This Terms and Conditions Document Includes:
- Rental and Subscription agreement
- Terms of Service
- Pre-Order Agreement
- Warranty, Returns, and Privacy Policies
Terms, Conditions Rental/Subscription Agreement
OWNER:Brooklyness Inc. 368 Broadway #507 New York, NY 10013 email@example.com
RENTER: You, the customer
EQUIPMENT/VEHICLE: Premium Electric Scooter
RENTAL/SUBSCRIPTION Rate: The Premium Electric Scooter is $99.99 for the first month and $39.99 thereafter, plus any applicable taxes.
VEHICLE RETAIL PRICE: $1100 plus any applicable taxes.
OWNER and the RENTER are the only parties to this Agreement.
IMPORTANT NOTE: PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
SECTION 1 – ELIGIBILITY
To be eligible for initial and continued Subscription, the RENTER (or herein also referred to as “you”) must: (a) Obtain at its own expense all necessary vehicle and services needed to use the Vehicle and the Brooklyness App (including a mobile device and wireless service). Charges from a RENTER’s wireless carrier or communication service are not OWNER’s responsibility. OWNER makes no guarantees that the App can be accessed by all wireless devices or service plans or that it will be available in all locations; (b) Agree to allow OWNER to track RENTER’s location and movements whenever the vehicle is in use or stationary;(c) Provide a valid government issued photo ID; and (d) Provide a credit card which expiration date is not happening within the next 6 months.
RENTER is at least 18 Years Old. RENTER represents and certifies that RENTER is at least 18 years old.
The RENTER is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. RENTER understands that the vehicle must be used only by the RENTER. This agreement is not transferable or assignable. This agreement applies to the RENTER only.
RENTER represents and certifies that he/she is familiar with the operation of the vehicle, is reasonably competent and physically fit to ride the vehicle, and has reviewed the safety materials provided in the OWNER’s website. RENTER assumes all responsibilities and risks for any injuries or medical conditions and is responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms, make it dangerous to operate the vehicle. RENTER is advised to adjust his/her riding behavior and braking distance to suit local weather, visibility, surrounding environments, and traffic conditions.
Requirements Before the RENTER use the vehicle.
Before each use of the vehicle, the RENTER shall conduct a basic safety inspection, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) good condition of the frame; and (iv) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. The RENTER agrees not to ride the vehicle if there are any noticeable issues. If any issue is detected the RENTER should inform us immediately and bring the vehicle for maintenance.
Requirements While Using the vehicle.
If at any time, whether prior to, during, or after riding the vehicle, the RENTER discovers any defect or notice or any other potentially unsafe condition, no matter how slight, the RENTER must not use the vehicle, or, if the RENTER is already riding the vehicle, the RENTER must immediately cease riding when it is safe to do so. Please put your (RENTER’s) safety first. The RENTER shall inform OWNER of such defect within 3 days of discovering or notice such a defect or else waives any right associated with such defect.
SECTION 2 – VEHICLE CONDITION
The OWNER shall provide the RENTER a vehicle in good running condition. On occasions, the vehicle will be brand new but in most cases the expectation is that the vehicle has been previously used by other RENTERS.
At the beginning of the RENTAL/SUBSCRIPTION the OWNER will assign the RENTER a vehicle and that vehicle will be for the exclusive use of the RENTER for the duration of the RENTAL/SUBSCRIPTION term. On occasions and solely at the OWNER’s discretion, a different vehicle may be reassigned to the RENTER .
The OWNER makes no warranty of any kind regarding the rented vehicle, except that OWNER shall fix or replace the vehicle with identical or similar vehicle if the vehicle fails to operate in accordance with the manufacturer’s specifications due to a manufacturing defect. Such replacement shall be made as soon as practicable after RENTER returns the non-conforming vehicle.
SECTION 3 – SAFETY
As may or may not be required by law, but by the OWNER’s advice the RENTER shall wear a helmet at all times while riding the vehicle. OWNER recommends that the RENTER wear a CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions. If wearing a helmet is required by the laws, rules, regulations and/or ordinances applicable to the area in which the vehicle is operated, the RENTER agrees to comply with such laws and regulations at all times. You agree that neither OWNER nor its affiliates, agents, directors, employees, suppliers or licensors will be liable for any injury or death suffered by the RENTER while operating the vehicle, whether or not the RENTER is wearing a helmet at the time of injury.
The RENTER expressly acknowledges and agrees that the RENTER may need to take additional safety measures or precautions not specifically addressed in these Terms, and the RENTER expressly acknowledges and agrees that determining whether the RENTER must do so is the RENTER’s sole responsibility – not the OWNER’s responsibility.
The RENTER agrees that OWNER does not provide or maintain places to ride the vehicle, and that OWNER does not guarantee that there will always be a safe place to ride any particular vehicle. Roads, bicycle lanes, and routes may become dangerous due to weather, traffic, and/or other hazards outside of OWNER’s control. OWNER shall not be liable for any of the foregoing, without limitation. You are solely responsible for choosing a responsible and safe route.
SECTION 4 – MAINTENANCE
The OWNER shall do all service and maintenance to the vehicle at no cost to the RENTER. This includes normal wear and tear as expected from the vehicle’s use under normal circumstances. Broken or missing plastics, deep scratches, structural damage, etc are not covered and the RENTER is responsible to cover the cost of replacing them.
The RENTER shall keep the vehicle in a good state of repair, except for normal wear and tear as expected from use under normal circumstances. Damages that are minor in nature, small paint scratches, lights that went out, etc. are considered “normal wear and tear.” Broken or missing plastics, deep scratches, structural damage, etc are not covered and the RENTER may be responsible to cover the cost of replacing them.
The RENTER agrees to bring the vehicle to the OWNER’s location for service and maintenance when required. The RENTER understands and agrees that the vehicle is only to be serviced and maintained by the OWNER and shall not attempt to disassemble or access its electronic components at any time.
The OWNER’s invoice for replacement or repair is conclusive as to the amount RENTER shall pay under this paragraph for repair or replacement. The RENTER authorizes the OWNER to charge his/her credit or debit card for the full amount of fees and dues to the OWNER.
The RENTER may request that the vehicle serviced at his/her location. The OWNER or its representative will arrange an on-site maintenance for a $45 fee, payable by the RENTER. The appointment scheduling of such on site maintenance will be on a first come first serve basis for RENTER.
SECTION 5 – ROADSIDE EMERGENCIES
The OWNER shall assist the RENTER in the event of a roadside mechanical emergency. The RENTER shall contact the OWNER via email at firstname.lastname@example.org and the OWNER should reply with suggestions on how to solve the issue. On occasion the OWNER will travel to the incident location to assist the RENTER or pick up the vehicle at no cost to the RENTER.
The OWNER may, from time to time, request that RENTER brings the vehicle to a designated location for maintenance purposes. RENTER is obliged to comply with such request within a reasonable period of time. Failure to comply will subject the RENTER to be solely and fully liable for any/all damages, regardless of type, to the vehicle, to the RENTER, to a third party and/or to a third party’s property caused in connection with the vehicle.
The RENTER agrees not tamper with, attempt to gain unauthorized access to, or otherwise use any part of the vehicle. The RENTER agrees to not remove any stickers labels or marking from the vehicle.
SECTION 6 – EXCLUSIVE USE
The vehicle assigned to the RENTER should only be used by the RENTER. The RENTER agrees to not let anyone else use the vehicle and holds the OWNER harmless of any claims that may occur as a consequence of someone else other than the RENTER riding the vehicle.
SECTION 7 – LIMITED USE
The vehicle is intended for only limited types of use. RENTER agrees that he/she will not use the vehicle for racing, mountain riding, or stunt or trick riding. RENTER agrees that he/she will not operate and/or use the vehicle on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others. Furthermore, the RENTER agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any law, ordinance or regulation.
In the event RENTER desires to use the vehicle for delivery or commercial use, such use must be communicated to OWNER prior to such use in writing. Such use must be agreed to by OWNER in writing and additional fees may apply to the RENTER.
SECTION 8 – SECURITY
The RENTER agrees to park the vehicle lawfully and in locations that do not block anything, including paths, sidewalks, or doorways. It is important to keep paths clear for everyone.
The RENTER agrees to always lock the vehicle when not in use.
The RENTER shall pay the OWNER full compensation for replacement and/or repair of any vehicle which is not returned within 30 days, or because of a loss or theft, or any vehicle which is damaged and in need of repair to be returned in the same condition it was in at the time of RENTAL.
The RENTER shall not remove the vehicle from New York Metro area without the prior written consent of the OWNER.
The RENTER shall inform the OWNER upon demand of the exact location of the vehicle while it is in the RENTERS’ possession. Upon request by the OWNER, the vehicle shall be returned to OWNER at the RENTER’s risk, cost, and expense.
SECTION 9 – THEFT
If, while RENTER in their possession, the vehicle is lost, stolen, or damaged in any way, then RENTER agrees to:
1.Report the loss, theft, or damage to OWNER within one (1) hour of the accident or incident by contacting OWNER’s customer service team through the website or via email to email@example.com.
2.fully cooperate following the OWNER’s instructions and following the theft incident procedures as instructed by OWNER.
3.Immediately call the police to the 911 and report the theft.
4. The RENTER agrees to file a police report and provide the OWNER with a copy.
A vehicle may be deemed lost or stolen by the OWNER if (a) the vehicle is not returned within twenty-four (24) consecutive hours of termination by either party, (b) the vehicle’s GPS unit is disabled, (c) other facts and circumstances that suggest to OWNER in its reasonable, good faith determination that a vehicle has been lost or stolen. If OWNER deems a vehicle lost or stolen and the loss or theft was not reported by RENTER to OWNER pursuant to the reporting requirements set forth below in this Agreement, OWNER shall have the authority to take any and all actions it deems appropriate, including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. RENTER agrees the data generated by OWNER’s vehicle (including but not limited to that generated from it’s GPS Lock), computers and/or any other relevant source of information related to the subscription is conclusive evidence of use of a vehicle by the RENTER.
The OWNER will provide the Police with GPS data to track the vehicle location. If the vehicle is not recovered within 30 Days, the RENTER is solely responsible for the full cost of any loss, accident or incident and any damage arising from such loss, accident or incident. This includes but is not limited to replacement costs for the lost or stolen vehicle, and all damage that occurs to the vehicle while in the RENTER’s possession or control. Such damages include, without limitation, the repair costs (estimated or actual) for the vehicle and third-party property, injuries to third parties, costs associated with the recovery or transportation of the vehicle, and the loss of use of the vehicle or third-party property. Member will be responsible for all damage and costs incurred as a result of the unauthorized use of a vehicle by any other person with or without his authorization.
The RENTER is required to set the tracking device and lock the vehicle when it’s unattended and/or in public places. If the vehicle is left locked in a public or semi-public area unattended it should be for a period of less than 1 hour. In case of theft or loss, the RENTER must: (i) provide immediate notice to the owner of such an event: (ii) file a police report within 2 hs of the incident; and (iii) send the owner a copy of the official and full Police Report within 7 days of the incident. In the event of theft of the account of the RENTER must be in good standing at the moment of the incident in order to be eligible for a temporary replacement. The provision of a temporary replacement unit may vary according to inventory availability.
The retail value of the vehicle for this purpose is $1100, the amount to be paid by RENTER is the retail value of the vehicle minus all RENTAL/SUBSCRIPTION paid to date. This does not include repair costs (estimated or actual) for the vehicle and third-party property, injuries to third parties, costs associated with the recovery or transportation of the vehicle, and the loss of use of the vehicle or third-party property.
SECTION 10 – THE RENTER EXPRESSLY AGREES NOT TO:
1.Operate any Product in violation of any laws, rules, regulations, and/or ordinances, including any and all rules pertaining to riding any vehicles on sidewalks.
2.Operate the vehicle while carrying any briefcase, backpack, bag, or other item if it impedes the RENTER’s ability to operate safely the Product.
3.Use any cellular telephone, text messaging Device, portable music player, and/or any other Device that may distract You from safely operating the vehicle
4.Operate the vehicle while under the influence of any alcohol, drugs, medication, and/or any other substance that may impair the RENTER’s ability to safely operate the vehicle.
5.Carry any other person on the vehicle.
6.Use the locking mechanisms other than those provided by the OWNER.
SECTION 11 – LIMITED LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OWNER, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL OWNER BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
YOUR PERSONAL INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF A SCOOTER. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT PRIOR TO USING THE SCOOTER.
RENTER indemnifies and holds OWNER harmless for all injuries or damages of any kind for repossession and for all consequential and special damages for any claimed breach of warranty.
SECTION 12 – LIMITATION ON PROMOTIONS
The RENTER may only take advantage of one special pricing promotion during any consecutive twelve (12)-month period. Eligibility for promotional offers may be contingent upon payment of all outstanding charges.
SECTION 13 – BILLING
RENTAL/SUBSCRIPTION rate is charged by OWNER, RENTAL/SUBSCRIPTION charges are billed to the RENTER for each period or portions of the period from the time the RENTER takes possession of the vehicle until its returned.
RENTAL/SUBSCRIPTION rate is charged by OWNER, RENTAL/SUBSCRIPTION charges are billed to the RENTER for the full term even if the vehicle is returned before the end of the term. If the vehicle is not returned during or at the end of the term, then the RENTAL/SUBSCRIPTION charges shall continue on a full term basis for an additional term until the vehicle is returned.
The RENTER must provide the OWNER with a valid Credit Card number and expiration date of no less than 6 months before the RENTER will be registered to use the RENTAL/SUBSCRIPTION Services. The RENTER represents and warrants to the OWNER that he/she is authorized to use any Credit Cards the RENTER furnishes to the OWNER. The RENTER authorizes the OWNER to charge the Credit Card for all fees incurred. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by the OWNER.
The RENTER can purchase the vehicle from the OWNER at any time, at retail price minus any monthly RENTAL/SUBSCRIPTION payments the RENTER has made on the vehicle at the time of exercising his purchase option. Fees may apply to continue to receive the unlimited maintenance and GPS tracking features.
The OWNER reserves the right to change the RENTAL/SUBSCRIPTION rate and shall let the RENTER know with 30 days of such change.
Pick up/delivery fee: If the RENTER is unable to return the vehicle to the OWNER’s location or desires to have the vehicle delivered. The RENTER may request that the vehicle be picked up or delivered. The OWNER or its representative will arrange the delivery/pick up for a $45 fee. The delivery/pick up schedule will be on a first come first serve basis for the RENTER.
SECTION 14 – DEPOSIT
The OWNER may require that the RENTER provide a refundable deposit, which will be specified at the time of the RENTER’s order. The OWNER may also require an additional deposit after activation of the Service if the RENTER fails to pay any amount when due. Within ninety (90) days after termination of the RENTER’s Service, the OWNER will return the RENTER’s Deposit, less any unpaid amounts due on the RENTER’s account, including any amounts owed for unreturned or damaged Equipment. Amounts held on deposit will not accrue interest except as required by law.
SECTION 15 – CREDIT AND PAYMENT
The OWNER may evaluate the RENTER’s credit history before modifying or providing the Service to the RENTER. In order to establish an account or obtain or modify Service, the OWNER may obtain a report from a consumer credit agency or exchange information with our affiliates in connection with determining the RENTER’s creditworthiness. If the RENTER fail to pay the RENTER’s bill, the OWNER may submit a negative credit report to a credit reporting agency, which will negatively affect the RENTER’s credit report. The RENTER agrees to inform the OWNER of any change in credit card information and always maintain a current address, email and telephone number.
The RENTER allows the OWNER or its representative to contact him/her directly regarding any late payments, tickets, citations, fines and/or penalties incurred by The RENTER or assessed against the OWNER while the vehicle was in the RENTER’s possession.
SECTION 16 – COLLECTION
If the OWNER uses a collection agency or attorney to collect money owed or repossess the vehicle, the RENTER agrees to pay the reasonable costs of collection, including, but not limited to, any collection agency fees, reasonable attorneys’ fees, and arbitration or court costs. If the RENTER change the RENTER’s telephone number or other contact information without notifying us of such change, the RENTER agree that the RENTER will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us or our collection agent as a result of any attempt to collect any debt through the telephone number or contact information the RENTER provided, including any costs or liabilities associated with misdirected calls. The RENTER shall pay all reasonable attorney and other fees, the expenses and costs incurred by OWNER in protecting its rights under this RENTAL/SUBSCRIPTION agreement and for any actions taken OWNER to collect any amounts due to the OWNER under this RENTAL/SUBSCRIPTION agreement.
These terms are accepted by the RENTER upon initiating a subscription.
THE RENTER IS SOLELY RESPONSIBLE AND LIABLE FOR ANY MISUSE, CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN, AS A RESULT OF USING ANY OF THE SERVICES.
SECTION 17 – LATE OR NON-PAYMENT
THE RENTER WILL BE CHARGED A LATE FEE OF 10% OF THE OWED AMOUNT FOR ANY AMOUNT THAT HAS NOT BEEN PAID IN FULL AFTER 30 DAYS.
The OWNER’s Remedies if the RENTER Pays Late or Fail to Pay. The RENTER may be billed fees, charges, and assessments related to late or non-payments if for any reason the OWNER does not receive payment for full amounts billed to the RENTER by the due date.
SECTION 18 – TERMINATION
The OWNER may terminate this agreement at his/her sole discretion, at which time the RENTER must return the vehicle.
If the RENTER is in compliance with all the terms of this Agreement, the RENTER may terminate his or her Subscription immediately for no reason, subject to the payment of any fees due at the time of the RENTER’s request for termination.
In the event of termination, the RENTER authorizes the OWNER to charge his/her credit card for the full amount of fees and dues owed to the OWNER.
OWNER may immediately terminate this Agreement and RENTER’s Subscription, at its sole discretion and without notice, if the RENTER: fails to pay any sum due; fails to comply with any term or condition specified in this Agreement; is involved in an incident with a vehicle that, in OWNER’s reasonable discretion, renders the RENTER ineligible or inappropriate for continued Subscription; engages in any activities or conduct that OWNER determines to be inappropriate, negligent, offensive, abusive, fraudulent, or otherwise unacceptable; and/or is not paying the RENTER’s debts as such debts generally become due, becomes insolvent, or proposes any dissolution or liquidation. No fees will be refunded in the event of termination. In the event of termination, RENTER is responsible for all fees and expenses through the last date of termination. In the event of termination, the RENTER agrees to immediately return all OWNER property in their possession to OWNER, and agrees to cover all legal fees and expenses necessary for OWNER to recover any debts owed by RENTER under this Agreement.
SECTION 19 – Legal Disputes. You agree that any claim or dispute at law or equity that has arisen or may arise between OWNER and RENTER will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims between OWNER and You are resolved.
(a). Applicable Law. You agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between You and OWNER, except as otherwise stated in this Agreement.
(b). Agreement to Arbitrate. ANY AND ALL DISPUTES (WHETHER BASED IN CONTRACT, LAW, STATUTE, RULE, REGULATION, ORDINANCE, TORT INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE, COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION UNDER THE LAWS OF THE STATE OF NEW YORK IN THE UNITED STATES. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING CONNECTED TO THE PROVISION OR USE OF THE SERVICES. You agree that any and all disputes or claims that have arisen or may arise between OWENR and You shall be resolved exclusively through final and binding arbitration, rather than in court, except that You may assert claims in small claims court, if the claim qualifies. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
(c). Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator also must follow the terms of this Agreement as a court would.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at http://www.adr.org.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall be bound by rulings in prior arbitrations involving you to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
(d). Costs of Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines that the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse OWNER for all fees associated with the arbitration.
(e). Judicial Forum for Legal Disputes.
Unless You and OWNER agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to You or to a particular claim or dispute, as a result of a court order, You agree that any claim or dispute that has arisen or may arise between You and We must be resolved exclusively by a state or federal court located in New York County, New York. OWNER and You agree to submit to the non-exclusive jurisdiction of the courts located within Morris County, New York for the purpose of litigating all such claims or disputes.
GOVERNING LAW AND JURISDICTION
Terms of service
This website is operated by Brooklyness, Inc. Throughout the site, the terms “we”, “us” and “our” refer to Beyond. Beyond offers this website, including all information, tools, and services available from this site to the RENTER, the user, conditioned upon the RENTER’S acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or purchasing something from us, the RENTER 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 of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, the RENTER agree to be bound by these Terms of Service. If the RENTER do not agree to all the terms and conditions of this agreement, then the RENTER may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is the RENTERs 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 store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to the RENTER.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, the RENTER represent that the RENTER is at least the age of majority in the RENTERs state or province of residence, or that the RENTER is the age of majority in the RENTERs state or province of residence and the RENTER have given us the RENTERs consent to allow any of the RENTERs minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may the RENTER, in the use of the Service, violate any laws in the RENTERs 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 the RENTER’s Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that the RENTERs content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at the RENTER’s own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for the RENTER’s reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is the RENTER’s 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 the RENTER or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We 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 the RENTERs 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 or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by the RENTER will meet the RENTERs expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
After the RENTER place an order, we will review the information the RENTER provided for validity by verifying the RENTERs method of payment, billing, and/or shipping address. You agree to provide current, complete and accurate purchase and account information for all orders. We may contact the RENTER (via email or phone) if additional information is required to accept and process the RENTERs order. You agree to promptly update the RENTERs account and other information, including the RENTERs email address and credit card numbers and expiration dates so that we can complete the RENTERs transactions and contact the RENTER as needed. Invalid order information may result in delays in processing the RENTERs order. For Product purchases, the RENTERs receipt of an order confirmation does not constitute OWNER’s acceptance of the RENTERs order.
We reserve the right, without prior notification, to refuse any order the RENTER 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 the RENTER by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
OWNER does not sell products through its website for or to children, but only to adults, who can purchase with a credit card or other permitted payment method.
In the event of failure to process the payment on the RENTERs monthly subscription due to a problem with the mean of payment stated in the account, OWNER may try to get in contact with the RENTER to update his payment information. After a 30 day period after the initial failure to process the monthly subscription, provided the RENTER has failed to get in touch with the OWNER to update his payment information or hasn’t returned the scooter to the OWNER, the scooter may be presumed stolen at OWNERS sole discretion, who may act accordingly.
For more details, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide the RENTER with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to the RENTERs use of optional third-party tools.
Any use by the RENTER of optional tools offered through the site is entirely at the RENTERs own risk and discretion and the RENTER should ensure that the RENTER is 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 the RENTER to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure the RENTER understand them before the RENTER 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, the RENTER send certain specific submissions (for example contest entries) or without a request from us the RENTER send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), the RENTER agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that the RENTER 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 the RENTER’s comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. The RENTER’s further agree that the RENTER’s comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than the RENTER’s self, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments the RENTER make and their accuracy. We take no responsibility and assume no liability for any comments posted by the RENTER or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after the RENTER have submitted the RENTERs order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, the RENTER is prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet: (k) to lend, sublease and/or sublet the scooter subject of the RENTERs subscription to any and all third party. We reserve the right to terminate the RENTERs use of the Service or any related website for violating any of the prohibited uses.
All Intellectual Property Rights related thereto, are the exclusive property of Owner and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of Owners Intellectual Property or content. Use of the Owner’s Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that the RENTER’s use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to the RENTER.
You expressly agree that the RENTERs use of, or inability to use, the service is at the RENTERs sole risk. The service and all products and services delivered to the RENTER through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for the RENTERs use, without any representations, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Brooklyness, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the RENTERs use of any of the service or any products procured using the service, or for any other claim related in any way to the RENTERs use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Brooklyness, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of the RENTERs breach of these Terms of Service or the documents they incorporate by reference or the RENTERs violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either the RENTER or us. You may terminate these Terms of Service at any time by notifying us that the RENTER no longer wish to use our Services, or when the RENTER cease using our site.
If in our sole judgment the RENTER fail, or we suspect that the RENTER 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 the RENTER will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the RENTER access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between the RENTER and us and govern the RENTERs use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the RENTER and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide the RENTER Services shall be governed by and construed in accordance with the laws of the state of New York.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is the RENTERs 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.
Pre-order terms & conditions
Brooklyness Inc. (herein referred to as We or Beyond or Owner or Company. Renter (herein referred to as You or Buyer
We will do our best to ship Pre-Orders in accordance with the expected ship date. If this changes, we will do our best to inform the BUYER.
Buyer is responsible for keeping the BUYER’s shipping and contact information up-to-date with Owner to ensure proper shipment of the BUYER’s Pre-Order. Please email us at email@example.com should the BUYER need to update any BUYER’s info.
You will be charged when the BUYER places the BUYER’s Pre-Order. If we’re unable to ship the BUYER’s Pre-Order one-year from order placement, we’ll provide a full refund at the BUYER’s request. No discounts, refunds or credits will otherwise be offered due to any such delays.
DISCLAIMER: THIS SUMMARY OF PRE-ORDER TERMS & CONDITIONS (THE “SUMMARY”) IS INTENDED TO ASSIST YOUR REVIEW OF OUR TERMS (AS DEFINED BELOW). THIS SUMMARY IS IN NO WAY INTENDED TO BE COMPREHENSIVE AND ANY CONFLICTS WILL BE GOVERNED ENTIRELY BY THE TERMS BELOW.
FULL PRE-ORDER TERMS & CONDITIONS
These Pre-Order Terms and Conditions (these “Terms”) governing the placing of pre-orders (“Pre-Order”) with BROOKLYNESS, INC. (the “Company”) for the Product (as defined below). Please read these Terms carefully before submitting the BUYER’s Pre-Order of any BROOKLYNESS, INC. Products. By submitting the BUYER’s Pre-Order, the BUYER agrees to be legally bound by these terms.
SECTION 1 – PRODUCTS
You may pre-order BROOKLYNESS, INC. Products, separately or in combination with each other. The Company may also make other BROOKLYNESS, INC. labeled products available for pre-order in its discretion (collectively, the “Products”).
SECTION 2 – PRE-ORDER REGISTRATION
When placing a Pre-Order, the BUYER will be required to provide certain information, such as the BUYER’s address and billing information. You represent and warrant that all such information is accurate, and the BUYER shall ensure that such information is kept current. The Company shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update the BUYER’s information at any time prior to the BUYER’s Product being shipped by sending an email to firstname.lastname@example.org.
SECTION 3 – PAYMENT
To be registered to a Beyond subscription, BUYER must provide OWNER with a valid credit or debit card number and expiration date or other valid payment method information. BUYER represents and warrants to OWNER that BUYER is authorized to use any credit or debit card information BUYER furnishes to OWNER. By providing the BUYER’s payment method, You agree that OWNER is authorized to charge You for the BUYER’s subscription and any other fees incurred by BUYER under this Agreement, including all applicable governmental and regulatory charges and applicable sales and other taxes.
If Your payment method expires and You do not update the BUYER’s information or cancel the BUYER’s account, You authorize us to continue billing, and You will remain responsible for any uncollected amounts. We reserve the right to retry billing all payment method(s) on file after any failed billing attempt. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
BUYER agrees that OWNER may, in its sole discretion, pay all traffic tickets, impound fees, fines and/or charges on BUYER’s behalf directly to the appropriate authority or applicable party. If OWNER is required to pay and/or process such fees or associated costs, BUYER agrees that OWNER may charge You for the amount OWNER pays plus a reasonable administration charge for dealing with these matters; OWNER will provide notice of any such costs or fees.
In the event OWNER uses a third party collection and/or administrative agent to resolve any tickets, damages, infringements of law or of this Agreement, fines and/or penalties, BUYER agrees to pay all costs and collection fees including, but not limited to, administrative and legal costs to such agent upon demand without protest.
If BUYER disputes any charge on BUYER’s payment method, then BUYER must contact OWNER within 10 business days from the end of the month with the disputed charge, and provide to OWNER all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times of the ride associated with the disputed charge. BUYER agrees to immediately inform OWNER of all changes relating to the payment method.
If You have agreed to make automatic or recurring payments, such payments will continue until the BUYER cancel or the BUYER’s account is terminated. You can cancel by following the instructions on the OWNER App. If the BUYER cancels, You may use any remaining balance on the BUYER’s account but may not be able to continue using OWNER Services until the BUYER have reauthorized an applicable payment method. OWNER may continue to charge the BUYER’s payment method for any additional fees or charges incurred under this Agreement.
Referral and/or Promotional Codes. OWNER may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be used for discounts or credits on OWNER Services or other features or benefits provided by OWNER, subject to any additional terms that OWNER establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, unless expressly permitted by OWNER; (iii) may be disabled by OWNER at any time for any reason without liability to OWNER; (iv) may only be used pursuant to the specific terms that OWNER establishes for such Promo Code; (v) are not valid for cash; (vi) may be subject to quantity or value limits; and (vii) may expire prior to the BUYER’s use. OWNER reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by the BUYER or any other user in the event that OWNER determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of this Agreement or specific terms applicable to such Promo Codes.
SECTION 4 – SHIPPING
The expected shipping date for Pre-Order Products will be clearly noted on each Product page, subject to reasonable delays in manufacturing and/or delivery. Such date is only an estimate, is subject to change, and the Company does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, AMMO Athletic is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. The Products will be shipped in the order in which the BUYER’s Pre-Order is received by the Company. Shipments will be made Monday – Friday, excluding holidays, unless otherwise noted.
SECTION 5 – NO CANCELLATION / REFUND
Once the BUYER place the BUYER’s order, the BUYER’s order is final, non-cancelable and non-refundable, except as specified in these terms and the applicable terms of sale.
SECTION 6 – TERMS & CONDITIONS OF SALE
The purchase of the Products is subject to additional terms and conditions provided by Company, including in respect of any software included in the Products or intellectual property embodied in the Products or data collected by the Products. The current Terms and Conditions of Sale can be found below in Terms of Service and are subject to change without notice. Your purchase of the Product will be subject to these Terms and Conditions and the refund policy
SECTION 7 – PRIVACY
SECTION 8 – DISCLAIMER
Except as expressly provided in the Company’s Terms and Conditions of Sale (found below in Terms of Service) and Returns Policy (found here), and to the maximum extent permitted by applicable law, the Products are provided “as is” and “as available”, with all faults and without guaranteed warranty of any kind, and the Company hereby disclaims all warranties and conditions with respect to the Products, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights.
SECTION 9 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Pre-Order Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between the BUYER and us and govern the BUYER’s use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the BUYER and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
WARRANTY – (Purchased Goods)
BROOKLYNESS, INC. guarantees each new Beyond product against defects in workmanship and materials for 1 year.
All original components are guaranteed for a period of 1 year from the date of purchase.
This warranty is expressly limited to the replacement of a defective frame, or defective parts and is the sole remedy of the warranty.
This warranty applies only to the original owners and is not transferable.
Proof of purchase is required. This warranty does not cover normal wear and tear, improper assembly or follow-up maintenance, or installation of parts or accessories.
The warranty does not apply to damage or failure due to accident, misuse, abuse, or neglect. Modification of the frame or components shall void this warranty.
BROOKLYNESS, INC. is not responsible for incidental or consequential damages.
Labor charges associated with parts changeovers are not covered by the warranty.
This warranty does not affect the statutory rights of the consumer.
SMS Communication Opt-In
Recommended Terms of Service
Beyond Messaging Terms & Conditions
Effective Date: November 07, 2020
This SMS message program is a service of Beyond. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from Beyond. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give Beyond permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.
Message frequency may vary. Beyond reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Beyond also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Beyond, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Beyond and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Beyond through any other programs you have joined until you separately unsubscribe from those programs.
Help or Support
Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF Beyond OR ANY PARTY ACTING ON BEHALF OF Beyond BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO Beyond HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF Beyond HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE Beyond MESSAGING PROGRAM. Beyond AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.
To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless Beyond, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from Beyond or its service providers.
Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from Beyond or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Beyond ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Beyond to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and Beyond will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
No Class Actions
YOU AND Beyond AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Beyond agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and Beyond are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
No Class Actions.
YOU AND Beyond AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Beyond agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision.
Notwithstanding anything to the contrary in these Messaging Terms, if Beyond makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Beyond’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Beyond
If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
Changes to the Messaging Terms
We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from Beyond after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.
These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and Beyond concerning the Messaging Program.
Please contact us with any inquiries or concerns at email@example.com or write to us at: 368 Broadway, Suite 507, New York, NY 10013
Questions and contact information
If the BUYER would like to: access, correct, amend or delete any personal information we have about the BUYER, register a complaint, or simply want more information contact our Privacy Compliance Officer at firstname.lastname@example.org or by mail at
Brooklyness, Inc. dba Beyond
[Re: Privacy Compliance Officer]
368 Broadway Suite 507 New York, NY 10013 USA
Copyright © 2020 Beyond.