AGREEMENT TO TERMS
Welcome to SCV Carts LLC ("SCV Carts," "we," "us," or "our"). Please read these terms of use ("Terms") carefully before using our website (the "Site"). These terms constitute a legally binding agreement between you ("you" or "user") and SCV Carts. By accessing or using the site, you agree to be bound by these terms. If you do not agree with all of these terms, you are prohibited from using the site and must discontinue use immediately.
Modification of Terms
SCV Carts reserves the right to revise, update, and modify these terms at any time without prior notice. Your continued use of the site after any changes to these terms will signify your acceptance of the revised terms. It is your responsibility to review these terms periodically for changes.
Use of the Site
The site is intended for individuals who are at least 18 years old. By using the site, you represent and warrant that you are at least 18 years old and that you have the legal capacity to enter into these terms.
Intellectual Property
The content, design, graphics, and other materials related to the site ("content") are protected by intellectual property laws, including copyright, trademark, and other proprietary rights. You may not use, reproduce, modify, transmit, distribute, or publicly display the content without our prior written consent.
User Representations
By using the site, you represent and warrant that:
1. You have the legal capacity and agree to comply with these terms.
2. You are not a minor in the jurisdiction in which you reside.
3. You will not use the site for any illegal or unauthorized purpose.
4. Your use of the site will not violate any applicable law or regulation.
Prohibited Activities
You agree not to:
1. Use the site for any commercial purposes without our express written consent.
2. Access the site using automated or non-human means.
3. Use the site to advertise or offer to sell goods and services.
4. Interfere with, disrupt, or create an undue burden on the site or its networks.
5. Upload or transmit viruses, trojan horses, or other harmful materials.
6. Use the site in a manner inconsistent with any applicable laws or regulations.
User-Generated Content
The site may allow you to submit, post, or display content ("user content"). By submitting user content, you represent and warrant that:
1. You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use your user content.
2. Your user content does not violate the rights of any third party.
3. Your user content complies with these terms and applicable laws.
You retain ownership of your user content. By submitting user content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your user content in connection with the site.
Guidelines for Reviews
We may provide you with areas on the site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
1. You should have firsthand experience with the person/entity being reviewed.
2. Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language.
3. Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
4. Your reviews should not contain references to illegal activity.
5. You should not be affiliated with competitors if you post negative reviews.
6. You should not make any conclusions as to the legality of conduct.
7. You may not post any false or misleading statements.
8. You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have no obligation to monitor your contributions.
Submissions
Any questions, comments, suggestions, ideas, feedback, or other information regarding the site (“submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Third-Party Websites and Content
The site may contain links to other websites (“third-party websites”) as well as articles, photographs, text, graphics, and other content or items belonging to or originating from third parties (“third-party content”). Such third-party websites and third-party content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any third-party websites accessed through the site or any third-party content posted on, available through, or installed from the site.
Advertisers
We allow advertisers to display their advertisements and other information on the site. If you are an advertiser, you take full responsibility for any advertisements you place on the site and any services provided on the site or products sold through those advertisements.
Site Management
We reserve the right to monitor the site for violations of these terms, take appropriate legal action against anyone who violates the law or these terms, and manage the site to protect our rights and property.
Privacy Policy
Please review our privacy policy. By using the site, you agree to be bound by our privacy policy.
Term and Termination
These terms of use shall remain in full force and effect while you use the site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site, to any person for any reason or no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or any applicable law or regulation. We may terminate your use or participation in the site or delete any content or information that you posted at any time, without warning, in our sole discretion.
Suppose we terminate or suspend your account for any reason. In that case, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our site. We also reserve the right to modify or discontinue all or part of the site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the site.
We cannot guarantee the site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the site during any downtime or discontinuance of the site. Nothing in these terms of use will be construed to obligate us to maintain and support the site or to supply any corrections, updates, or releases in connection in addition to that.
Governing Law
These terms of use and your use of the site are governed by and construed in accordance with the laws of the state of California applicable to agreements made and to be entirely performed within the state of California, without regard to its conflict of law principles.
Dispute Resolution
Binding Arbitration
If the parties are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. You understand that without this provision, you would have the right to sue in court and have a jury trial. The arbitration shall be commenced and conducted under the commercial arbitration rules of the American Arbitration Association (“aaa”) and, where appropriate, the aaa’s supplementary procedures for consumer-related disputes (“aaa consumer rules”), both of which are available at the aaa website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA consumer rules and, where appropriate, limited by the AAA consumer rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Los Angeles County, California. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in Los Angeles County, California, and the parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on contracts for the international sale of goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these terms of use.
In no event shall any dispute brought by either party related in any way to the site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.
Restrictions
The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The parties agree that the following disputes are not subject to the above provisions concerning binding arbitration: (a) any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.
Corrections
There may be information on the site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the site at any time, without prior notice.
Disclaimer
The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitations of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us. 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 or limitations may not apply to you, and you may have additional rights.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of (1) your contributions; (2) use of the site; (3) breach of these terms of use; (4) any breach of your representations and warranties outlined in these terms of use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the site with whom you connected via the site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.
User Data
We will maintain certain data that you transmit to the site to manage the performance of the site, as well as data relating to your use of the site. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic communications, transactions, and signatures
Visiting the site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the complaint assistance unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., suite n 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Miscellaneous
These terms of use and any policies or operating rules posted by us on the site or in respect to the site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these terms of use shall not operate as a waiver of such right or provision. These terms of use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these terms of use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these terms of use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these terms of use or use of the site. You agree that these terms of use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these terms of use and the lack of signing by the parties hereto to execute these terms of use.
Contact Us
If you have any questions about these terms of use, please contact us at info@scvcarts.com
Return Policy
Returns and exchanges: at SCV Carts Llc, we aim to provide our customers with high-quality new and used golf carts. If you are not entirely satisfied with your purchase, we’re here to help.
Return period: you have 10 days from the date of purchase to return or exchange your golf cart.
Eligibility for return/exchange: to be eligible for a return or exchange, the golf cart must be in the same condition as you received it, with a maximum of 5 additional miles from the original odometer reading. It must also be in the original packaging. Used carts must show no signs of significant wear and tear beyond what was stated at the time of purchase.
Non-Returnable Items:
• Customized golf carts: golf carts that have been customized according to your specifications cannot be returned unless there is a manufacturing defect or an error on our part.
• Accessories: golf cart accessories and parts are not eligible for return or exchange unless they are defective.
How to initiate a return/exchange: to initiate a return or exchange, please contact our customer service team at Info@SCVCarts.com or 661-388-2648. You will need to provide your order number and details about the product you wish to return. We will guide you through the process.
Restocking Fee: a restocking fee of 20% will apply to returns.
Refunds/Exchanges: upon receipt of your returned item, we will inspect it and notify you regarding the status of your refund or exchange. If your return is approved, we will initiate a refund to your original method of payment or process the exchange as agreed.
Shipping: you will be responsible for paying shipping costs for the return of your product. Shipping costs are non-refundable. If you receive a refund, the cost of the original shipping will be deducted from your refund.
Contact Us: if you have any questions about our return policy, please contact us at Info@SCVCarts.com or 661-388-2648.
Please note: this return policy is subject to change without notice. It is your responsibility to review this policy periodically for changes. The policy can be found on SCVCarts.com/terms
Texting and Communication Clause
By providing your phone number to SCV Carts LLC, you consent to receive text messages from us for the purpose of business communication and customer inquiries. We may use this number to respond to your inquiries, provide information about our products or services, or for other business-related matters. You will not receive marketing or promotional text messages unless explicitly requested. Standard messaging rates may apply.
How We Use Texting:
Customer Inquiries: You may choose to reach out to us via text for inquiries or support.
During Phone Calls: If you are on a phone call with us and request communication via text, we may use this method to provide information or updates.
Opting Out:
If at any time you no longer wish to receive text messages from us, please inform us via email at info@scvcarts.com, and we will respect your preferences.
Note: SCV Carts LLC is committed to protecting your privacy. Your contact information, including your phone number, will not be used for marketing purposes without your explicit consent.
Thank you for choosing SCV Carts Llc for your golf cart needs. We appreciate your business!