Terms of Service Agreement

READ CAREFULLY: This agreement sets forth the legally binding terms and conditions between you (known as “You” or “User”) and Newt Mobility, LLC (known as “Company” or “Newt”). 

By agreeing to use the service offered by Company, You agree to the essential terms and conditions of this agreement. You acknowledge having read this agreement prior to using Company’s service, and agree to be legally bound by this contract. 

You agree to all conditions related to waiver of claims, use of Company trademarks, use of Company software and websites, binding arbitration, indemnification, and class action waiver. You agree to waive your right to trial by judge and jury, and settle any disputes arising out of the relationship between You and Newt Mobility, LLC. in binding arbitration, with arbitration hearings held in Orlando, Florida. You agree to rent Company’s electric scooters under a revocable license, which is non-transferable. You agree that Company may incorporate additional terms of use, and conditions, into this agreement, and that these terms will apply unless the additional terms or conditions expressly state otherwise. By assenting to this contract, you acknowledge and accept Company’s privacy policy, and consent with the collection and use of User data in accordance with Company’s privacy policy. You agree that this contract is subject only to the jurisdiction of Florida courts. 

Price and Duration: You agree that the base price for Company’s service is a flat fee per use, plus a usage rate per minute. You agree that usage rates are calculated on a per-minute basis, and Company may calculate any portion of minute used as a full, 60-second, minute. You agree that Company may, utilize surge pricing in times where market conditions warrant. Surge pricing may increase, or decrease, the aforementioned flat fee and per-minute rates. Company agrees to notify user when surge pricing is employed, and obtain user consent to charge the agreed upon rate. Parties agree that price terms are in United States currency. 

Payment: You authorize Company to process payment on the credit or debit card you entered into company’s software application (app.). You warrant that the payment information imported is your own. You agree using another person’s data, without their consent, constitutes fraud, and renders this agreement ineffective.  Charges are non-refundable. Should Company, at its sole discretion, decide to suspend or terminate its subscription services, Company shall return unused funds solely in the form of promotional credits. User agrees such promotional credits constitute full consideration for the value of unused funds.

Free Trials: User agrees Company, for promotional purposes, may offer a free trial to access, use, and enjoy Company property. User agrees that such access, use, and enjoyment is subject to limited time and discounts. User agrees Company shall require users of free, or trial, offers to create an account; and input personal and financial information. User agrees that Company may take steps to ensure inputted credit card information is valid; and third-party banks or vendors may place a temporary hold on User’s account. User agrees and acknowledges the amount held is solely at the discretion of User’s financial institution, and Company is not liable for any refunds. User agrees Company has the right to end, or modify free offers, and other promotional offerings, at its sole discretion. 

Monthly Subscription Services: Parties agree Company may offer, and User may purchase, if offered, a Monthly Subscription Service. Subscription services are revocable licenses, and Company shall have the right to terminate a subscription at any time, for any reason. User agrees Company may refund any prorated value it deems appropriate to user in the form of promotional credits. User agrees said promotional credits constitutes full consideration for any balance associated with a terminated subscription.

Friends and Family Memberships: Parties agree Company may offer, and User may purchase, if offered, a Friends andFamily Membership Plan(Friends and Family Plans). Said plans would allow individual Users to apply ride credits purchased by an authenticated member of a group or family (e.g. pre-paid credits purchased by one User could be consumed by that User’s companion, spouse, partner, or adult children). Each user shall be approved (i.e. age 18 or over, with a driver’s license, and competent to contract etc.) under the terms and conditions of this contract prior to participation in a collective membership plan. Additionally, Users under a friends and family plan shall agree to Company’s Terms of Service prior to operating Company property. Each user agrees to privity of contract with Company, and assents to all terms and conditions of this contract.

 

License to Use: You agree that Company is granting you, upon payment, a revocable license to use Company’s property. You agree this license is non-transferable, and that User’s allowance of another person, or persons, to use Company’s property constitutes a material breach of this contract. You expressly agree to be the sole User of the property (i.e. electric scooter). You further agree that User’s negligent or reckless use of Company’s property may result in an immediate revocation of User’s license. User shall be solely responsible for any damage caused to Company’s property, damages caused to User, and damages caused to third parties. 

License Terms and Conditions: User agrees expressly to the following terms and conditions. User agrees that non-compliance with any of these terms and conditions constitutes User breach of contract, negligence, or recklessness, and revokes the User’s license to rent Company’s property:

1. Sole Renter. User agrees he or she is the sole renter, and is legally responsible for compliance with the terms and conditions of this contract. 

2. Safety Check. User agrees to perform a safety check of Company property prior to use. User agrees to perform a reasonable safety inspection, including, but not limited to the safe condition of: wheels, brakes, lights, frame, battery power, existing charge, excessive or unusual wear, and mechanical problems. User agrees not to use Company property if User notices an obvious, or potential, safety issue. User further agrees to notify Company immediately of the safety issue. 

3. Charge and Connectivity. User agrees to ensure ample battery charge for his or her mobile device; and agrees to ensure adequate internet connectivity. User agrees failure to maintain adequate battery charge, or internet connectivity, may result in User’s inability to lock Company’s property adequately; and may result in monetary charges. User accepts liability for any charges incurred due to idleness of Company’s property related to User’s failure to maintain a charge, or internet connectivity, to his or her wireless device. User agrees to contact Company immediately should charges be incurred due to idleness caused by User’s device battery failure, or loss of internet connectivity. 

4. Modification of User Agreement. User agrees that Company may modify this agreement. Parties agree that Company shall notify User of any changes via email, or notification via Company’s mobile application. User agrees that use of Company’s service after Company’s notification to User, shall bind both parties to the terms of the modified agreement. 

5. Discounts and Promotional Codes. User agrees Company may use discounts, or promotional codes, redeemable only via Company’s mobile application (app). User agrees that discounts and promotional codes are limited to one customer, and one account only. User agrees that discounts and promotions are non-transferrable and shall not be combined. User agrees that User cannot sell Company discounts and promotional codes, and User agrees not to buy, or accept, discounts or promotional codes offered by a third party.  

6. Safety Equipment. User agrees to wear suitable clothing, apparel, shoes, and equipment needed to operate Company’s property safely. User agrees sandals, high-heeled shoes, and shoes with no, or limited, grip are inappropriate. User further agrees to avoid the use of scarfs, bags, or accessories that may interfere with safely operating Company property. User agrees to the use of protective elbow pads, protective kneepads, and protective headwear in accordance with local ordinances. 

7. Definition of Property. User accepts that the term “property” may refer to Company’s chattels (e.g. electric scooters) and intellectual property, such as trademarks, copyrights, software, websites, and applications (i.e. apps). 

8. Locking Mechanism. User agrees to use only locking mechanisms provided by Company. 

9. Travel Beyond Permissible Range. User agrees to operate Company property only within the scooter’s programmed geographic range. User agrees that Company’s property is enabled with Global Positioning System (GPS) technology, and Company property is programmed to safely diminish scooter speed, once a User exceeds the scooter’s prescribed geographic range. User agrees not to modify, dismantle, tamper with, destroy, or steal the GPS technology affixed to the scooter. User agrees and acknowledges GPS technology is generally accurate, but possibly incapable of precision accuracy. User agrees that operation of Company property is possible outside the programmed geographic range; and User accepts full responsibility for violation of any laws or ordinances applicable after the crossing of municipal boundaries.  

10. Pick-up Fee. User agrees that parking company property outside the permissible geographic range may result in a pick-up fee up to $25. User further agrees Company may process up to a $25 charge to the User’s credit card or debit card.

11. Responsible for Damages. User accepts full legal responsibility for all compensatory damages, incidental damages, consequential damages, and punitive damages arising from User’s use of Company property. To the extent of Florida law, User acknowledges full financial responsibility for losses, claims and liability arising under User’s use of company property. Including, without limitation: (a) physical or mechanical damage; (b) loss due to theft; (c) physical damage resulting to property by user, or vandalization; (d) bodily injury to User or a third party; or (e) third party claims arising under User’s license to use Company’s property. 

12. Indemnification. User agrees to full indemnification of Newt Mobility, LLC, its officers, executives, agents and employees. User will indemnify, protect, defend, and hold harmless Company, its premises, partners, investors, and lenders against any and all claims of loss, damages, liens, judgments, attorneys’ fees, expenses and liabilities arising out of User’s connection with Company. You agree to indemnify Company from any damages resulting from your negligent or reckless actions, and damages resulting from your breach of this agreement.  

13. Capacity to Contract. User attests he or she is at least 18 years old, and possesses a valid driver’s license issued by U.S. State or Territory, or foreign government. 

14. Competency. User attests he or she is competent to contract, and competent to operate Company’s property, and suffers no medical or cognitive impairment that would increase risks to User, third parties, or Company. 

15. Operating Conditions. User agrees to operate property with due care at all times, including taking needed precaution to limit, or avoid, use of Company property during inclement weather, including rain, fog, and periods of lightning activity. User assumes all responsibilities for operating risks associated with daylight, darkness, glare, road, curb, and sidewalk conditions. 

16. Weight. User acknowledges he or she does not exceed a weight of 220lbs (100kg), the maximum passenger weight established by the scooter manufacturer. 

17. Intoxication and Cognition. User agrees he or she shall not be intoxicated, or under the influence of any drugs or alcohol, while operating Company property. While prescription medicine that does not affect user balance or cognitive processes are permitted under this agreement, User agrees non-prescription medications affecting User balance or cognition are prohibited. User agrees he or she is not intoxicated, or under the influence of any drugs or alcohol while entering this agreement. 

18. Driving Record. User agrees that he/she has a minimum of one-year driving record; and has a responsible driving record.

19. Theft. User agrees Company has the right to maximize revenue from its tangible property. Thus, any attempt to maintain possession and control of Company’s property beyond the limited scope of this agreement, constitutes theft under Florida Statute 812.014, and subjects User to possible criminal action, treble damages, and payment of Company’s attorney’s fees and court costs, as applicable under Florida law. 

20. Geographic Scope of Rental Agreement. User agrees to geographical restrictions placed on Company’s property, and agrees not to transport Company’s property into any jurisdiction outside the scope of the rental agreement. User further agrees to pay any fines or fees incurred by a jurisdiction for violation of an electronic scooter prohibition ordinance, or other ordinance. Scooters are equipped with tracking technology. User agrees that taking Company’s property outside the prescribed geographic boundaries established at point-of-purchase will result in User’s breach of contract. Newt Mobility, LLC. collects and tracks travel usage of its property in accordance with Florida Statute 934.425.

21. Approval. User agrees that the license to rent Company property is contingent upon Approval, which requires uploading User’s driver’s license to Company; and further agrees Company the right to reject any application, or rescind approval at Company’s discretion. User understands and acknowledges Company may perform a motor vehicle record check to ensure truthfulness and eligibility. 

22. Duty of Care. User agrees to accept an ordinary standard of care for himself, or herself, third parties, the Company, and third party land or chattel, by following all laws and ordinances related to operating vehicles on public or private property. 

23. Property. User agrees Company is the exclusive owner of its property, and may not tamper with, modify, or repair Company property without the express permission of Company. User expressly agrees not to tamper with, modify, or disable a scooter’s GPS technology. 

24. 4 Hour Maximum Rental. User agrees the length of the rental period shall not exceed 4 hours, and that maximum charges accrue based upon a 24-hour billing cycle. User agrees that property un-returned beyond 12 hours is considered lost or stolen. User agrees compensatory damages shall include the cost of the property, plus consequential damages flowing from lost rental revenue. Consequential damages shall equal the average daily revenue generated by the missing property, multiplied by the number of days needed to replace the property, plus any administrative, marketing, accounting and legal costs associated with replacing the missing property. User agrees Company may charge User’s credit card or debit card for the cost of lost or stolen property, plus incidental costs.

25. Scooter Pick-up and Drop-off. User agrees to pick-up and drop-off Company property (i.e. electric scooters) at appropriate locations. User agrees not to block roadways, crosswalks, or the paths of pedestrians when dropping off a scooter. User agrees dropping or parking Company property on private property may constitute the civil torts of private trespass, or private nuisance. User agrees to accept all liabilities from tort claims of trespass or nuisance by private property owners, tenants or lessees. 

26. Prohibition of Commercial Use. User agrees to use Company property for non-commercial purposes only, and further agrees to pay for any damages caused to Company’s property. Users interested in using Company property for commercial use are encouraged to contact Company to discuss commercial applications for Newt’s scooters. Parties agree commercial usage requires a commercial agreement in writing. 

27. Police Report. User agrees to notify local police, and file a police report, related to of any theft, vandalism, damage, injury, or property damage resulting from use of the service. User further agrees to notify Company promptly of any theft, vandalism, damage, injury, or property damage resulting from use of the service.

28. Fines, Costs, and Penalties. User agrees to pay any fine, cost, fee or penalty—incurred by User or Company—due to User’s improper parking or use of Company’s property. User understands there is neither express nor implied confidentiality, and Company will provide government investigators, and law enforcement with assistance by providing requested information should company property be implicated in a crime, or ordinance infraction. User agrees that Company, at its discretion, may pay government imposed fines or penalties incurred by User, and User agrees to pay Company the total amount, plus a reasonable administrative fee of 10%. To ensure re-payment, User agrees Company may charge User’s credit card or debit card, and User agrees to pay.

29. Right to Terminate. User agrees that Company may unilaterally revoke user’s license, and terminate User’s use of Company property. User agrees to stop use of the property upon revocation of the license, and pay any accrued costs up to the point of revocation. User acknowledges that Company cannot guarantee User access to property. Product availability is subject to market, weather and natural conditions.  

30. Product Ownership. User agrees that products and attachments are the physical and intellectual property of Newt Mobility, LLC, or its Vendors. User agrees not to dismantle, deface, modify, or repair any part of the product, trademarks, logos, and decals. Product or service advertising upon the property is prohibited. 

31. Parking. User agrees to park Company property in authorized areas only, with property in upright position. User agrees to park property safely, visibly, outside of high traffic areas, and take due care to use the product’s kickstand. User agrees not to lock the property, without the express written consent of Company. User agrees that leaving Company property on private property or inaccessible areas constitutes conversion of company’s property, and subjects User to paying the replacement cost of the property, up to $1,000, and reasonable expectancy damages. 

32. Intended Use. User agrees the intended use of Company’s property is micro-mobility within urban and suburban settings. User agrees to use product only on paved surfaces, and acknowledges racing, stunts, and acts of traveling on un-paved surfaces are strictly prohibited.

33. Uninsured Status. User understands his or her automobile or homeowners insurance is unlikely to provide coverage for micro-mobility services, such as those addressed in this contract. User should contact his or her insurance agent to ascertain coverage. 

34. Loss of Electric Charge. User acknowledges that electric scooters will lose their electrical charge based on usage, damage, or other factors. Non-performance of company property due to lost electrical charge, regardless of reason, operates as a revocation of User’s license. User remains liable for costs incurred to the point of license revocation. Company does not guarantee a length of charge, and User agrees to take care to select a scooter with ample charge to reach the desired destination.

35. Prohibited Acts. User agrees he or she will not engage in activities that increase the likelihood of injury, including, but not limited to:

1. Using cellphones, electronic devices, or cameras while operating the electric scooter. 

2. Carrying luggage, baggage, bulky accessories, packages, or any item that could reduce User’s ability to operate an electric scooter safely. 

3. Allowing additional passengers or children upon the scooter during its operation. 

4. Placing animals upon the scooter, whether the scooter is engaged or not. 

5. Removing company decals from the scooter, or defacing the scooter in any way.

6. Placing advertisements or stickers upon the scooter, as User possesses a non-commercial license.

7. Engaging in any commercial activity while operating the scooter. 

36. Minors. User agrees that parents and legal guardians who allow minors to use Company’s property are in violation of the terms of this agreement, and agree to accept full legal and financial responsibility for the actions of the minor, including, but not limited to: damages, liability, fees, costs, attorneys’ fees, judgments, or consequences foreseen or unforeseen. 

37. Compliance with Laws. User agrees to follow all laws, ordinances, and rules related to using electric scooters, including adherence to local helmet laws. User further agrees he or she is solely responsible and liable for violation of laws and ordinances. You agree to pay any fines, fees, or costs associated with your illegal activity, and agree to compensate Company for any costs it occurs related to your illegal activity. You authorize Company to charge your credit or debit card on file in the amount reasonable to cover said fees and administrative costs. You agree to pay all costs and fees associated with third party collection efforts. 

38. Responsibility for Scooter Damages. User agrees to accept responsibilities for damages caused during the rental, including costs associated with cleaning and repair. User agrees to return property to Company in the same condition as received. User acknowledges and accepts that property returned beyond repair may result in a replacement fee of up to $1,000.00, plus incidental damages resulting from lost revenue, until the replacement scooter enters circulation. 

39. Express Assumption of the Risk. User agrees that using Company’s product requires balance, and cognitive focus. User further agrees to assume all risk associated with use of Company’s product and services, and release Company from any or all claims, without limitation, flowing from the agreement between the parties. User agrees to hold harmless, and release Company from any claims flowing from contract law, torts, negligence, or any other legal or equitable theories. By expressly assuming the risk of this activity, User releases Company from any claims of money or equitable damages. This release includes consequential, compensatory, incidental or punitive damages flowing from User’s misuse, or use, of Company’s property and services. By expressly assuming the risk, User expressly releases Newt Mobility, LLC., its owners, managers, executives, employees, agents, investors, successors, assignees, licensees, franchisees, licensees, distributors, vendors, and authorized third-parties from liability.  By expressly assuming the risk of use of Company’s product and services, you—on behalf of your family, heirs, agents, affiliates, successors, assigns, or representatives—are fully, and forever, releasing Newt Mobility, LLC, and its owners, managers, executives, employees, agents, investors, successors, assignees, licensees, franchisees, distributors, vendors, and authorized third-parties from liability.  This is a general and complete release of all claims. You expressly agree, by assuming the risk of the activity, to indemnify Newt Mobility, LLC and its owners, managers, executives, employees, agents, investors, successors, assignees, licensees, franchisees, licensees distributors, vendors, and authorized third-parties, under any and all legal and equitable theories, for consideration in using Company’s product and service. 

40. Data Collection. User acknowledges, as part of Company’s business practices, Company collects and stores User data, in accordance with Florida and Federal law. User expressly agrees to allow Company to contact User via telephone, email, instant message, text, direct mail, or any means Company deems necessary to contact User. User acknowledges that usage data stored on company property belongs to Company. 

41. Disclaimer of Warranties. User agrees that Company disclaims all warranties, and that all physical and intellectual property is rented “as is”. 

42. Indemnification of Third Parties. User acknowledges that Newt Mobility, LLC. has contracted with third-party software, website, and applications providers, consultants, and professional service providers to process payment transactions, collect data, and provide technological, and administrative infrastructure for the performance of the contracted service. User agrees to indemnify third-parties, waive all claims, and hold harmless, companies and individuals contracted with Newt Mobility, LLC. to provide this service. 

43. License to Use Software. User acknowledges that Company’s mobile and website applications (apps) may consist of intellectual property of third parties, which Newt Mobility provides to User under license from the third parties. User agrees that his or her ability to use Company’s software is contingent upon Company maintaining licenses from third parties. Any revocation of a license by a third party will serve as good cause to revoke this User Agreement. User agrees that third parties may use data collected through performance of Company’s service to develop, and implement, management and marketing tactics.

44. Indemnification for Data Breach. User acknowledges that Newt Mobility, LLC., and its third-party vendors, affiliates, and supply chain partners will collect personal information about User. User further acknowledges that hackers, employees or contractors, could illegally obtain collected data. User agrees to indemnify Newt Mobility, LLC. and any, or all, third party against any claim resulting from a data breach. User agrees to waive any legal claim under a negligence theory, tort, contract law, or any legal theory of law of equity.

45. Account Registration. User agrees he or she shall create an account with Company, provide valid payment information, and provide accurate and true personal information prior to Company’s issuance of a license to use Company’s property. User acknowledges such information shall be entered, by User, via Company’s mobile application, and agrees that such data is accessible, and used, by third parties to facilitate this performance of Company’s services. User agrees that posting false data renders this agreement voidable by Company. User acknowledges that creating an account requires establishment of a password, and agrees User is responsible for protecting his or her password. User agrees to be liable for expenses and liability flowing from his or her negligence. User agrees that personally identifiable information is available to the holder of a username and password, and he or she will take reasonable efforts to protect this information.

46. Safety. User agrees Company’s property is not warrantied, and User accepts “as is”. Therefore, User agrees to reasonably inspect Company property for damage prior to purchasing the service. User acknowledges riding electric scooters may result in injury, and agrees to expressly assume any, and all, safety risks. User acknowledges that Company requires the use of safety helmets while operating Company property. Company requires Users wear Snell, CPSC, ANSI or ASTM approved helmets, which are correctly fastened, and fitted, in accordance with manufacturer guidelines. User agrees to abide by any, and all, local safety laws or ordinances. User agrees, on behalf of himself or herself, his family, heirs, and assigns, that neither Newt Mobility, LLC., its officers, managers, executives, employees, vendors, agents, distributors, affiliates or third parties are responsible for any injury or death suffered by You, User, while using Company’s services, whether or not You are wearing a helmet at the time of an accident.  

47. Additional Safety Measures. User agrees to take safety precautions not expressly mentioned by this agreement. User agrees that safe operation of Company’s property is solely User’s responsibility, and User agrees to accept all legal and financial responsibility, and liabilities, resulting from the un-safe operation of Company’s property. 

48. Newt Mobility, LLC. is not a Common Carrier. User agrees that Company is a provider of micro-mobility services, and is not a common carrier. Company does not maintain transportation routes.

49. Right to Publicity. User acknowledges that Company, for marketing purposes, has an interest in attracting new customers. User agrees that the rental of Company’s property, and use of service, acts as good and valuable consideration for granting Company the power to use User’s image and likeness. User agrees voluntarily, and irrevocably, to give Company, its successors, affiliates and assigns, the perpetual right, without limitation, to use User’s likeness, appearance, name, and voice, in photographs, videos, social media postings, advertising, publicity shots, or any advertising method. User’s consent extends worldwide in perpetuity. User further agrees that Newt Mobility, LLC., its successors, affiliates, or assigns shall own the copyrights of User’s image, likeness, and voice, and as copyright holder, Company has the right to use, reproduce, sell, distribute, and exploit its copyrights for financial gain. 

50. Social Media. User agrees that Company’s brand, trademarks, reputation, and copyrights constitute valuable intellectual property of Company. User agrees he or she will not post false, slanderous or libelous content related to the Company on social media websites. User agrees that sharing false, slanderous or libelous comments, pictures, or video content may damage Company, and Company may seek injunction, or other equitable relief, or pursue damages in accordance with the terms of this agreement. User agrees to compensate Company for any damages caused via violation of this agreement, including compensatory, consequential, and punitive damages. 

51. Permission to Download Company Applications. User agrees that Company is providing User with a limited, revocable, non-exclusive license to download, and temporarily store Company applications (apps) on User’s digital devices for the express purpose of facilitating transactions, communicating promotional offers, sharing information, and storing account information. 

52. Copyrights. User agrees that all content created by, and displayed by, Company via apps, websites, social media, or print, is the exclusively owned copyrighted material or Company. User shall not copy, modify, reproduce or distribute Company’s copyrighted property without the express written permission of Company. User agrees that Federal law will govern disputes related to copyright violations. 

53. Trademarks. User agrees Company is the sole owner of valuable trademarks, including the Newt logo and designs. User agrees he or she shall not copy, modify, reproduce or distribute Company’s trademarked property without the express written permission of Company. User agrees that Federal law will govern disputes related to trademark violations.

54. Termination of Service. User or Company may terminate this agreement, at any time, for any or no reason. User agrees he or she is liable for any money owed, or any damages caused Company, its owners, officers, employees, successors, heirs, assigns, representatives, agents, or third parties. Company may terminate this agreement for any breach of contract; or inability to authenticate payment method provided by User. 

55. Timing. User agrees that no failure or delay in Company’s exercising of its rights and remedies under this contract will operate as a waiver of said rights and remedies. 

56. Dissolution. User agrees that Newt Mobility LLC is a for-profit business subject to market forces. Therefore, User agrees that any dissolution of Company as a legal entity is a good faith reason for revocation of this user license. 

57. Privacy Policy. User agrees to all the terms and conditions of Company’s Privacy Policy. 

58. Acceptance of Arbitration. User certifies he or she is at least 18 years of age, and competent to contract. User expressly agrees to the terms and conditions of this contract, and fully agrees: 

This agreement between User and Company serves both parties withnotice, in accordance with Florida Statute 682.012 notice requirement for the Revised Florida Arbitration Code. You and Newt Mobility, LLC., agree to resolve any disputes arising under this contract the terms of the Revised Florida Arbitration Code. You and Company agree to be bound by the arbitrator’s decisions.

 

You and Newt Mobility, LLC. agree that any dispute between the parties will be arbitrated under the jurisdiction of Florida’s state court system. You acknowledge and consent to the personal jurisdiction of Florida courts. Additionally, you acknowledge and consent that the venue for binding arbitration will be Orange County Florida, pursuant to Florida Statute. 682.19. By agreeing to binding arbitration, you agree to waive your right to trial, and waive any right to participate in class action litigation. 

 

The process for selecting an arbitrator will be as follows. Counsel for You and Company will submit a list of five (5) prospective Arbitrators, based in Orange County, Florida, from the membership directory of the National Academy of Distinguished Neutrals. Should counsel be unable to agree on an arbitrator, You agree that Company shall select an arbitrator. Parties agree to set an arbitration date within 90 days of selection of the arbitrator. You and Company each agree to pay 50% of any arbitration costs and fees. 

 

You and Company agree to engage in dialogue to resolve the dispute prior to pursing arbitration. You and Company may agree to resolve smaller disputes through mediation, rather than arbitration. If the parties so agree, a separate mediation agreement will be formed between the parties. Both parties agree that mediation is non-binding, and neither party waives its rights to arbitration by engaging in good faith mediation efforts. 

 

You and company agree that the arbitration results are binding, and apply to any dispute, whether based in contract law, intentional tort, unintentional tort, statutory law, administrative rules and regulations, ordinances, negligence, international law, or any other theory of law or equity. Either party may move to have multiple arbitration cases consolidated in accordance with Florida Statute 682.033, which states:

(1) Except as otherwise provided in subsection (3), upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if:

(a) There are separate agreements to arbitrate or separate arbitration proceedings between the same persons or one of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person;

(b) The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;

(c) The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and

(d) Prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.

(2) The court may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings.

(3) The court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation. Nothing in this section is intended or shall be construed to affect commencing, maintaining, or certifying a claim or defense on behalf of a class or as a class action.

 

You agree to waive any right to have a dispute with Company heard in court by a judge and jury, and also waive any right to join any class action lawsuit Company. You agree that the binding arbitration award is your sole remedy in any dispute with Company. You agree to initiate any dispute resolution claim within 365 days of the event occurrence, or waive such claim in its entirety. 

 

The arbitrator’s written decision will be furnished to both parties within a reasonable time after the arbitration proceedings. Judgment of the award may be entered in any court of competent jurisdiction, and either part may commence collection proceedings. Attorneys’ fees, and arbitration costs, are payable to the prevailing party only if included in the arbitrator’s final written decision. You and Company agree the Arbitrator’s decision is final. You and Company agree the arbitrator’s decision may be based in law, or equity.

59. Clause. The parties agree this written contract constitutes the complete, exclusive, and fully integrated statement of their agreement. As such, it is the sole expression of their agreement, and they are not bound by any other agreements of whatsoever kind or nature. The parties also intend that this agreement may not be supplemented, explained, or interpreted by any evidence of trade usage or course of dealing. The parties did not rely upon statements or representations not contained within the document itself. 

60. Forum Selection Clause. The parties agree that any proceeding or action that might be initiated to enforce or interpret the terms and conditions of this agreement shall be brought solely in a court of competent jurisdiction within the State of Florida, specifically within the Ninth Judicial District, and that Florida state law shall apply. 

61. Severability Clause. If any term, clause, or section of this contract is invalid or ineffective, this shall not affect the validity of the remaining terms, clauses, or sections of this contract. The parties agree the ineffective or invalid term, clause, or section shall be replaced with a term, clause, or section that reasonably reflects the intent of the parties when forming this agreement. 

62. No Agency Clause. User agrees that he or she is purchasing a license to use Company’s property, within the scope of this agreement, and such license does not create, neither expressly nor impliedly, an agency relationship between the parties. This agreement shall not serve as a joint venture, or partnership between the parties, and neither party has the authority to bind the other contractually. 

63. Force Majeure. User and Company agree: neither party is responsible for damages nor failure to perform services, resulting from acts beyond the reasonable control of the parties. This includes, but is not limited to, acts of God, weather, fire, lightning, explosion, power failure, war, civic unrest, or military action.