7.1. Changes to the Website.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
7.2. Information About You and Your Visits to the Website.
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
7.3. Additional Terms and Conditions.
Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.
7.4. Linking to the Website.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
7.5. Geographic Restrictions.
The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
7.6. Disclaimer of Warranties.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SEGWAY NOR ANY PERSON ASSOCIATED WITH SEGWAY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER SEGWAY NOR ANYONE ASSOCIATED WITH SEGWAY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
SEGWAY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7.7. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SEGWAY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7.8. Indemnification
You agree to defend, indemnify and hold harmless Segway, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your Posts, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.
7.9. Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
7.10. Arbitration, Waiver of Jury Trial and Waiver of Class Action
Segway and you agree that any dispute, controversy, or claim arising out of, related to or in connection with this Policy and Segway’s practice and/or activities of data collection, usage and disclosure, shall be submitted to binding arbitration upon the request of either party upon the service of that request on the other party.
The arbitration shall be conducted by the American Arbitration Association (AAA) according to its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively “AAA Rules”). The AAA Rules are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted before a single arbitrator. The arbitration tribunal shall have the power to rule on any challenge to its jurisdiction or to the validity or enforceability of any portion of the Policy to arbitrate. Any decision of the arbitrator shall be final and may be entered into any judgment in any court of competent jurisdiction. You waive the right to have your claim heard in a court of law and by a jury.
You waive the right to participate in class actions arising from or relating to all claims and disputes with Segway. You agree to arbitrate solely on an individual basis and that this Policy does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration clause will remain in force.
Opt-out of Arbitration
YOU MAY OPT OUT OF THIS DISPUTE RESOLUTION PROCEDURE BY PROVIDING NOTICE TO SEGWAY NO LATER THAN THIRTY (30) CALENDAR DAYS AFTER THE DATE OF YOUR FIRST USE AND/OR INTERACTION WITH OUR WEBSITE, OR THE DATE OF YOUR FIRST PROVISION OF PERSONAL INFORMATION TO SEGWAY, WHICHEVER COMES EARLIER. TO OPT-OUT, YOU MUST SEND NOTICE BY EMAIL TO SEGWAY AT PRIVACYLEGAL@SEGWAY.COM, WITH THE SUBJECT LINE: “ARBITRATION OPT-OUT.” THE OPT-OUT NOTICE BY E-MAIL MUST INCLUDE (A) YOUR NAME, EMAIL ADDRESS, MAILING ADDRESS, AND PHONE NUMBER; AND (B) THE DATE ON WHICH YOU FIRST VISITED SEGWAY WEBSITE OR PROVIDED PERSONAL INFORMATION TO SEGWAY. ALTERNATIVELY, YOU MAY OPT OUT BY SENDING AN ELECTION TO OPT- OUT LETTER TO SEGWAY AT SEGWAY INC, P.O. BOX 661805, ARCADIA, CA 91066, USA VIA CERTIFIED MAIL WITHIN THE SAME TIME WINDOW. THESE ARE THE ONLY TWO EFFECTIVE WAYS TO OPT-OUT THIS DISPUTE RESOLUTION PROCEDURE.
Choice of Law
The Federal Arbitration Act governs this arbitration clause. This Polic evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs its interpretation and enforcement.
Arbitration Procedure
The following is a description of the arbitration process A. Mail a Notice of Dispute to Segway. Before initiating an arbitration against Segway, you must first notify Segway of your dispute in good faith. Please include your contact information, your concerns, and the relief you intend to seek from Segway, and any information you believe would help resolve the dispute. Segway will review your Notice of Dispute to determine whether Segway may settle it with you to avoid arbitration. The notice should be sent by certified mail to Segway Inc., P.O. Box 661805, Arcadia, CA 91066, attention to Dispute.
• Wait 30 Days. Segway will review your Notice of Dispute within thirty (30) days of Segway’s receipt of your Notice of Dispute. If you do not hear from Segway within thirty (30) days of its receipt of your Notice of Dispute, you may proceed with filing an arbitration claim against Segway. Should Segway provide you with a written settlement offer, please keep this settlement offer because Segway and you will be required to show this settlement offer to the arbitrator. Notwithstanding the foregoing, such offer, if any, shall not be shown to the arbitrator until after the arbitrator’s determination on the merits of your claim.
• Complete a Demand for Arbitration. You can initiate arbitration by completing a Demand for Arbitration that includes a basic statement of the (i) names and addresses and telephone numbers of the parties involved; (ii) your description of the dispute; and (iii) your short statemen detailing why you are entitle to relief.
• Send Segway Your Demand for Arbitration. You can send Segway your Demand for Arbitration at the following address: Attention: Disputes, Segway Inc., P.O. Box 661805, Arcadia, CA 91066. Please keep a copy of your notice for your record.
• Send AAA Two (2) Copies of Your Demand for Arbitration. The Demand for Arbitration includes the address that you are to send two (2) copies of your Demand for Arbitration. This address is AAA Case Filing Services at 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, subject to amendment and/or update by AAA. You should also include a copy of this warranty policy and the appropriate filing fee. Segway will reimburse you for this filing fee. If you cannot afford to pay the filing fee, please contact Segway, and Segway will pay the filing fee for you if your claims seek a remedy less than $75,000. AAA has an online filing option that you can find on its website: www.adr.org.
• AAA Appointment of Arbitrator. If no claim in the arbitration exceeds $75,000, the AAA will appoint an arbitrator and notify you and Segway of the arbitrator’s name and qualification. The AAA requires all arbitrators to check for any past or present relationships with the parties, potential witnesses, and the parties’ attorneys. If the arbitrator has any such relationship, the AAA will inform Segway and you. If either you or Segway object to the AAA’s choice of arbitrator, we’ll have seven (7) days to inform the AAA.
• Choose the Hearing You Would Like. Unless you and Segway agree to have any arbitration hearings somewhere else, the arbitration will take place in Los Angeles County, California. If your claim is for $10,000 or less, you may choose to have the hearing conducted by telephone or in-person. Alternatively, you may choose to proceed to conduct the entire arbitration through written correspondence with the arbitrator that doesn’t include an interactive hearing. Once the AAA has commenced the arbitration, you have ten (10) days to inform the AAA of your choice of hearing. If you don’t make a choice, the AAA will conduct the arbitration by written correspondence without an interactive hearing. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Those rules currently provide for an in-person hearing if your claim exceeds $10,000, but you and Segway may agree whether that hearing is in person or by telephone or whether to instead proceed with written correspondence.
• Arbitrator’s Decision. Within fourteen (14) days from the conclusion of the in-person or telephone hearing, or from the submission of all written evidence to the arbitrator if you have elected to conduct the arbitration through written correspondence, the arbitrator will render a written decision. That decision will include the essential findings and conclusions upon which the arbitrator based his or her award. Segway will immediately respond to the arbitrator notifying the arbitrator whether, and to what extent, Segway will abide by the decision, perform the obligations it has agreed to do. Any decision by the arbitrator may be utilized by any party for any reason.
Confidentiality
The parties agree to keep strictly confidential any conduct, communication, and information disclosed and/or communicated to the other party under this Section 8.A. “Arbitration, Waiver of Jury Trial and Waiver of Class Action” including but not limited to the existence of dispute resolution, mediation (if the parties agree to conduct mediation), settlement, arbitration, arbitral proceedings, submissions made by the parties and the decisions made by arbitral tribunal, including its awards to the extent not already in the public domain, except in judicial proceedings related to the award or where required by applicable law.
7.11. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
7.12. Waiver and Severability
No waiver of by Segway of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Segway to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
7.13. Entire Agreement
The Terms of Service, the Privacy Policy , and their incorporated terms and conditions and policies constitute the sole and entire agreement between you and Segway Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
7.14. Your Comments and Concerns
This website is operated by Segway Inc., P.O. Box 661805, Arcadia, California 91006. Please contact the following persons for respective matters:
• For inquiries and requests respect to your privacy rights, please contact: privacylegal@segway.com
• For other legal notices, inquiries and feedback of these Terms of Service and its incorporated policies, please contact: legal@segway.com
• For technical supports of accessing and using our Website, product aftersales services, and all other inquiries and communications, please contact: technicalsupport@segway.com