Last updated: March 05, 2022
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: Florida, United States
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Gear4Here LLC, PO Box 2489, Santa Rosa Beach, FL 32459.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Promotions refer to contests, sweepstakes or other promotions offered through the Service.
- Service refers to the Website.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Gear4Here, accessible from https://gear4here.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Terms of Rental
This Rental Agreement (“Agreement”) is between Gear4Here, LLC, a Florida limited liability company dba ElectricBikes2U (“Lessor” or “Company”), and the undersigned lessee(s) (“Lessee”).
- Equipment and Term. Lessee agrees to lease from Lessor; and Lessor agrees to lease to Lessee, the reserved rental equipment (“Equipment”), which is subject to all terms and conditions of this Agreement, for the term agreed upon and paid for in advance by Lessee (the “Rental Term”).
- Delivery and Return. The Equipment will be delivered to Lessee on the designated Delivery Date, and will be picked up by Lessor on the Termination Date. Lessee shall be responsible for ensuring the Equipment is ready for pickup by 8:00 a.m. on the Termination Date. If an electric bicycle or scooter (each, an “Electric Vehicle” or “EV”) is being rented and if any keys are misplaced or not returned, a $20 charge per key will be charged to the card on file. The Equipment and all equipment on and related to the Equipment shall be returned in the same condition as when received, ordinary wear excepted.
- Rental Fees. Lessee agrees to pay the Rental Fee plus applicable taxes and delivery fee for the Rental Term. Such Rental Fee shall be paid in full in advance.
- Credit Card Guarantee. Lessee agrees to furnish Lessor with a valid credit card number to guarantee availability of Equipment rental. If Lessee does not provide a valid credit card, Lessor has right to cancel this Agreement. Once the credit card is on file, Lessor shall be entitled to charge said credit card for the following items:
- Rental Fees;
- Cancellation Fees;
- Lost or Misplaced Key Fees;
- Late Fees; and
- Any Damages to the Equipment.
- No Credit Card Charge-Backs. Lessee hereby agrees that any charges to his/her credit card for fees due under this Agreement are non-refundable and cannot be reversed by Lessee’s credit card company; said charges and/or disputes shall be settled solely between Lessor and Lessee and shall not be adjudicated by the credit card company.
- Cancellation. Lessee shall not be entitled to a refund of any portion of the Rental Fee due to the cancellation of the Equipment reservation prior to or during the Rental Term (“Cancellation Fee”). This Cancellation Fee will be charged to Lessee’s credit card on file.
- Early Return. Lessee shall not be entitled to a refund of any portion of the Rental Fee due to the return of the Equipment prior to the Termination Date.
- Late Return. Lessee shall be responsible for paying any additional time the Equipment is kept beyond the Rental Term (“Late Fee”). The Late Fee shall be the greater of the existing rate per this Agreement or the average daily rental rate per item being rented (“ADR”). Lessor may, in Lessor’s sole discretion, extend the Rental Period if available and upon Lessee’s approval of the additional cost in advance.
- Use of Equipment.
- Minimum Age. Lessee shall be at least the age of eighteen (18) years old at the time of signing this Agreement.
- Authorized Lessees. Only the individual(s) signing this Agreement as Lessee is permitted to operate the Equipment.
- Non-Transferability. Lessee may not sublease the Equipment. This Agreement is non-transferable and non-assignable.
- Equipment and Operation of the Equipment. Operation of the Equipment is subject to all laws, ordinances, rules, regulations within this jurisdiction. Lessee is responsible for compliance with all applicable state and local traffic laws when operating any EV that is being rented. Lessee agrees NOT to allow operation of an Electric Vehicle by anyone not listed on this Agreement; violation of these terms shall be deemed a material breach this Agreement. Lessee is not permitted to operate the EV while consuming or while being under the influence of alcohol. It is against the law to drink and drive any EV. Lessee assumes all rights, responsibilities, damages, and any obligations due to Lessor should Lessee be in violation of driving under the influence.
Operation of an EV is NOT permitted on any highways or public roadways without a designed bicycle lane, and shall be used only within the boundaries discussed at time of rental.
f. Maximum Occupancy. Lessee agrees to operate Equipment within the occupancy and safety requirements set by the Equipment’s manufacturer.
- Violation. In the event Lessee is in violation of this Agreement, Lessor may repossess the Equipment without notice to Lessee, and retain Lessee’s Rental Fee, Taxes, Delivery Fee or applicable damages caused by Lessee while under this Agreement.
- Assumption of Risk. Lessee agrees to accept all risks associated with the use and operation of the Equipment. Lessee hereby releases, holds harmless, and indemnifies Lessor, together with their officers, directors, employees and agents of Lessor, from any and all liability related to any damages or losses incurred as a result of:
- Lessee’s failure to fulfill any condition of this Agreement;
- Injury or property damage arising or if in any way connected with the Equipment’s operation, regardless of whether Lessee was operating the Equipment at the time of the incident; or
- Lessee’s failure to comply with any applicable Federal, State, or local laws.
- Responsibility for maintenance, Repairs, and Licensing. Only Lessor or its designee is authorized to perform repairs or mechanical maintenance on the Equipment. Lessor shall be responsible for any licensing requirements and fees mandated by state or local law.
- Enforcement; Collections; Venue. Should Lessee default under any terms of this Agreement, Lessor shall be entitled to proceed with its available legal remedies against Lessee without further notice to Lessee. Further, Lessee shall reimburse Lessor for all reasonable attorney’s fees and costs associated with enforcing the terms of this Agreement, including any trial and/or appellate fees/expenses, and including also including those fees/costs incurred to litigate the amount of fees/costs owed to Lessor, plus interest on the unpaid balance in the amount of eighteen percent (18%) per annum or the maximum amount allowable by law. Further, this Agreement shall be interpreted according to the laws of the State of Florida. Venue for any action arising out of or related to this Agreement shall be exclusively in Okaloosa County, Florida. Further, in the event of Lessee’s breach of this Agreement, Lessee agrees that any judgment arising out of Lessor’s collection efforts shall be subject to garnishment.
- Waiver of Jury Trial. If any litigation arises out of or relating to this Agreement, the undersigned parties hereby KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAVE THEIR RIGHT TO A TRIAL BY JURY.
Entire Agreement. This Agreement shall be binding upon the heirs, personal representative, successors and assigns of the parties. This Agreement cannot be amended or altered except by a writing signed by both parties hereto. This is the sole agreement between the parties and supersedes all prior agreements between the parties; therefore, any representations, inducements, promises or agreements between the parties not contained in this Agreement or a subsequent writing signed by the parties will not be enforceable.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions you can contact us by email at customersupport@gear4here.com.