Agreement between user & Statewide Mobility Inc

Terms & Conditions

Welcome to www.mobilityscootersdirect.com. The Mobility Scooters Direct’s website (the "site" or "website") is comprised of various web pages operated by Statewide Mobility, Inc ("Statewide Mobility"). Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Statewide Mobility Inc's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website. Please read these terms carefully, and keep a copy of them for your reference.

www.mobilityscootersdirect.com is a product informational website with manufacturer specifications.

The purpose of this website is to provide information on the products manufactured by our manufacturing partners. Aside from taking products in to film video reviews and to take pictures of products, none of our products are ever touched by a Mobility Scooters Direct employee or representative. They ship from the manufacturer's warehouse and go straight to the customer's shipping address unless purchased in one of our showroom locations.  

Liability Waiver

By buying on our website or showroom(s) you agree to our waiver of liability and understand that you must operate the product you are purchasing as described by the manufacturer in the user manual. You also understand and agree that Statewide Mobility Inc (DBA Mobility Direct) is not responsible or liable for any expenses that may arise from injury or death when using the product you purchased from our online store or in person at one of our showrooms. When you purchase from our website or showroom(s), you are waiving any right to litigation against us should you ever endure an injury or death from using a product purchased from Statewide Mobility Inc DBA Mobility Scooters Direct. As a consumer, you must take the time to read the user manual that comes with the product you purchase in order to understand how to safely operate your mobility product. Failure to do so may result in injury and or death. 

 

By purchasing a product from Statewide Mobility Inc DBA Mobility Scooters Direct you are required to fully understand and agree to and understand the terms & conditions set forth on this page. You also are required to fully understand and agree to the return policy when purchasing an item from Statewide Mobility Inc. By purchasing a product from our company, you are agreeing to responsibly study the user manual in order to operate the mobility product safely. By checking the terms & conditions checkbox found on the check out page of our website prior to submitting payment for a new product, you are entering a general covenant not to sue Statewide Mobility Inc (or any of it's affiliated entities) for any matters related to an injury or death caused by operating your mobility device(s). 

Additional Terms of Use

Though every effort is made to represent accurate and up-to-date information, this website may include inaccuracies due to manufacturers constantly changing product designs and other reasons. Mobility Direct and the manufacturers we partner with may also supply parts that are manufactured and/or supplied by third-party affiliate companies such as Monarch, Diestco, Amazon, or other large retailers. Changes and additions are routinely made to the information on our website. Statewide Mobility Inc may make additions and/or changes to this website and/or the services described at any time without notice.

Shipping is NOT free on open-box or returned products that are sold at a discount. Pricing on open-box or used products that were returned are sold with a manufacturer warranty from the original date of purchase, not from the day it is resold. Pricing on open-box or returned products are subject to change at any time without notice. 

Privacy

Your use of www.mobilityscootersdirect.com is subject to Mobility Scooters Direct Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.mobilityscootersdirect.com or sending emails to Mobility Scooters Direct constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on our website, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge and agree that Mobility Scooters Direct is not responsible for third party access to your account that results from theft or misappropriation of your account. Mobility Scooters Direct and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Where Mobility Scooters Direct "sole discretion" appears in these Terms, it is understood and agreed that the exercise of Mobility Scooters Direct sole discretion shall be at any time, without notice.

Mobility Scooters Direct.com does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.mobilityscootersdirect.com only with the permission of a parent or guardian.

At any time, our website may undergo maintenance without notice rendering the "your account" section of the website unavailable to you the customer. 

Links to third party sites/Third-party services

www.mobilityscootersdirect.com contains links to other websites ("Linked Sites"). The Linked Sites are not under the control of Mobility Scooters Direct and Mobility Scooters Direct is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Site. Mobility Scooters Direct is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mobility Scooters Direct of the site or any association with its operators.

Certain services made available via www.mobilityscootersdirect.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.mobilityscootersdirect.com domain, you hereby acknowledge and consent that Mobility Scooters Direct may share such information and data with any third party with whom Mobility Scooters Direct has a contractual relationship to provide the requested product, service or functionality on behalf of www.mobilityscootersdirect.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.mobilityscootersdirect.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Mobility Scooters Direct that you will not use the website for any purpose that is unlawful or prohibited by these terms. You may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the website, is the property of Mobility Scooters Direct or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the website. Mobility Scooters Direct content is not for resale. Your use of the website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Mobility Scooters Direct and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Mobility Scooters Direct or our licensors except as expressly authorized by these terms.

Use of communication services

The website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the communication services only to post, send and receive messages and material that are proper and related to the particular communication service.

By way of example, and not as a limitation, you agree that when using a communication service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the communication services; violate any code of conduct or other guidelines which may be applicable for any particular communication service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Mobility Scooters Direct has no obligation to monitor the communication services. However, Mobility Scooters Direct reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion. Mobility Scooters Direct reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever.

Mobility Scooters Direct.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Mobility Scooters Direct’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any communication service. Mobility Scooters Direct does not control or endorse the content, messages or information found in any communication service and, therefore, Mobility Scooters Direct specifically disclaims any liability with regard to the communication services and any actions resulting from your participation in any communication service. Managers and hosts are not authorized Mobility Scooters Direct spokespersons, and their views do not necessarily reflect those of Mobility Scooters Direct.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to www.mobilityscootersdirect.com or posted on any Mobility Scooters Direct web page

Mobility Scooters Direct does not claim ownership of the materials you provide to www.mobilityscootersdirect.com (including feedback and suggestions) or post, upload, input or submit to any Mobility Scooters Direct or our associated services (collectively "Submission"). However, by posting, uploading, inputting, providing or submitting your submission you are granting Mobility Scooters Direct, and our affiliated companies and necessary sublicensees permission to use your submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your submission.

No compensation will be paid with respect to the use of your submission, as provided herein. Mobility Scooters Direct is under no obligation to post or use any submission you may provide and may remove any submission at any time in Mobility Scooters Direct’s sole discretion.

By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The service is controlled, operated and administered by Statewide Mobility from our offices within the USA. If you access the service from a location outside the USA, you are responsible for compliance with all local laws, rules and regulations. You agree that you will not use the Mobility Scooters Direct Content accessed through www.mobilityscootersdirect.com in any country or in any manner prohibited by any applicable laws, restrictions, rules or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Mobility Scooters Direct, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the website or services, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Mobility Scooters Direct reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with, and reimburse, Mobility Scooters Direct in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. STATEWIDE MOBILITY, INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME WITHOUT NOTICE.

STATEWIDE MOBILITY, INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. STATEWIDE MOBILITY, INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STATEWIDE MOBILITY, INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF STATEWIDE MOBILITY, INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

Statewide Mobility, Inc reserves the right, in its sole discretion, to terminate your access to www.mobilityscootersdirect.com and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the website. Use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mobility Scooters Direct as a result of this agreement or use of the Site. Mobility Scooters Direct’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mobility Scooters Direct's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by Mobility Scooters Direct with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Mobility Scooters Direct with respect to the website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mobility Scooters Direct with respect to the website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

Statewide Mobility, Inc reserves the right, in its sole discretion, to change the terms under which www.mobilityscootersdirect.com is offered. The most current version of the terms will supersede all previous versions. Mobility Scooters Direct encourages you to periodically review the terms to stay informed of our updates.  

Effective as of June 03, 2016