Terms of Use and Disclaimer
THE SERVICE, VEHICLES SOLD THROUGH THE SERVICE AND ALL CONTENT AVAILABLE ON THE SERVICE ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. Rosie’s Rentals, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE SERVICE, VEHICLES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
YOU EXPRESSLY AGREE THAT RIDING AND OPERATING ELECTRIC VEHICLES, INCLUDING GOLF CARTS, CARRIES INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND YOU VOLUNTARILY ASSUME ALL SUCH RISKS.
Indemnification
You agree to indemnify and hold Rosie’s Rentals, LLC and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise seek to make available through the Service, your use of the Service, your use of the vehicles, vehicles you make available for sale through the Service, your violation of the Terms, or your violation of any rights of another person or entity.
Termination
You agree that Rosie’s Rentals, LLC may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees you owe in connection with the Service. Termination of your account may include (x) removal of access to all offerings within the Service, (y) deletion of your User Data and content associated with or inside your account, and (z) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Rosie’s Rentals, LLC’s sole discretion and that Rosie’s Rentals, LLC shall not be liable to you or any third party for any termination of your account or access to the Service.
Applicable Laws
This Service is controlled by Rosie’s Rentals, LLC from its offices within the United States of America. Rosie’s Rentals, LLC makes no representation that the Service is appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this Service from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. Any action related to the Service, the Content or the Terms shall be governed by the laws of Virginia and controlling U.S. federal law, without regard to conflicts of laws thereof. You and Rosie’s Rentals, LLC agree that any claim arising out of or related to these Terms will be resolved by mandatory, binding arbitration by a single arbitrator under the auspices of JAMS, in Virginia, with the parties sharing equally the costs of arbitration. Arbitration will proceed according to JAMS’ Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules. The foregoing does not limit either party’s right to provisional or ancillary remedies from a court of competent jurisdiction before, after or during the pendency of any arbitration, and the exercise of any such remedy does not waive either party’s right to arbitration.
To the full extent permitted by law you agree: (1) not to join arbitration with any other party; (2) not to bring any claim or seek resolution of any dispute on a class-action basis or to utilize class-action procedures; and (3) not to bring any claim or seek resolution of any dispute in a purported representative capacity on behalf of the general public or any other persons. You specifically waive any purported rights to the contrary.
Judgment on an arbitration award may be entered by any court with competent jurisdiction. If any party brings a claim or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party shall recover against the other party, in addition to all fees, costs and disbursements, such sum as the court or arbitrator may determine to be reasonable attorneys’ fees.
Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one year after such claim or cause of action arose or be forever barred. The Sections entitled User Conduct, Dealings with Third Party Service Providers and Advertisers, Proprietary Rights, Disclaimer of Warranties and Liability, Indemnification, Applicable Laws and General shall survive termination of your account and/or the Terms.
General
You agree that no joint venture, partnership, employment or agency relationship exists between you and Rosie’s Rentals, LLC as a result of the Terms or your use of the Service. The Terms constitute the entire agreement between you and Rosie’s Rentals, LLC with respect to your use of the Service.
The failure of Rosie’s Rentals, LLC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Rosie’s Rentals, LLC. Rosie’s Rentals, LLC has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Service.
Rosie’s Rentals, LLC’s notice to you via email, regular mail or notices or links on the Service shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Section titles and headings in the Terms are for convenience only and have no legal or contractual effect.
Any rights not expressly granted herein are reserved.
Amendment of Terms
Rosie’s Rentals, LLC may amend these Terms from time to time by posting an amended version at its website and sending you written notice thereof. Such an amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”). However, if you have an active transaction pending on the Service and give Rosie’s Rentals, LLC written notice of rejection of the amendment prior to the Proposed Amendment Date, these Terms will continue under their original provisions and the amendment will become effective when that transaction closes or is withdrawn from the Service. If you have not prepaid for a time-based membership and object to any such changes, your sole recourse shall be to discontinue use of the Service. Your continued use of the Service following the Proposed Amendment Date will constitute your acceptance of such changes.
Support and Questions
If you have any questions regarding these Terms, please contact us by email at https://www.rosies-e-bike-rental.com
Rosie’s Rentals, LLC
These terms (the “Terms”) apply to your use of the electric vehicle (electric scooters, bikes, mopeds, and golf carts — together “Vehicle”) rental applications and services (together the “Service”) provided by Rosie’s Rentals, LLC. You may use the Service to rent a vehicle, test ride a vehicle, or purchase a vehicle. In any of those situations, when you register for the Service or use any part of the Service, you agree to follow and be bound by the Terms.
You represent that you are of legal age to form a binding contract and are not a person barred from forming a contract under the laws of any applicable jurisdiction. The Service is not intended for and is not designed to attract children under 14 years of age. If you do not agree with the Terms, you are not permitted to use the Service.
Rosie’s Rentals, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or any portion thereof with or without notice. You agree that Rosie’s Rentals, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any portion thereof.
REGISTRATION FOR SERVICE
To use the Service, you must register on Rosie’s Rentals, LLC’s website or mobile app. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (“User Data”) and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that Rosie’s Rentals, LLC may use your User Data to provide the Service. If you provide any information that is inaccurate or not current, or Rosie’s Rentals, LLC has reasonable grounds to suspect that such information is inaccurate or not current, Rosie’s Rentals, LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Service. Your mobile network’s data and messaging rates and fees may apply if you access or use the Service from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and any updates thereto. Rosie’s Rentals, LLC does not guarantee that the Service, or any portion thereof, will function on any particular hardware or devices. In addition, the Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
USE OF VEHICLES
Vehicles may not be used:
(a) by persons who are younger than 18 years old
(b) to carry other persons including children beyond designed seating capacity
(c) to transport flammable, explosive, toxic or dangerous materials or substances
(d) to participate in races
(e) in stormy weather or other conditions that may cause damage to vehicles or injury to people or other property
(f) under the influence of alcohol or drugs
You are obliged to obey all road, traffic, property, and safety laws and regulations.
Unauthorized modifications or alterations to vehicles are not allowed.
If Rosie’s Rentals, LLC becomes aware of unauthorized or improper use of vehicles, Rosie’s Rentals, LLC may close your account and block you from using the Service in the future.
You may not change, tamper with, or provide the provided lock or access credentials to third parties. In cases where it is found that a lock or digital ignition has been tampered with, a penalty of $250 will be applied.
If you park a vehicle on private property, it is your responsibility to ensure that all regulations for use and parking are followed.
Rosie’s Rentals, LLC may remove vehicles from the Service in its sole discretion for any reason.
GOLF CART RENTALS (SELF-SERVICE)
Rosie’s Rentals, LLC may make golf carts or other Low Speed Vehicles available for self-service rental through the Service. These rentals are accessed, unlocked, operated, and returned using Rosie’s Rentals, LLC’s mobile application without in-person assistance.
Golf cart rentals are intended for use only within designated private properties, including but not limited to campgrounds, RV parks, resorts, and similar locations approved by Rosie’s Rentals, LLC (each, a “Property”). Golf carts may not be removed from the Property or operated on public roads unless expressly permitted by Rosie’s Rentals, LLC and applicable law.
You agree to comply with all Property rules, including speed limits, restricted areas, passenger limits, and operating hours.
Your rental period begins when the golf cart is unlocked and ends only when the golf cart is returned to the designated location and the rental session is properly ended in the mobile app.
Failure to properly return a golf cart or end a rental session may result in additional charges.
RESPONSIBILITY DURING RENTALS
You are responsible for the vehicle from the moment it is unlocked until it is properly returned. You may be charged for repair costs, cleaning, recovery, loss of use, or full replacement if a vehicle is damaged, lost, stolen, improperly parked, removed from authorized areas, or otherwise misused.
FLEET TELEMETRY, GPS TRACKING, AND REMOTE DISABLE
You acknowledge and agree that vehicles may be equipped with telemetry systems, including GPS tracking, cellular connectivity, motion sensors, and remote control or immobilization capabilities.
Rosie’s Rentals, LLC may collect and use telemetry data including location, usage patterns, speed, battery status, and operational data for safety, theft prevention, billing, fleet management, enforcement of these Terms, and compliance purposes.
Rosie’s Rentals, LLC reserves the right, in its sole discretion, to remotely disable, immobilize, restrict, or limit the operation of any vehicle if Rosie’s Rentals, LLC reasonably believes that the vehicle is being misused, operated outside authorized areas, stolen, unsafe, or in violation of these Terms. Remote disablement may occur without notice and does not relieve you of liability or payment obligations.
THEFT OR ACCIDENT
If a vehicle is stolen during a test ride or rental, you must report the theft immediately to Rosie’s Rentals, LLC and to the police and promptly provide the police report number to Rosie’s Rentals, LLC. Rosie’s Rentals, LLC may charge you the purchase price or replacement value of the vehicle at its discretion.
If you are involved in an accident that results in injury or damage to you, the vehicle, a third party, or property, you must report the accident immediately to both the police and Rosie’s Rentals, LLC and provide the police report number.
CONDITIONS FOR BUYERS
If you are a test rider or buyer, it is your responsibility to understand how the vehicle works and ensure it is safe and roadworthy before use.
If you discover defects or damage, you must stop using the vehicle and contact Rosie’s Rentals, LLC immediately.
LIABILITIES
You acknowledge and agree that use of the Service and vehicles is at your own risk. You take full responsibility for any damages or injury due to your actions while using the Service and vehicles.
You accept liability for all costs and damages that occur due to noncompliance with these Terms.
PAYMENTS
You must add a valid payment method to your account. You agree to pay all fees, charges, penalties, and taxes incurred in connection with your use of the Service.
USER CONDUCT ON THE SERVICE
You are responsible for the security of your password and access to your account. We use reasonable security measures to protect against unauthorized access to your account but no service is completely secure from unauthorized intrusion. You agree to immediately notify Rosie’s Rentals, LLC of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Data and any other information you provide to Rosie’s Rentals, LLC.
You agree not to (and do not allow any third party to) (a) access the Service by any means other than through the interface that is provided by Rosie’s Rentals, LLC for use in accessing the Service; (b) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, rent, lease, loan, sell, distribute or create derivative works based on the Service, the software or Content available on the Service (other than Content that you may submit), in whole or in part;(c) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (e) access (or attempt to access) the Service or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), (f) forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Service, or (g) use the Service other than for its intended purpose, as determined by Rosie’s Rentals, LLC.
You acknowledge, consent and agree that Rosie’s Rentals, LLC may access, preserve and disclose your User Data, Payment Method information and other information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any material on the Service violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Rosie’s Rentals, LLC, its users and the public. Subject to the foregoing, Rosie’s Rentals, LLC will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.
You may connect with other users and share information online through the Service. Rosie’s Rentals, LLC has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the Service. Rosie’s Rentals, LLC shall have no responsibility to confirm the identity, qualifications, background, or abilities of users. You shall at all times exercise common sense and good judgment when dealing with any user of the Service.
DEALINGS WITH THIRD PARTY SERVICE PROVIDERS AND ADVERTISERS
Rosie’s Rentals, LLC may place ads in the Service and/or provide links to websites, products and services offered by third parties. Rosie’s Rentals, LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, product, service or other materials on or available from such sites or resources.
PROPRIETARY RIGHTS
You acknowledge and agree that the Service, any necessary software used in connection with the Service (if any) and any content available on the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
The term Rosie’s Rentals, LLC, the Rosie’s Rentals, LLC logo and other Rosie’s Rentals, LLC logos and product and service names are the exclusive trademarks of, and are owned by, Rosie’s Rentals, LLC, Inc., and you may not use or display such trademarks in any manner without Rosie’s Rentals, LLC’s prior written permission. Any third party trademarks or service marks displayed on the Service are the property of their respective owners.
If you have any questions regarding these Terms, please contact us by email at https://www.rosies-e-bike-rental.com
Rosie’s Rentals, LLC reserves all rights not expressly granted hereunder.
