Mobius Mobility LLC’s Terms of Use

Introduction

These Terms of Use (“Terms”) are a legal agreement between Mobius Mobility LLC (hereinafter “Company”) and you, the user, (“You”), and describe the terms by which you may use the website located at www.mobiusmobility.com (“Site”).

By using this Site, You agree to be bound by these Terms, which Company reserves the right to modify or change at Company’s sole discretion. BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS. As long as you comply with these Terms, Company grants you a personal, non-exclusive, non-transferable limited privilege to enter and use the Site.

Content and Use of Site

Unless otherwise noted, all Site content and functionality, including images, illustrations, designs, graphics, icons, photographs, video clips, software, and other written, audio, or visual content that are part of this site, including all copyright, trademark, patent, and any other intellectual property rights therein (collectively, the “Content”), is owned or licensed by Company.

Company grants You a personal, non-exclusive, non-transferable limited privilege to enter and use the Site. You are not authorized to copy, reproduce, distribute, perform, create derivative or joint works from, publish, translate, adapt, modify, transmit, reverse-engineer, decompile, disassemble or otherwise exploit or use, in whole or in part, any of the Content and/or the Site without Company’s prior written consent. You agree to retain all copyright and other proprietary notices contained in the Content or Site. You will not use this Site or its Content for any illegal purpose.

Copyright and Trademark Notice

Company names and logos and all related product and service names, design marks and slogans are the proprietary property of their respective owners. All rights are reserved unless otherwise stated. Site visitors are not authorized to use any Company name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Company.

Unless stated otherwise, this Site and its Content are owned by Mobius Mobility LLC. © 2019 All rights reserved.

Links

Company is not responsible for the practices employed by websites linked to or from the Site nor the information or content contained therein. When you use a link to go from the Site to another website, or from another website to the Site, you may be subject to the other website’s terms of use.

Website Warranty Disclaimer 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. COMPANY EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE CONTENT ON THE SITE, ALTHOUGH COMPANY MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINED IN THE SITE WILL FUNCTION WITH OTHER SOFTWARE OR HARDWARE, OR WITHIN A PARTICULAR SYSTEM. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU FURTHER ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

To the maximum extent permitted by applicable law, by visiting this Site, you agree to hold harmless Company, and any affiliated Company entity, their officers, directors, employees, sponsors, and agents (“Covered Parties”) from and against all claims, actions, demands, liabilities, judgments and settlements, including, without limitation, from any direct, indirect, incidental, consequential, special, exemplary, punitive or any other claim you may incur in connection with your use of this Site, including, without limitation, any economic harm, personal injury, lost profits, damages to business, data or computer systems, or any damages resulting from reliance on any content or resulting from any interruptions, work stoppages, computer failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind, even if you have previously advised Company of the possibility of such claim. Your sole remedy for dissatisfaction with the service is to stop using the service.

Children

This Site is not intended for minors. Minors and children (persons under the age of 18) are not eligible to use the Site unsupervised. By using this Site unsupervised, you warrant that you are 18 years of age or older.

Contact Information

If you have any questions or comments about our Company, this Site, its Content, or these Terms, you may contact us at:

info@mobiusmobility.com

Mobius Mobility LLC
540 North Commercial Street
Suite 310
Manchester, NH 03101

Last Updated November 2019

Terms & Conditions

Terms and Conditions for iBOT® Personal Mobility Device (“iBOT® PMD”)

Effective on the date listed on the iBOT® Quotation (“Effective Date”), Mobius Mobility LLC of 540 North Commercial St., Suite 310, Manchester, NH 03101 (“Seller”) and the person listed on the iBOT® Quotation who will use the listed products (“User”) agree to the following terms and conditions for the sale of the products listed in the iBOT® Quotation:

  1. These terms apply to the purchase of the products that appear on the face of the iBOT® Quotation.
  2. iBOT® PMD Configuration. If applicable to the iBOT® Quotation, Seller has configured the iBOT® PMD, as described within Exhibit A.
  3. Price/Payment. The total price, method of payment, and person responsible for payment, if different than the User, shall be as listed on the iBOT® Quotation.
  4. Taxes. The total price does not include sales, use, excise, or any other taxes. If not the User, the person listed as responsible for payment on the face of the iBOT® Quotation shall pay all such taxes.
  5. Transaction fees and Purchases Made with Credit Cards. Seller shall not be responsible for any transaction fees associated with any method of payment including credit card payments, which will be subject to a 3.6% credit card surcharge fee payable by the individual or entity responsible for payment listed on the iBOT® The parties agree that all payments made by credit card shall be transactions in the state of New Hampshire and governed by New Hampshire law.
  6. No Right to Return.
    1. Seller does not accept returns of iBOT®
    2. Neither User nor any other party has a right to return any iBOT® PMD part, unless such return has been authorized by the Seller. Returns must be authorized, and may at Seller’s discretion be subject to a fifteen percent (15%) restocking fee.
  7. Configuration, Fitting, Training. If the iBOT® Quotation includes the sale of an iBOT® PMD, the following terms apply:
    1. User is acquiring this iBOT® PMD for User’s personal use.
    2. Before entering into this sale, User has:
      1. Completed a Seating Assessment by User’s clinician, who together with the Seller, determined the configuration of this iBOT® PMD.
      2. Obtained a prescription for the iBOT® PMD from User’s clinician.
    3. Within 90 days following the Effective Date, User shall attend and complete a training program (“iBOT® PMD Training”) with a Mobius Mobility Certified Trainer. During that training program, the certified trainer will custom fit the iBOT® PMD for the User per the Seating Assessment.
    4. Following completion of iBOT® PMD Training, certain modes of the iBOT® PMD may be disabled by the certified trainer for User’s use. This determination will be made in accordance with the ibot by Mobius Mobility User Manual.
    1. Delivery of all product shall be as specified on the iBOT® Title and risk of loss to the iBOT® PMD or iBOT® PMD parts transfers to User FOB seller’s dock, 540 N Commercial Street, Manchester, NH 03101. If Seller delivers to User’s designated carrier, Seller shall package the iBOT® PMD on a pallet with a cardboard overpack. User shall pay all shipping costs.
    2. Seller is not responsible for the disposal of User’s current wheelchair or for any iBOT® PMD Parts unless such parts are authorized by the Seller to be returned.
  8. Product Warranty. Seller’s Limited Warranty is attached hereto as Exhibit B and will be provided to User with the delivery of the iBOT® Seller makes no other warranty.

SELLER DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. EXCEPT AS SET FORTH IN THE ATTACHED LIMITED WARRANTY: (A) THE PRODUCTS ARE PROVIDED AS IS (B) THE ENTIRE RISK AS TO QUALITY AND PERFORMANCE OF THE PRODUCT IS WITH THE USER; AND (C) IF THE PRODUCT PROVES DEFECTIVE AFTER PURCHASE, THE USER, NOT THE MANUFACTURER, DISTRIBUTOR OR RETAILER, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

  1. Operating Software License. Purchase of an iBOT® PMD includes a license to use the software contained therein, which may not be copied, decompiled, altered or transferred.
  2. Third Party Suppliers. User acknowledges that Seller provides some iBOT® PMD parts that may come from third party sellers that Seller purchases from in its normal course of business (“Third Party Supplier(s)”).  Any iBOT® PMD parts purchased by Seller for User from any Third Party Supplier will be considered delivered, and risk of loss for any such iBOT® PMD parts will transfer from Seller to User, in accordance with any delivery and risk of loss terms agreed to by Seller and any Third Party Supplier for any such iBOT® PMD parts.
  3. Acknowledgement and Assumption of Risk. (i) Use of the iBOT® PMD involves risk of death or serious injury. Any iBOT® PMD being sold pursuant to these Terms and Conditions has been configured and custom fit (as provided above) for User. User shall not allow any other person to use User’s iBOT® User shall read, understand, and follow all instructions and warnings contained in the ibot by Mobius Mobility user manual to be delivered with the iBOT® PMD. (ii) User agrees that he or she will not attempt to repair his or her iBOT® PMD nor replace any of its components unless the repair or replacement is identified as a repair or replacement that the User is capable of undertaking in applicable instructions provided by Seller (a “User Repair”). User agrees that he or she will read and follow all User Repair instructions provided by Seller to User related to the iBOT® PMD products covered under these Terms and Conditions. For any non-User Repair, User agrees that he or she will only use Seller authorized representatives in order to accomplish any repairs and replacements.
  4. User Default. If User or the person responsible for payment listed on the iBOT® Quotation defaults and fails to complete the purchase of the products described in the iBOT® Quotation and these Terms and Conditions, Seller shall be relieved from any further obligation hereunder, and Seller shall have the right to retain the deposit, if any, as liquidated damages.
  5. Seller Default. If Seller defaults and fails to complete the sale of the products described in the iBOT® Quotation, Seller shall return the deposit, if any, and each party shall thereupon be relieved from any further obligation hereunder.  Seller shall have no other liability.
  6. Force Majeure. Each party shall be excused from performing its obligations (except for payment obligations) caused by events beyond its reasonable control including, but not limited to, acts of God, acts of third parties, acts of any civil or military authority, fire, floods, war, embargoes, labor disputes, acts of sabotage, riots, accidents, delays of carrier, subcontractors or suppliers, voluntary or mandatory compliance with any government act, regulation or request, shortage of labor, materials, contagion, or disruption to manufacturing facilities.
  7. Assignment. User may not assign any rights or obligations hereunder without Seller’s prior written consent.
  8. Governing Law. The iBOT® Quotation and these Terms and Conditions shall be governed by the laws of the state of New Hampshire.
  9. Arbitration. Any controversy or claim arising out of or relating to this sale or these Terms and Conditions, or the breach thereof, shall be settled by arbitration with a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  Unless otherwise agreed the arbitration shall be conducted in Manchester, New Hampshire.  Neither party shall institute any legal or equitable action against the other in any case with respect to a controversy or claim arising out of or relating to this Agreement, or the breach thereof, except to compel arbitration pursuant hereto or to confirm the arbitrator’s award.
  10. Severability. If any provision of these Terms and Conditions is determined by any final arbitration award or court order to be illegal, unenforceable or invalid, in whole or in part, the remaining provisions shall not be affected or impaired, and shall continue in full force and effect.
  11. Entire Agreement. The iBOT® Quotation and these Terms and Conditions, including all attached Exhibits, states the entire agreement of the parties related to the subject matter hereof and may only be amended by a written amendment signed by both parties.

Contact Information

If you have any questions or comments about our Company, this Site, its Content, or these Terms, you may contact us at:

info@mobiusmobility.com

Mobius Mobility LLC
540 North Commercial Street
Suite 310
Manchester, NH 03101

Last Updated November 2019