhere in or near the wheels. Do not wear loose fitting clothing, or ankle or shoe jewelry. Always face forward while operating K1. Brake smoothly and allow sufficient braking distance. Use caution when operating near other cyclists or pedestrians. Do not operate K1 on highways.
Safety Equipment. Always wear a helmet when operating K1. It is strongly recommended that you use a properly-fitting and approved bicycle or skateboard helmet that provides protection for the sides and back of your head.
Low Power. K1’s systems require sufficient battery power. Do not use if a low power condition (1 green dot) is indicated on the battery power meter or if the digital display shows less than 10% state of charge, or if you are otherwise aware that K1 requires recharging.
No Modifications. K1 is designed to function solely in accordance with its specifications. Do not modify it in any manner, as doing so may cause it to malfunction, resulting in injury or damage. Always inspect K1 for damage prior to operating it. K1 is not designed to have or use any after-market equipment or supplies. Use of any non-authorized or after-market equipment will nullify the warranty, and may cause K1 to operate incorrectly.
Avoid Hazards. Use caution and reduce speed when using K1 in rainy, icy, or snowy conditions, or in other conditions where you could lose traction. K1 is not intended to be, and should not be used as, an “off road”-type vehicle or on uneven roads, or as a dirt bike, or for motocross-related activities. Do not use it on grass, sand or gravel. Always ride at a speed that is safe for you and others who are around you.
No Drugs/Alcohol. Never use K1 while you are under the influence of drugs or alcohol.
No Distracted Driving. Never use K1 unless you can focus your entire attention on operating it in a safe manner. Do not operate K1 while talking or texting on a mobile phone or other electronic device.
No Towing. K1 is not intended to, and should never be used to, tow or pull any vehicle, bicycle, or pedestrian. Doing so can cause damage to K1, and places others in serious danger.
RISK OF INJURY – ASSUMPTION OF RISK
Whenever you use K1, you risk death or serious injury from loss of control, collision, and/or falls. Such risk exists even if it is used in complete compliance with its instructions and warnings. BY USING K1, YOU ASSUME ALL RISK OF PERSONAL INJURY, DEATH, OR DISABILITY TO YOURSELF AND ANY PERSON UNDER YOUR CARE OR CUSTODY.
LIMITATION OF LIABILITY AND DISCLAIMER
You understand and agree that K1 has inherent/natural and unforeseen potential for risks of injury, damage or loss, that include but are not limited to injuries or damage caused by equipment, facilities, sidewalks, weather conditions, street conditions, condition of the rider, equipment, pedestrians, traffic, or the actions of other people. You agree, on behalf of yourself and any person under your care or custody, to hold Seller and all of its officers, directors, employees and advisors harmless from and against any and all liabilities, costs, expenses, fees (including reasonable attorneys’ fees), penalties, claims or causes of action arising from or related to your purchase, use (including any damages or injuries you or others incur), or your inability to purchase or use K1. In no event will Seller’s liability for claimed defective or nonconforming materials exceed the purchase price paid by you. In no event will Seller be subject to any other obligations or liabilities, whether arising out of breach of contract, warranty, tort (including negligence) or other theories of law, with respect to goods sold or services rendered by Seller, or any undertakings, acts or omissions relating to them. In no event shall Seller be liable for any indirect, consequential, exemplary, special or punitive damages regardless of the theory of recovery. Seller specifically disclaims any liability for property or personal injury damages, penalties, special or punitive damages, damages for lost profits or revenues, loss of use of materials, or for any other types of economic loss.
The use of K1 on public roads and sidewalks may be regulated or prohibited by local or state regulations. Seller does not warrant or guarantee that it may be legally operated on any roadway, sidewalk, path or related area, nor does Seller warrant or guarantee that it may be legally operated in your jurisdiction. Certain jurisdictions may set minimum age limits or license requirements for the use of K1, and/or require protective gear to be worn. You agree to review all local rules, laws and regulations that are applicable to your use of K1, and to comply with them.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless ELECTRIC SCOOTER SAN DIEGO LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of San Diego County, California, USA.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.