Membership Agreement

Last Revised: February 2, 2017

THE SERVICES MADE AVAILABLE TO MEMBERS OF SCOOT NETWORKS ARE PROVIDED ONLY ON THE CONDITION THAT THE MEMBER AGREES TO THE TERMS AND CONDITIONS IN THIS MEMBERSHIP AGREEMENT (“AGREEMENT”) BETWEEN MEMBER AND SCOOT NETWORKS, INC. BY ACCEPTING THIS AGREEMENT OR BY USING THE SERVICES, MEMBER ACKNOWLEDGES THAT IT HAS READ, UNDERSTANDS, AND AGREES TO BE BOUND BY THIS AGREEMENT. IF THE INDIVIDUAL WHO SUBMITS AN APPLICATION DOES SO ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, THE INDIVIDUAL REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO BIND THAT ENTITY TO THE AGREEMENT.

IF YOU HAVE ANY QUESTIONS REGARDING THIS AGREEMENT OR THE SERVICES, PLEASE CONTACT SCOOT NETWORKS VIA EMAIL AT HI@SCOOT.CO OR BY TELEPHONE AT (415) 319-7020.

“Agreement” means this Membership Agreement.

“Application” means the Membership application process which must be completed on the Site or via the Apps in order to become a Member of Scoot Networks.

“Apps” means the Scoot Networks proprietary software applications accessible via a mobile device or computer and by which members may access the Services.

“Corporate Membership Agreement” means the agreement between a business or other legal entity and Scoot Networks to provide the Services to the employees or members of such business or other legal entity.

“Effective Date” means the date on which your Application is approved by Scoot Networks.

“Privacy Policy” means the privacy policy currently referenced at https://scoot.co/privacy, as it may be updated by Scoot Networks from time to time.

“Rate Schedule” means the rate schedule currently referenced at https://scoot.co/prices, as it may be updated by Scoot Networks from time to time, and which is expressly incorporated herein by reference.

“Rules Schedule” means the rules schedule currently referenced at https://scoot.co/rules, as it may be updated by Scoot Networks from time to time, and which is expressly incorporated herein by reference.

“Scoot” means the vehicle or other transportation device provided by Scoot Networks to Member in accordance with the Membership, including “Super Scoot”, Scoot Cargo, and “Scoot Quad”.

“Scoot Networks” means Scoot Networks, Inc., a Delaware corporation with its principal place of business at 1077 Howard St. San Francisco, CA 94103, USA.

“Services” means the Scoot Networks services as described in the Application and made available through the Site or the Apps.

“Site” means the Scoot Networks web site located at https://scoot.co.

“Member” means an individual that has submitted an Application, registered for a Member Account and been approved for Membership.

“Member Account” means a web-based portal provided by Scoot Networks that is used by Member to manage its Membership, billing information and other Member information (e.g., name, address, email address, use privileges).

“Membership” means a non-exclusive, nontransferable right to use the Services in accordance with and subject to the terms and conditions of this Agreement.

“Membership Fees” means the agreed upon fees set forth in an Application, and as adjusted from time to time and described in the Rate Schedule.

“Membership Term” means the agreed upon time period set forth in an Application, and all subsequent renewal periods.

“Orientation” means training provided by Scoot Networks, for no additional charge, to Members to orient Members with the Scoots and their appropriate use.

 

The Services

Membership. Contingent on Scoot Networks acceptance of Member’s Application, Member’s fulfillment of its payment obligations, and subject to the terms and conditions of this Agreement and the successful completion of Orientation, Scoot Networks will provide Member the Services as set forth in the Application for the Membership Term. Member may use the Services solely for Member’s own purposes (not for the benefit of any other person or entity) during the Membership Term, provided Member has paid and continues to pay the Membership Fees. If a business or other legal entity has entered into a Corporate Membership Agreement, the Member’s covered by that Corporate Membership Agreement may use the Services solely for the purposes set forth in the Corporate Membership Agreement and Scoot Networks shall not be responsible for communicating such allowable uses to such Members.

Purpose of the Agreement. This Agreement is a vehicle-sharing service subscription agreement between Scoot Networks and Member, but does not in itself confer any right of use of the Scoots. The Member may use Scoots belonging to Scoot Networks after registering and being approved for a Membership and paying the corresponding Membership Fees. The Member does not, by this Agreement or otherwise, acquire any rights of ownership or control over Scoot Networks, its operations or finances, or any vehicle or other transportation device made available for use by Members.

Scoot Networks is the owner of the Scoot and any item it makes available to Member during the term of this Agreement.

Changes to Member’s Membership. Scoot Networks retains the right to change, limit or deny the Services to a Member for any reason at any time.

 

Eligibility

To be eligible for the Services, the Member must:

  1. Own or control a mobile device that is compatible with the Apps and the Scoots. Member is responsible for obtaining at its own expense all equipment and services needed to access the Services via such mobile device. Member understands that its wireless carrier may charge it certain fees for data, text messaging, and other wireless access or communications services. Scoot Networks does not guarantee that the Apps can be accessed through all wireless devices or service plans or are available in all geographical locations.
  2. Be at least 21 years old.
  3. To the extent permitted by law, agree to allow Scoot Networks to track Member’s movements whenever the App is running on Member’s mobile device. The use and collection of such information will be governed by Scoot Networks’ Privacy Policy. Scoot Networks may request Member feedback on their usage, experience, satisfaction and potential future interest in greater use or possible ownership of a low speed vehicle similar to Scoot Quad.
  4. Hold a valid driver’s license that authorizes the Member to drive in California;
  5. Have a driving history that meets Scoot Networks eligibility requirements, which may, in Scoot Networks’ sole discretion, be revised from time to time (current eligibility requirements can be found at https://scoot.co/whocanride);
  6. Deliver to Scoot Networks a fully complete Application, including an agreement to be bound by the terms of this Agreement, together with all documents requested by the Application, which shall be accurate and truthful in all respects. Submitting an Application authorizes Scoot Networks to obtain an applicant’s driving records from the jurisdiction in which applicant is licensed.
  7. Satisfying the eligibility criteria mentioned in Section 3.a. does not automatically give an applicant the right to become a Member. Acceptance of the person’s Application is subject to approval by Scoot Networks in its sole discretion.

 

Security Deposit; Fees; Payment

Security Deposit. Member may be required to pay Scoot Networks a refundable security deposit, dependent on their Membership, or because Scoot Networks determines (at its sole discretion) that the Member, or potential Member, may present a higher risk than other potential Members.

No interest will be calculated or paid on any security deposit.

Within 60 days following the termination of the Agreement, any security deposit shall be reimbursed to the Member, less any amounts owed to Scoot Networks by the Member under the Agreement. Should the security deposit be insufficient to cover the amounts owed, Scoot Networks reserves the right to take any actions necessary to recover the full amount and charge its Member any and all reasonable fees associated with its collection efforts.

Fees. The Member agrees to pay to Scoot Networks the Membership Fees and other charges and fees, in accordance with the type of Service Member has selected and as listed in the Rate Schedule as set forth at https://scoot.co/prices and hereby expressly incorporated into this Agreement by reference.

RENEWAL: IF YOU SELECT A MEMBERSHIP PLAN THAT INCLUDES A MONTHLY MEMBERSHIP FEE, SCOOT NETWORKS WILL IMMEDIATELY CHARGE THE MONTHLY PAYMENT TO YOUR SELECTED PAYMENT METHOD FOR THE FIRST MONTH, AND WILL RENEW SUCH MEMBERSHIP AUTOMATICALLY AT THE END OF THE MONTHLY PERIOD, AND CHARGE THE MONTHLY MEMBERSHIP FEE FOR SUCCESSIVE MONTHS, UNLESS YOU CANCEL YOUR MEMBERSHIP, OR SELECT A DIFFERENT PLAN, WITHIN 30 DAYS OF SELECTING YOUR MEMBERSHIP PLAN.

No Refunds. All fees relating to the Membership, including the Membership Fees and other costs and fees as provided in this Agreement and the Rate Schedule are final and nonrefundable. If an application fee is required in connection with submitting an Application, such application fee is nonrefundable once Scoot Networks has paid to check the applicant’s motor vehicle record.

Method of Payment. Member shall pay all fees and costs incurred when due, including application fees, Membership Fees and other costs and fees as provided in this Agreement and the Rate Schedule. Member agrees that Scoot Networks may charge Member’s selected payment method for any such payments. Scoot Networks accepts payments through payment methods detailed on the applicable payment screen, which may include various credit cards, Stripe, Square, and PayPal. Member may be asked to provide Scoot Networks with a credit card number from a card issuer that Scoot Networks accepts in order to activate and/or pay for any fees related to the Services.

Pre-Authorization. Scoot Networks may seek pre-authorization of Member’s credit card account prior to a fee or cost becoming due to verify the credit card is valid and/or has the necessary funds or credit available to cover such fees or costs. Such pre-authorization may be in an amount up to the full replacement cost of a Scoot. These pre-authorizations will reduce Member’s available balance by the authorization amount until it is released or reconciled with the actual charge. Member should contact its card issuer if it has additional questions regarding when an authorization amount will be removed from a statement. Charges occur within a reasonable time of the transaction or shortly thereafter, and multiple charges during the same period may be aggregated together. Scoot Networks does not accept payment forms other than those specified on the applicable payment screen.

Taxes. Member is responsible for paying any governmental taxes imposed on Member’s use of the Services, including, but not limited to, sales, use or value-added taxes. To the extent Scoot Networks is obligated to collect such taxes, the applicable tax will be added to Member’s bill.

Disputed Charges. MEMBER AGREES TO SUBMIT ANY DISPUTES REGARDING ANY CHARGE TO MEMBER IN WRITING TO SCOOT NETWORKS WITHIN 30 DAYS OF SUCH CHARGE, OTHERWISE SUCH DISPUTE WILL BE WAIVED AND SUCH CHARGE WILL BE FINAL AND NOT SUBJECT TO CHALLENGE.

Delinquent Accounts. Any Member Account which is delinquent will be suspended or terminated solely at Scoot Networks’ discretion. Any credit card which is rejected may result in suspension or termination of Member’s Membership solely at Scoot Networks’ discretion. The Member must notify Scoot Networks in the event of the credit card on record being changed, expiring, or being no longer valid and replace it with a valid credit card. Scoot may seek third party assistance with unpaid or delinquent accounts if the Member does not pay outstanding charges.

Damages; Liability Coverage; Collision Damage Fee Waiver

Damages. Member is responsible for the first $500 of any damage caused to Scoot Networks’ property during the entire time a Member is responsible for a Scoot if such damage is determined to be the fault of Member or not otherwise attributed to a third party. Member is responsible for the full cost of any damage caused to a third party or a third party’s property during the entire time a Member is responsible for a Scoot if such damage is determined to be the fault of Member or not otherwise attributed to a third party. For damage to a Super Scoot or Scoot Quad, the Member is responsible for the first $2,000 of any damage to the Super Scoot or Scoot Quad.

Liability Coverage. Scoot Networks provides liability coverage for damages arising from a Member’s use of Scoots if the Member complies with all rules and requirements of the Membership Agreement. The Member is responsible for the first $500 of damages to a third party for which the Member is liable. Scoot and our insurance provider offer coverage to the Member for up to $1,000,000 of third party liability. Damages beyond these levels, in addition to the first $500 of damages mentioned above, are the responsibility of the Member. However, such liability coverage does not cover damage due to Member’s breach of this Agreement and in such an event Member will be responsible for the full cost of such damage. The Member must obtain a police report on the accident in order to benefit from Scoot Networks’ liability coverage or excess liability insurance.

Collision Damage Waiver. To the extent that Scoot offers Members a Collision Damage Waiver (“CDW”) and Member purchases such CDW, the Member shall not be responsible for physical damage to the Scoot. Notwithstanding the foregoing, even with the purchase of a CDW, the Member will still be responsible for damages if: (i) the Member breaches any provision of the Agreement, or (ii) the Member fails to report collision damage to Scoot Networks and the local police in accordance with the Rules Schedule. Additionally, the CDW does not (i) cover damages caused by fire, theft, vandalism, or damage resulting from intentional or criminal acts, (ii) provide coverage to personal effects, (iii) provide any coverage to third parties, or (iv) cover the cost of returning the Scoot to Scoot Networks after repairs are made.

Your own auto or umbrella policies or credit card coverage may provide coverage for damage to you, to Scoot Networks’ property or third parties. THE ELECTION OF OPTIONAL CDW COVERAGE FROM SCOOT NETWORKS MIGHT DUPLICATE, VOID OR CAUSE YOUR OWN POLICIES OR CREDIT CARD COVERAGE TO BECOME EXCESS COVERAGE. If Member is concerned about this, Member should check with Member’s insurer or credit card issuer.

 

Duties and Responsibilities of Member

Orientation. Member agrees to complete Scoot Networks’ Orientation. Member’s Membership will not be activated until Member successfully completes Orientation. Successful completion is determined solely in Scoot Networks’ discretion.

Acknowledgment. The Member declares to Scoot Networks that it has received all reasonable explanations of the content of this Agreement, the Rules and the Rate Schedule currently in force and that it has taken all reasonable and prudent measures to ensure that it has correctly understood all of its commitments and obligations.

Driving Record. Member shall promptly notify Scoot Networks in the event that Member’s driver’s license is suspended, revoked or invalid or if convicted of driving under the influence of drugs or alcohol or while intoxicated, of reckless driving, or driving more than 20 miles per hour over the legal speed limit.

Rules. Member agrees to follow all rules set out in the Rules Schedule as set forth at https://scoot.co/rules and hereby expressly incorporated herein.

Reporting of Accidents and Cooperation. If, while Member is in possession of a Scoot, the Scoot is involved in an incident that results in injury or damage to a third party or third party property, Member must, as soon as possible, but in any event within 1 hour, notify 911 (if appropriate), contact the police and fill out an official police report, contact Scoot Networks immediately and provide the following information to Scoot Networks:

  1. Date, time and location of incident;
  2. Identification information for any other vehicles involved (e.g., license plate, vehicle identification number, make and model);
  3. Insurance information for third party vehicles involved (e.g., policy number, name, address and phone number of insurance agent);
  4. Contact information for third parties involved and owners of involved vehicles, if different (e.g., name, address, phone number, driver’s license number);
  5. Contact information for witnesses (e.g., name, address, phone number); and
  6. Circumstances surrounding event.

 

Member must not, without Scoot Networks’ prior written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity, or admission of liability in relation to the incident.

In the event of injury or damage to a Scoot, a third party or third party property, Member agrees to cooperate fully with Scoot Networks’ investigation of such event and the defense of any resulting claim or litigation.

Member agrees that Scoot Networks or its insurer may at its own cost bring, defend, enforce, or settle any legal proceeding against a third party in Member’s name in relation to the incident.

 

Indemnification & Limitation of Liability

Member agrees to indemnify, defend, and hold Scoot Networks harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorneys’ fees, and other expenses incurred by Scoot Networks arising from or related to Member’s use of a Scoot or any person permitted by Member to use a Scoot.

Indemnification of Scoot Rental Locations. The Member agrees to indemnify and hold harmless third party garages or locations where Scoot Networks parks Scoots for Members to pick up, drop off, or otherwise operate during the course of their reservation or while present at said locations using the Scoot app and/or with any purpose associated with their Scoot membership.

LIMITATION OF SCOOT NETWORKS’ LIABILITY. Except to the extent THAT ANY LOSS OR DAMAGE IS due SOLELY to Scoot Network’s Negligence:

SCOOT NETWORKS MAKES NO WARRANTY EXPRESS OR IMPLIED AS TO ANY MATTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, THE CONDITION OF A SCOOT, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SCOOT NETWORKS IS NOT LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF MEMBER’S USE OF A SCOOT.

Scoot Networks shall not be responsible for any loss of, or damage to, any goods in or on the Scoot, including Member’s mobile device that is running the App, nor shall it be responsible for any loss or damage to third parties for the actions taken by any Member during the period Member is responsible for a Scoot.

Membership does not guarantee the availability of a Scoot for use by Member. The use of Scoots by Members is subject to availability, on a first-come, first-served basis, and although Scoot Networks’ makes an effort to meet the demand for Scoots by Members, Scoot Networks cannot guarantee that supply will be adequate to provide a Scoot to Member at any given time. Scoot Networks cannot and does not guarantee the availability or functionality of a Scoot, whether or not reserved, and shall not be responsible for any direct, indirect, incidental or consequential damages or injuries arising from the reservation, non-availability, supply, operation or use of a Scoot, even if it has been advised of the possibility of such damages.

Scoot Networks shall not be responsible for direct, indirect, incidental or consequential damages or injuries arising from the use of any Scoot accessories supplied by Scoot Networks (e.g., helmet, lock). The Member is responsible for the safe use of such accessories and must check their condition before each use. If any accessory is found not to be in good condition or working order, Member should not use such accessory and should promptly notify Scoot Networks and request a replacement.

ANY USE OF A SCOOT THAT IS PROHIBITED BY THIS AGREEMENT VOIDS ALL INSURANCE, ACCIDENT, OR LIABILITY COVERAGES, INCLUDING ANY CDW (WHERE PERMITTED BY LAW); MAKES SCOOT SUBJECT TO IMMEDIATE RECOVERY BY SCOOT NETWORKS WITHOUT NOTICE TO MEMBER; AND MAKES MEMBER RESPONSIBLE FOR ALL LOSS OR DAMAGE TO, OR CONNECTED WITH THE SCOOT, INCLUDING SCOOT NETWORKS’ EXPENSES, TO THE EXTENT THAT SUCH LOSS OR DAMAGE IS DUE TO SUCH PROHIBITED USE.

Scoot Quad – Use and Disclaimer of Warranty/Waiver of Liability

The Scoot Quad, a Nissan New Mobility Concept, is a test low-speed vehicle temporarily imported into United States for research and demonstrations. Member agrees to familiarize itself with Scoot Quad operation prior to use. Member acknowledges that the Scoot Quad is a test low-speed vehicle temporarily imported into United States for research and demonstrations and is not certified to meet the Federal motor vehicle safety standards applicable to low speed vehicles. Scoot Networks cautions Member to determine for itself the suitability of the use of the Scoot Quad/Nissan New Mobility Concept for any purpose.

Specifically, Members agree to observe the following precautions when using the Scoot Quad:

Drive safely. Even driving within the speed limit, adjust driving behavior in order to drive safely according to road conditions. Drive with very careful attention to pedestrians and bicyclists. Be sure to look backwards before reversing, and reverse carefully.

Ensure the vertical path of the doors are clear before opening or closing them. The low-speed vehicle doors are spring loaded and open fairly quickly.  Hand placement after handle release is important to avoid trapping one’s hand against the plastic shield when inside the low-speed vehicle.

Follow instructions to turn on the Quad. The procedure must be followed exactly, or the low-speed vehicle will not turn on.

Ensure the area surrounding the seat and seat runners is clear before adjusting the seat.

There is no “Park” gear, so the hand brake must be engaged each time the vehicle is “parked”.  There is no warning provided if the low-speed vehicle is left in Neutral without the parking brake engaged and the motor is turned off.

Follow instructions on how to engage and disengage the hand brake.

If there are any problems with the low-speed vehicle, park in a safe location and call the Scoot Hotline.

Never touch the underside of the low-speed vehicle or any of the electronic parts of the vehicle.

MEMBER ACCEPTS THE VEHICLES IN “AS IS” CONDITION. ACCORDINGLY, SCOOTNETWORKS, ITS AFFIILIATES, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”)  MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE USE OR PERFORMANCE OF THE VEHICLES.  ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  

Nissan is explicitly deemed to be a third party beneficiary of this Agreement.

 

Changes to the Agreement, Term, Notices

Scoot Networks reserves the right to revise this Agreement in its sole discretion at any time and shall give notice to Member of such revisions. Notice will be considered given when the revised Agreement is posted to the Site or on the Apps or when sent by email to the Member email address on file with Scoot Networks. Any revisions to the Agreement are effective upon such notification. The Agreement will be identified as of the most recent date of revision. Member should visit this page regularly to ensure its continued acceptance of this Agreement. Member’s continued use of the Services after any revision to these Terms constitutes its binding acceptance of the revised Agreement. Notwithstanding the preceding sentences of this Section 8, no revisions to this Agreement will apply to any dispute between Member and Scoot Networks that arose prior to the date of such revision.

Term and Termination of the Agreement; Renewal. The Agreement shall be in force upon Scoot Networks acceptance of Member’s Application, payment of applicable fees, and completion of Orientation and shall remain in force until terminated pursuant to this Section 9 or as otherwise provided in the Agreement, as applicable.

Termination by Member. Member may terminate this Agreement at any time without cause upon one week written notice to Scoot Networks. In order to be effective, notice of termination must be sent to Scoot Networks by email at hi@scoot.co.

Termination by Scoot Networks. Without Cause. Scoot Networks may terminate this Agreement at any time without cause upon one week written notice to Member.

For Cause. This Agreement shall be automatically and immediately terminated, upon written notice by Scoot Networks to the Member if the Member: is not paying its debts as such debts generally become due; becomes insolvent; files, or has filed against it, a petition (or other document) under any bankruptcy law or similar law that is unresolved within sixty (60) days after the filing of such petition (or document); proposes any dissolution, liquidation, composition, financial reorganization or recapitalization with creditors; makes a general assignment for the benefit of creditors; if a receiver, trustee, custodian or similar agent is appointed or takes possession of any of its property or business; or is convicted of a driving-related criminal offense (e.g., such as driving under the influence of alcohol or controlled substances, hit-and-run, reckless driving).

Scoot Networks may, at any time, without notice, immediately terminate the Agreement if the Member fails to pay any sum due under the Agreement or the Rate Schedule.

Operating a Scoot under this Agreement requires maintaining a good driving record, and therefore, Scoot Networks may, from time to time, check Member’s driving records and reserves the right to terminate this Agreement at any time, without notice, if Member’s driver’s license is suspended, revoked, invalid or if the Member is convicted of driving under the influence of drugs or alcohol or while intoxicated, of reckless driving, or driving more than 20 miles per hour over the legal speed limit.

Scoot Networks may, at any time, without notice, immediately terminate the Agreement if the Member does not comply with any term or condition specified in the Agreement or the Site or Apps.

In case of termination, the Member agrees to return immediately to Scoot Networks any Scoot, or any other article Member might have in its possession under the Membership.

Member agrees to pay any attorneys’ fees, court costs or costs of other legal procedures necessary for Scoot Networks to recover any amounts due and owing, the Scoot or any other object the Member might have in its possession under this Agreement.

Member shall be responsible for any fees or costs incurred up to and including the date of termination.

Penalties. In addition to all its other rights and recourses set out in the Agreement, Scoot Networks reserves the right to impose service fees on the Member, in case of non-observance by the Member of any provision of this Agreement, in the manner and amounts specified in the Agreement and/or the Rate Schedule.

Choice of Law; Venue. Any dispute arising out of or relating to this Agreement or the breach thereof shall be governed by the federal laws of the United States and the laws of the State of California, USA for all claims, without regard to or application of choice of laws, rules or principles. The parties hereby consent to the exclusive jurisdiction of the state and federal courts in California, USA, for all claims and both parties expressly waive any objections or defense based upon lack of personal jurisdiction or venue. The prevailing party to such dispute shall be entitled to recover its reasonable costs incurred in prosecuting or defending against such dispute, including its reasonable attorneys’ fees and experts’ fees.

Notices. Member must provide any notice required in accordance with this Agreement via the Member Account or the following email address: hi@scoot.co. Scoot Networks’ routine communications regarding the Services and any legal notices will be sent to the Member either electronically (via Member Account, the Member email address on record or by text message to the Member’s mobile device using the number provided by Member), by United States mail or by courier, except that Scoot Networks may give notice of an amendment to the Agreement by posting the notice on the Site, the Member Account, or by email to the email address on record. By providing Member’s mobile telephone number to Scoot Networks, Member consents to receive text messages from Scoot Networks relating to the provision of the Services. Notices are deemed received as of the time delivered. Scoot Networks may periodically send Member messages of an informational or advertising nature via email. Member may choose to “opt-out” of receiving these messages by selecting the “opt-in” or “opt-out” link, as the case may be, at the foot of every such email, or by replying to a text message with the word STOP. Member acknowledges and agrees that notwithstanding Member’s request to opt out from such messages, Scoot Networks may still send and Member may still receive emails or text messages reasonably required for the proper conduct of the Services. If Member does not wish to receive any messages from Scoot Networks, Member must terminate its Membership and cease using the Services.

Data Breach Notification. Notwithstanding Member’s determination to opt-out of receiving electronic messages or cease use of the Services, Member agrees that in the event an incident occurs in which a third party obtains unauthorized access to Member’s personal data provided to Scoot Networks, Member agrees that should Scoot Networks become legally obligated to provide notice of such unauthorized access Scoot Networks may provide such notice to Member electronically by using the email address or mobile telephone number provided by Member.

 

Miscellaneous Provisions

Privacy. Use of the Services is governed by Scoot Networks’ Privacy Policy located at https://scoot.co/privacy, which policy is hereby expressly incorporated into this Agreement by reference.

Corporate Membership Agreement. Under this Agreement, an employee or member of a business or other legal entity has entered into a Corporate Membership Agreement shall be treated as a Member for purposes of this Agreement. The entity and such Member are jointly and severally responsible for their commitments to Scoot Networks and for any claim or other action Scoot Networks might take against them.

Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by Member, but may be assigned by Scoot Networks without restriction. Any assignment attempted to be made by Member in violation of this Section 13.b. shall be void. This Agreement will be binding upon and inure to the benefit of the parties hereto, and permitted successors and assigns.

No delay or omission by Scoot Networks to exercise any right or power occurring upon any noncompliance or default by the Member with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by Scoot Networks of any of the covenants, conditions, or agreements to be performed by the Member shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.

Severability. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably affect the intention of the parties. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.

Force Majeure. Neither party will be liable for any delay or failure in performance to the extent the delay or failure is caused by events beyond the party’s reasonable control, including, a significant failure of the Internet, fire, flood, acts of God, explosion, war or the engagement of hostilities, strike, embargo, labor dispute, government requirement, civil disturbances, or civil or military authority.

Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto regarding the subject matter contained herein and the parties acknowledge that they have not relied on any promise, representation, or warranty, express or implied, that is not contained in this Agreement. Scoot Networks is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Scoot Networks.

  1. If there is a conflict between the terms of the Application or a Schedule and the Agreement, the Agreement will govern.

 

Independent Contractors. Scoot Networks is an independent contractor and neither party is an agent of the other and neither party has the right to bind the other on any agreement with a third party.

Headings; Captions. The headings and captions used herein are for convenience only and are not part of the Agreement.

I, [to be completed electronically], have read and understand the Scoot Networks Membership Agreement.

Date: [to be completed electronically]

Signature: [to be completed electronically]

 

RULES SCHEDULE

In addition to the rules and obligations set forth in the Membership Agreement, Members are required to abide by the rules set forth in this Rules Schedule. By becoming a Member, you are deemed to have accepted and agree to abide by the rules set forth below. Failure to abide by this Rules Schedule may result in suspension or termination of your Membership.

Capitalized terms used herein, shall have the same meaning as given in the Membership Agreement.

Who May Operate a Scoot

Only Members in good standing may operate a Scoot. Non-Members are expressly prohibited from operating a Scoot. Subletting or re-letting of the Scoot to another person, even to another Member, is expressly prohibited.

Only persons over the age of 21 may become a Member and may operate a Scoot.

Persons over 250 pounds may not operate a Scoot or Scoot Cargo, as such weight exceeds the maximum weight limit for a Scoot. Super Scoot and Scoot Quad do not have weight limits.

Only one person may ride a Scoot at a time, except Scoot Quad, which may carry one passenger in addition to the driver.

Members without a motorcycle license (M1) or moped license (M2) are prohibited from renting a Scoot or Scoot Cargo in California for more than 48 hours at a time. Members without a motorcycle license (M1) are prohibited from renting a super scoot.

Prohibited Uses

Scoots shall not be used as follows:

By anyone not wearing a helmet (except Scoot Quad, which does not require a helmet but does require wearing a seat belt);

To carry a passenger, unless the member has a motorcycle license and the vehicle is designed to carry two people (scoot, scoot cargo, and super scoot cannot carry passengers, scoot quad can carry one passenger in addition to the driver);

To propel or tow any vehicle, trailer, or other object;

To instruct an any person in the operation of a Scoot;

To “lane split” in moving traffic – riding between lanes of traffic or lanes of traffic and parking in order to pass other vehicles while those vehicles are also moving;

To ride in designated bicycle lanes;

To transport animals of any kind or nature, living or otherwise;

During a race, competition or to perform tricks;

For the primary purpose of transporting people or operating a taxi service;

By a Member while under the influence of drugs or alcohol;

During the commission of a crime or other illegal activity;

In a negligent or abusive manner or for any use outside the scope of a Scoot’s intended purpose (violating a traffic law, or receiving a ticket in an accident is not automatically a violation of this provision, but may be an indication that a violation of this provision has occurred);

By anyone who has provided Scoot Networks with false information in order to become or remain a Member;

Outside the boundaries of the City of San Francisco, on the Golden Gate Bridge or Bay Bridge, on roads with speed limits over 35 MPH such as freeways or grade-separate highways, on unpaved roads, on sidewalks or in bicycle lanes;

To carry over 40 pounds of cargo;

While there is inclement weather, including heavy rain, snow, electrical storms or strong wind, which make it more dangerous to operate a Scoot; or

While texting, emailing, using a cell phone, or otherwise using a mobile device other than to operate the Scoot that may distract from driving safely or otherwise engaging in any activity that may be prohibited by law.

The foregoing list is not intended to be exhaustive and any unreasonable or inappropriate use of a Scoot, as determined by Scoot Networks in its sole discretion, or any violation of law will be deemed to be a violation of this Rules Schedule.

Reserving Scoots

Scoots are available to Members on a first-come-first-served basis or via reservation.

Members using a Scoot on a first-come-first-served basis will be billed for the time they use the Scoot according to the Rate Schedule.

If a reservation is made available by Scoot Networks, Members shall make such reservation via the Site or an App in advance of use and will be billed at the time of the reservation. Reservations can be extended via the Site or App. Members may cancel or change an existing reservation via the Site or App until fifteen minutes after the reservation was made.

Scoot Use

Member must return the scoot to a Scoot location with available parking selected via the app, secured, clean and in good working condition, and plug the scoot into a power outlet if one is available at the Scoot location.

Member is responsible for ensuring that a Scoot retains enough charge to be returned by Member to its designated location during a Member’s use of such Scoot. If Member fails to so ensure, Member will be solely responsible for the reasonable cost incurred by Scoot Networks to return the Scoot to its designated location.

Prior to taking possession of a Scoot, Member must inspect the Scoot for evidence of damage and disrepair (e.g., obvious dents, flat tires, out of service brake lights, turn signals, and working brakes). If any damage or disrepair is discovered, Member must notify Scoot Networks immediately to avoid being held responsible for such damage or disrepair. If Member fails to report any evidence of damage prior to using the Scoot, Member may be liable for the cost of repairing the Scoot. For Member’s own safety, Member is prohibited from operating a Scoot if any of the following equipment is not in good working order: tires, brakes, lights and signals, or mirrors.

Members are responsible for all charges and costs incurred, and any damages, related to the Scoot from the time a Member activates a Scoot until the Scoot is returned and secured at its designated location.

Members must operate the Scoot in accordance with the Orientation received and any operation manuals provided by Scoot Networks.

Member must notify Scoot Networks immediately in the event that the Scoot: malfunctions; is damaged; or is stolen. In the event that, through no fault of Member, the Scoot malfunctions or is damaged to an extent that it is no longer serviceable and Member is no longer able to return the Scoot to its designated location or the Scoot is stolen, the Member may use an alternate form of transportation, like a taxi, and Scoot will give the Member ride credit of up to $10.

Member is responsible for any violations, including but not limited to traffic violations incurred, including fines for late payment and any processing fees, due to Member’s use of a Scoot. Member agrees to pay for all violations incurred. Such violations must be reported to Scoot Networks as soon as reasonably possible, but in any event, in advance of the deadline to respond to the notice of violation. If Member fails to pay for any violations incurred, and Scoot Networks pays such violations, member agrees that Scoot Networks may charge member’s payment method on record in accordance with the Agreement.

RATE SCHEDULE

This schedule will be changed from time to time as Scoot Networks makes changes to its service.

Please refer to scoot.co/prices for the most up to date rates.

$0-79 one-time signup fee.

Use Fees:

For rides on Scoots, Scoot Classics, Scoot Cargos

$3 up to 30 minutes, $0.10 per minute afterward

$5 up to 30 minutes, during commute hours; $0.10 per minute afterward

For rides on Scoot Quads

$6 up to 30 minutes, $0.20 per minute afterward

Fees and Penalties

Not plugging your scoot in: $10. If you don’t plug in your Scoot and you could have at the Scoot location where you parked it, it won’t be ready for another person to ride, which is bad for them and bad for Scoot, so we will charge you a $10 fee to plug it in. In cases when you can’t plug in, you will not be charged.

Parking citations or traffic violations during or after your scoot trip: +$10. You are responsible for any parking citations or traffic violations that occur as a result of your use of a scoot during your ride or after you drop off. If you get a ticket and know it, please go ahead and pay it, and let Scoot know. Otherwise, Scoot will get a bill and we’ll add the ticket to your account, plus a $10 service fee. If you attempt to dispute a ticket with the issuing authority, you must pay Scoot first and we’ll refund the payment only if you’re successful in your dispute. Please know that Scoot gets notices of citations in bulk and it may take more than a month before we notify you of your citation. When in doubt, park carefully.

Parking at a Scoot Spot or Scoot Garage without reserving your space: $50. If you do not use the app to reserve your parking space at a Scoot location, you might be parking in someone else’s space, and we may have to move your scoot for you, so we will charge you a $50 fee if the vehicle is a scoot or scoot cargo. We will charge a $50 fee if it is a super scoot or scoot quad.

Ending your ride on the street outside of a Blue Zone: $50+. If you end your ride and leave your scoot on the street outside of our designated on-street parking areas (Blue Zones on the map in the app), we will have to go get it and bring it back, so we will charge you a fee for that. You are responsible for any tickets or parking violations on that scoot until we retrieve it.

Leaving your scoot unlocked: $25. If you forget to lock up your Scoot (including the seat, helmet box, and handlebars or center stand), the scoot could get stolen, which is bad. We will charge you a $25 fee for re-securing your scoot.

Getting towed: $400+. You are responsible for paying tickets and towing fees that occur as a result of your use of a scoot during your ride or after you drop off. You will have to pay any tickets and towing fees — usually more than $400 (yikes!) — plus a $50 fee for us to rescue the scoot from the tow lot. You will be charged right after Scoot pays the towing fee and parking citation. If you dispute the towing charges with the authority that towed the scoot and you succeed, Scoot will refund your towing fees and any citations if you provide proof. Don’t get towed!

Safety violations: $25. If you ride without a helmet, carry a passenger, let someone else ride your scoot, or use your scoot in any other way that is unsafe to you or others, including moving violations while scooting, we will charge you a $25 fee and may limit your use of the service.

Lost or Damaged Equipment Costs:

Lost/damaged helmet: $75. If you lose or damage a helmet to a scoot, or accidentally take a helmet home with you after your ride, we will charge you $75 per item to replace it. If you return the helmet you will only be charged for the scoot rental time between when you took the helmet and when it is returned.

Running out of juice in a Scoot Quad: $200. If you run out of battery and can’t get your Quad back to a Scoot garage, we will have to tow it and we will charge you $200.

Damage Fee/Deductible: Up to $500 for Scoot or Scoot Cargo, $2,000 for Super Scoot or Scoot Quad. Accidents happen. If you report the damage to Scoot we will not charge you more than these amounts (and usually much less). We don’t make money on repairs and often give Members discounts.

Stolen Scoot: If your Scoot is stolen during your rental and we are unable to recover the vehicle through our tracking technology or other means, Scoot Networks may charge you $500 for the scoot or scoot cargo, or $2,000 for super scoot or scoot quad. If your Scoot is stolen due to your actions, you may be liable for up to $5,000 (for a scoot or scoot cargo) or $10,000 for super scoot or scoot quad.