TERMS AND CONDITIONS OF USE
Welcome to our online store. We are pleased to provide you with the goods and services described in this site subject to the following conditions. If you visit or shop at this site, you accept these conditions. Please read them carefully. In addition, when you use any current or future options on this site, you also will be subject to the guidelines and conditions applicable to such service or business.
PRIVACY AND ELECTRONIC COMMUNICATION
To understand our practices, please review our Privacy Notice, which also governs your visit to this site. When you visit this site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
LICENSE AND SITE ACCESS
We grant you a limited license to access and make personal use of this site (other than page caching) or modify any portion of it, except with our express written consent. This license DOES NOT include any resale or commercial use of this site or any of its contents; any collection and use of any product listings, images, videos, reviews, specifications, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Home page of this site so long as the link does not portray us, our dealers, or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our logos or other proprietary graphic or trademark as part of the link without express written permission.
ASSUMPTION OF RISKS
I am aware that test driving, purchasing, or renting a folding electric wheelchair involves risks, hazards and dangers (known and unknown), including, but not limited to: changing and/or extreme weather conditions and visibility; mechanical failure of the equipment; difficulty or inability to control speed, direction, stopping distances, and turning radius; variation or steepness in terrain; loss of balance; rolling or flipping the folding electric wheelchair; variation or changes in the riding surface including asphalt, concrete, holes, loose gravel, exposed rock, pavement, snow, mud pits, and other natural objects; travel through or over creeks, lakes, rivers and ice, collision with other machines or vehicles or persons or other natural or man-made objects; rockslides; avalanches; encounters with wildlife; travel on walkways, roads, highways, private access roads, and back-country roads; becoming lost or separated from other people; slips and falls; failing to act safely or within one’s own ability or physical limitations; negligence of other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ALL ACTIVITIES. The terrain used while driving a folding electric wheelchairs may be uncontrolled and not inspected, and hazards may be unmarked. Emergency Communication in remote terrain can be difficult and in the event of an accident, rescue and medical treatment may not be readily available.
I AM AWARE OF AND ACCEPT ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH FOLDING ELECTRIC WHEELCHAIR USE AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RICKS, DANGERS AND HAZARDS AND THE RESPONSIBILITY FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. I am purchasing, and, or renting the folding electric wheelchair, as provided by the Releasees entirely at my own risk. I further agree to act responsibly and be prudent in said activities which includes; using common sense, doing regular check-ups, monthly tighten all the bolts and inspections of the folding electric wheelchair, and or other equipment provided as to prevent any mishap or accident. I agree not to use any equipment under the influence of alcohol, drugs or medication, medical marijuana, extreme fatigue or jet-lag and cause no willful damage. I am aware I do not have to drive or manually push the folding electric wheelchair in terrain or conditions I am not comfortable with or are above my physical and cognitive capabilities.
GRANT RECIPIENT DISCLAIMER
All grant recipients (GRANTEES) must present true statements in their grant applications. If any statements are deemed fictitious, or fraudulent, FOLD & GO WHEELCHAIRS® (GRANTOR), retains the right to revoke the grant and require full payment or return of any product originally provided to the grantee. The grantor also retains the right to request financial documents that confirm the grantee’s need for financial assistance. Additionally, if the grantee tries to capitalize on any product received, the grantor can revoke the grant and require full payment or return of any products the grantee has received from the grantor. The grantee can also have any grant revoked if they engage in any unfair or unethical business practices against the grantor that causes the grantor any financial loss. This includes chargebacks, lawsuits, BBB filings or complaints, bad reviews of any of the grantor’s products, or any slanderous public remarks against the grantor. By accepting our grant, the grantee and any of the grantee’s friends, acquaintances, or family members agree to adhere to these conditions.
All chairs purchased require Monthly Maintenance. This maintenance includes the checking of every bolt to ensure that each chair remains intact and safe for use. Included with each chair at the time of purchase is a small tool set, and for the 1st six months of ownership monthly email reminders are sent to the email provided on the order to remind people to check their bolts. Please DO NOT use Electric Power Tools for the Monthly Maintenance. These bolts ONLY need hand tightening. Failure to maintain the chair properly can cause the chair to malfunction while making it unsafe to drive. Improperly maintained chairs will also be subject to the loss of warranty due to this negligence.
Please note that all of our Wheelchair Models have been Patented by the U.S. Patent and Trademark Office as well as Globally with WIPO. These patents prohibit ANY modifications to the chairs since these modifications can limit the overall functionality, the overall safety, and fall outside the scope of the Patent. Any attempts to alter, to personally repair/fix, to diagnose issues with the chair, or any attempt to have a non-FOLD & GO Technician fix your chair will be subject to the loss of warranty. Any violation of our patented designed chairs will also deem the chair no longer safe for use until it is repaired and returned to its original state by one of our FOLD & GO Wheelchair Certified Technicians.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAILS SENT FROM US, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE, WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
SITE POLICIES, MODIFICATION, AND SEVER-ABILITY
Please review our other policies posted on this site. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Should the FOLD & GO Customer, for any reason feel the need to file any type of litigation against FOLD & GO WHEELCHAIRS, all cases must be filed in Travis County Located in the State of Texas. Any claims against our Products, Accessories or Parts must be made through the SERVICE page on our website: (1) Submit a Repair Request, (2) Schedule a Zoom Video Repair Call, (3) Attend the scheduled Zoom Video Repair Call in it’s entirety along with the Products, Accessories or Parts in question, (4) Ship the Products, Accessories or Parts in question back to the FOLD & GO Shipping Warehouse in Texas for an in person inspection.