AGREEMENT BETWEEN USER AND Mobimed Rentals LLC.
Mobimed Rentals LLC, its parent company, divisions, subsidiaries, and/or affiliates (collectively, or
“we” or “us”) provide website features and other products and services to you when you (1) visit or
shop online, including without limitation, rtomobility.com, (2) use Mobimed Rentals products or
services online, through any Mobimed Rentals mobile application, or in any other electronic medium,
(3) use any Mobimed Rentals’s mobile applications, (4) manage your account electronically, make
online payments, use promotional offers electronically, enter contests and sweepstakes
electronically, manage deliveries electronically, request service electronically, (5) visit or shop at any
other website or application owned or operated by us, contact customer service representatives, or
(6) use software provided by us in connection with any of the foregoing (collectively, “Mobimed
Rentals’s Services”). The Mobimed Rentals’s Services are provided as a service to our customers.
Please review these Terms of Service that govern your use of the Mobimed Rentals’s Services. The
Mobimed Rentals’s Services are offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein.
Please read these Terms of Service carefully. By using any of the Mobimed Rentals’s Services, you:
(i) agree to all such terms, conditions, and notices; (ii) acknowledge that you have read and
understood these Terms of Service; (iii) represent that you are 18 or older; (iv) consent to be legally
bound by these Terms of Service; and (v) consent and agree to the contents of Mobimed Rentals’s
Privacy Policy described below. If you do not agree to these Terms of Service, do not use the
Mobimed Rentals’s Services or download any applications.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW
CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH Mobimed Rentals’S ON
AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS
AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND
ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE
CONSEQUENCES OF THIS IMPORTANT DECISION.
PRIVACY
We respect the privacy of our visitors to and users of the Mobimed Rentals’s Services. Please
review our Privacy Policy located here. By accessing, downloading, installing, using, and providing
information to or through the Aaron’s Services, you consent to the data handling practices relating to
Mobimed Rentals’s methods of collection, processing, disclosure, retention, and destruction of data
as set forth in the most current version of Mobimed Rentals’s Privacy Policy.
MODIFICATION/ADDITIONS TO TERMS OF SERVICE
We reserve the right to change the terms, conditions, and notices under which the Mobimed
Rentals’s Services are offered, including but not limited to any charges associated with the use of
the Mobimed Rentals’s Services. At certain places within the Mobimed Rentals’s Services, there
may be additional or other terms, conditions, and policies that apply to your use of that Service. By
using those Mobimed Rentals’s Services, you agree to abide by those terms, conditions, and
policies. We may change those terms and policies from time to time. Mobimed Rentals’s will not
“retroactively” change these Terms of Service, and any modifications Mobimed Rentals’s makes
shall take effect proactively, once you next access the Mobimed Rentals’s Services. By continuing to
use the Mobimed Rentals’s Services after we post any changes, you accept and agree to those terms, conditions, and policies, as modified. Please feel free to print out a copy of this Agreement for your records.
THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES The Mobimed Rentals’s Services may display, include, or make available third-party content
(including data, information, applications, and other products, services, and/or materials) or contain
links to the sites of others, including, but not limited to, unaffiliated third-party vendors and
promotional partners (“Third-Party Materials”). The Third-Party Materials may contain our
trademarks, logos, and intellectual property as we may license third parties this right from time to
time. Regardless, the Third-Party Materials are not under our control and we are not responsible for
the contents of any Third-Party Materials, including without limitation any content or link contained in
Third-Party Materials, or any changes or updates to Third-Party Materials. We are not responsible
for webcasting or any other form of transmission received from any Third-Party Materials. We are
providing the content and links to you only as a convenience, and the inclusion of any content or link
does not imply endorsement by us of the Third-Party Materials or any association with the owners or
operators of the Third-Party Materials. You acknowledge and agree that Mobimed Rentals’s is not
responsible for Third-Party Materials, including its accuracy, completeness, timeliness, validity,
intellectual property compliance, legality, decency, quality, or any other aspect thereof. Mobimed
Rentals’s does not assume and will not have any liability or responsibility to you or any other person
or entity for any Third-Party Materials. Your access to and use of Third-Party Materials is entirely at
your own risk and subject to each third party’s terms and conditions.
REGISTRATION/ACKNOWLEDGEMENT
We may use web beacons, pixel tags, .gif files, and the like, that allow for the collection of
information about your interactions on the Mobimed Rentals’s Services. These technologies may be
used, for example, to place advertisements, to understand site traffic patterns and the number of
visitors to the Mobimed Rentals’s Services, and to measure the effectiveness of advertisements or
the Mobimed Rentals’s Services. Web beacons, and the like, also enable third-parties involved in
advertising operations to recognize your browser as you navigate to other websites and are
necessary for the online delivery or placement of certain types of ads. By accepting these terms you
provide your prior consent for Mobimed Rentals’s to collect this information from any device you use
to access the Mobimed Rentals’s Services, including but not limited to, Mobimed Rentals’s-leased
devices, devices leased by Mobimed Rentals’s subsidiaries or affiliates, user-owned devices, or
devices owned by third parties.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Mobimed Rentals’s Services, you warrant to us that you will not use
the Mobimed Rentals’s Services for any purpose that is unlawful or prohibited by these Terms of
Service. You may not use Mobimed Rentals’s Services in any manner which could damage, disable,
overburden, or impair the Mobimed Rentals’s Services or interfere with any other party’s use and
enjoyment of the Mobimed Rentals’s Services. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or provided for through
the Mobimed Rentals’s Services.
MATERIALS PROVIDED TO OR POSTED ON THE Mobimed Rentals’S SERVICES You may post reviews, comments, photos, videos, and other content, and submit suggestions,
ideas, comments, questions, or other information, so long as the content is not illegal, obscene,
threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including
publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or
contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings,
or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-
mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content
you share, post, or submit. Mobimed Rentals’s reserves the right (but not the obligation) to remove
or edit such content but does not regularly review posted content. We do not claim ownership of the
content or materials that you provide to us, but if you do provide, post, upload, input, or submit
content or materials (including without limitation, reviews, photos, comments, video, feedback,
suggestions, or other content), you hereby grant Mobimed Rentals’s and any affiliated third parties,
franchisees, sublicensees, unaffiliated third party vendors, and promotional partners, a nonexclusive,
royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use, repost,
reproduce, transmit, modify, adapt, publish, perform, translate, reformat, create derivative works
from, distribute, and display such content and materials in any type of media for any purpose
whatsoever, and combine such content and materials with data from other websites, mobile
applications, and sources. You grant Mobimed Rentals’s and sublicensees the right to use the name
that you submit in connection with such content, if we choose, along with your city and
state/province. No compensation will be paid with respect to the use of your content or materials as
provided herein. By posting, inputting, providing or submitting content or materials, you represent
and warrant that you own or otherwise control all of the rights to such content and materials, that the
content or materials are accurate, that use of the content or materials that you supply does not
violate these Terms of Service and will not cause injury to any person or entity, and that you will
indemnify Mobimed Rentals’s for all claims resulting from content or materials that you supply.
Mobimed Rentals’s has the right but not the obligation to monitor and edit or remove any materials,
activity, or content. Mobimed Rentals’s takes no responsibility and assumes no liability for any
content or materials posted by you or any third party. We are under no obligation to post or use any
content or materials you may provide and may remove any content or materials at any time in our
sole discretion. We reserve the right at all times to disclose any information regarding any content or
materials as necessary to satisfy any applicable law, regulation, legal process, or governmental
request, in our sole discretion.
COPYRIGHT AND TRADEMARK NOTICES
All content included in or made available through the Mobimed Rentals’s Services, such as text,
graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and
software is the property of Mobimed Rentals’s or its content suppliers and protected by United
States and international copyright laws. The compilation of all content included in or made available
through the Mobimed Rentals’s Services is the exclusive property of Mobimed Rentals’s and
protected by U.S. and international copyright laws.
All rights reserved.TRADEMARKS
The trademarks, trade dress, logos, and service marks displayed on the Mobimed Rentals’s
Services (collectively the “Trademarks”) are our registered and unregistered trademarks or those of
our affiliates or suppliers in the U.S. and other countries. Under no circumstances may you copy,
alter, modify, or change the Trademarks. Nothing contained in the Mobimed Rentals’s Services
should be construed as granting any license or right to use any of the Trademarks without our
express permission. Any rights not expressly granted herein are reserved. All trademarks not owned by Mobimed Rentals’s that appear in any of the Mobimed Rentals’s Services are the property of their respective owners.
PATENTS
One or more patents owned by Mobimed Rentals’s may apply to the Mobimed Rentals’s Services
and/or to the products, features and services accessible via the Mobimed Rentals’s Services.
INTELLECTUAL PROPERTY INFRINGEMENT
Mobimed Rentals’s respects the intellectual property of others. If you believe that your intellectual
property rights are being infringed, please submit written claims to:
Mobimed Rentals’s Legal Department
3275 S John Young Pkwy, Suite 1066
Kissimmee, Florida 34746
Phone: 321-405-5445
Email: info@mobimedrentals.com
Written claims concerning infringement must include the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the
intellectual property interest;
A description of the work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located within the Mobimed
Rentals’s Services;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the
owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the owner or authorized to act on the owner’s behalf.
LICENSE AND ACCESS
You acknowledge and agree that the Mobimed Rentalss Services are licensed, not sold, to you. All
right, title and interest in the Mobimed Rentals’s Services and any content contained herein is our
exclusive property, except as otherwise stated. Subject to your strict compliance with these Terms of
Service (and your payment of any fees, if applicable), Mobimed Rentals’s grants you a limited, non-
exclusive, non-transferable, non-sublicensable license to access, stream, download, install, and
make personal and non-commercial use, as applicable and at your expense, of the Mobimed
Rentals’s Services. This license does not include any resale or commercial use of any of the
Mobimed Rentals’s Services, or its contents, any collection and use of any product listings,
descriptions, or prices, any derivative use of any of the Mobimed Rentals’s Services or its contents,
any downloading, copying, or other use of account information for the benefit of any third party, or
any use of data mining, scraping, robots, or similar data gathering and extraction tools. In addition,
this license does not allow you to:
use the Mobimed Rentals’s Services on any devices that you do not own or have a right to control
and operate;
copy the Mobimed Rentals’s Services;
modify, translate, adapt, or otherwise create derivative works or improvements, whether or not
patentable, of the Mobimed Rentals’s Services; reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to
the source code of the Mobimed Rentals’s Services or any part of the Mobimed Rentals’s Services;
remove, delete, alter, or obscure any trademarks or any copyright, patent, or other intellectual
property or proprietary rights notices from the Mobimed Rentals’s Service, including any copy of
these notices;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available
the Mobimed Rentals’s Services, or any features or functionality of the Mobimed Rentals’s Services,
to any third party for any reason.
All rights not expressly granted to you in these Terms of Service are reserved and retained by
Mobimed Rentals’s or its licensors, suppliers, publishers, rightsholders, or other content providers.
None of the Mobimed Rentals’s Services, nor any part of the Mobimed Rentals’s Services, may be
reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial
purpose without express written consent of Mobimed Rentals’s. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary information (including images, text,
page layout, or form) of Mobimed Rentals’s without express written consent. You may not use any
meta tags or any other “hidden text” utilizing Mobimed Rentals’s name or trademarks without the
express written consent of Mobimed Rentals’s. You may not misuse the Mobimed Rentals’s
Services.
TERMINATION/ACCESS RESTRICTION
We reserve the right, in our sole discretion, to terminate your access to the Mobimed Rentals’s
Services and the related services or any portion thereof at any time, without notice.
ADDITIONAL SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to
the software) and any related documentation we make available to you in connection with the
Mobimed Rentals’s Services, including any mobile application we make available to you (the
“Mobimed Rentals’s Software”).
Use of the Mobimed Rentals’s Software. You may use Mobimed Rentals’s Software solely for
purposes of enabling you to use the Mobimed Rentals’s Services as provided by Mobimed
Rentals’s, and as permitted by these Terms of Service. You may not incorporate any portion of the
Mobimed Rentals’s Software into other programs or compile any portion of it in combination with
other programs, or otherwise copy (except to exercise rights granted in this section), modify, create
derivative works of, distribute, assign any rights to, or license the Mobimed Rentals’s Software in
whole or in part. All software used in the Mobimed Rentals’s Services is the property of Mobimed
Rentals’s or its software suppliers and is protected by United States and international copyright laws.
Use of Third Party Services. When you use the Mobimed Rentals’s Software, you may also be using
the services of one or more third parties, such as a wireless carrier or a mobile software provider.
Your use of those third-party services may be subject to the separate policies, terms of use, and
fees of those third parties.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or
bypass any security associated with the Mobimed Rentals’s Software, whether in whole or in part.
Updates. We may from time to time in its sole discretion offer automatic or manual updates to the
Mobimed Rentals’s Services and Mobimed Rentals’s Software without notice to you. Updates may
include upgrades, bug fixes, patches, other error corrections, and new features. Such updates may
also modify or delete in their entirely certain features and functionality. You agree that Mobimed
Rentals’s has no obligation to provide any updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when connected to the internet, the
Mobimed Rentals’s Services will either automatically download and install all available updates, or
you may receive notice of or be prompted to download and install available updates. You agree to
promptly download and install all updates and acknowledge and agree that the Mobimed Rentals’s
Services or portions thereof may not properly operate should you fail to do so. You further agree that
all updates are deemed part of the Mobimed Rentals’s Services and are subject to all terms and
conditions of this Agreement.
Government End Users. If you are a U.S. Government end user, we are licensing the Mobimed
Rentals’s Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal
Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Mobimed Rentals’s Software
are the same as the rights we grant to all others under these Terms of Service.
Conflicts. In the event of any conflict between these Terms of Service and any other Mobimed
Rentals’s or third-party terms applicable to any portion of Mobimed Rentals’s Software, such as
open-source license terms, such other terms will control as to that portion of the Mobimed Rentals’s
Software and to the extent of the conflict.
YOUR ACCOUNT
You may need an Mobimed Rentals’s account to use certain Mobimed Rentals’s Services, and you
may be required to be logged into the account and have a valid payment method associated with it.
If there is a problem charging your selected payment method, we may charge any other valid
payment method associated with your account. You are responsible for maintaining the
confidentiality of your account and password and for restricting access to your account, and you
agree to accept responsibility for all activities that occur under your account or password. Your
credentials should be unique, difficult to guess, different from your other credentials, and should not
be shared with others. Mobimed Rentals’s does not sell or lease products or provide services to
children. Mobimed Rentals’s reserves the right to refuse service, terminate accounts, terminate your
rights to use the Mobimed Rentals’s Services, remove or edit content, or cancel orders in its sole
discretion.
APP PERMISSIONS
When you use apps created by Mobimed Rentals’s you may grant certain permissions to us for your
device. Most mobile devices provide you with information about these permissions. You can view
permissions in apps created by Mobimed Rentals’s by following these instructions.
For most Android devices:
Open the main Settings app.
Select Apps or Application Manager.
Select an app.
Scroll to Permissions to see the features the app has permission to use.
For most iOS devices:
Open the iOS Settings screen.
Select the app to see the features the app has permission to use.
For most Windows devices:
On the Start screen, tap or click Store to open the Windows Store.
Search or browse for an app, and then tap or click it.
Scroll to the Details section of the app’s description page to see the features the app has permission
to use.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE INFORMATION, CONTENT, SOFTWARE, APPLICATIONS, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THE Mobimed Rentals’s SERVICES MAY INCLUDE
INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE Mobimed
Rentals’s SERVICES AND WE MAY MAKE CHANGES TO THE Mobimed Rentals’s SERVICES AT
ANY TIME. ADVICE RECEIVED VIA THE Mobimed Rentals’s SERVICES SHOULD NOT BE
RELIED UPON FOR PERSONAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION. YOU ACKNOWLEDGE THAT THERE ARE INHERENT RISKS TO PROVIDING
PERSONAL INFORMATION AND ACCOUNT NUMBERS OVER THE INTERNET. ALWAYS USE
CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT
YOURSELF. YOU AGREE TO DETERMINE WHETHER THE Mobimed Rentals’s SERVICES ARE
SUFFICIENTLY SECURE TO MEET YOUR NEEDS. YOU UNDERSTAND THAT YOU ARE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA ACCESSED OR DOWNLOADED
FROM OR OTHERWISE PROVIDED THROUGH THE Mobimed Rentals’s SERVICES. THE
Mobimed Rentals’s SERVICES AND ALL INFORMATION, SOFTWARE, APPLICATIONS,
PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT
WARRANTY OR CONDITION OF ANY KIND. NEITHER WE NOR OUR SUPPLIERS MAKE ANY
REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
APPLICATIONS, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED IN THE
Mobimed Rentals’s SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, Mobimed Rentals’s, ON ITS OWN BEHALF AND ON BEHALF OF ITS
AFFILIATES, FRANCHISEES, AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE
PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER WRITTEN, ORAL,
EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL,
DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE,
CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES’ CONDUCT OR
COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THIS
AGREEMENT OR IN CONFORMITY WITH USAGE, EQUITY OR LAW, OR OTHERWISE,
INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, WORKMANSHIP, CONFORMITY, FITNESS FOR A PARTICULAR
PURPOSE OR GENERAL PURPOSE, TITLE, OWNERSHIP, AND NON-INFRINGEMENT. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, AND EACH
OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS,
FRANCHISEES, REPRESENTATIVES, AGENCIES, AND SUPPLIERS, BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, (I) DAMAGES FOR LOSS
OF USE, DATA, PROFITS, REVENUE, OR GOODWILL, (II) THE COSTS OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, (III) PERSONAL INJURY, (IV) PROPERTY DAMAGE, (V)
BUSINESS INTERRUPTION, OR (VI) COMPUTER, MOBILE DEVICE, OR ELECTRONIC DEVICE
FAILURE OR MALFUNCTION, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE
OR PERFORMANCE OF THE Mobimed Rentals’s SERVICES, WITH THE DELAY OR INABILITY
TO USE THE Mobimed Rentals’s SERVICES OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE THE Mobimed Rentals’s SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, APPLICATIONS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE Mobimed Rentals’s SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF
THE Mobimed Rentals’s SERVICES, WHETHER BASED ON CONTRACT, EXTRA-
CONTRACTUAL LIABILITY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND EVEN IF WE OR
ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS,
REPRESENTATIVES, FRANCHISEES, AGENCIES, OR SUPPLIERS HAVE BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES/JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED
BY SUCH LOCAL LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Mobimed
Rentals’s SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Mobimed Rentals’s SERVICES.
INDEMNIFICATION
You agree to defend, indemnify, and hold Mobimed Rentals’s harmless (including our parents,
subsidiaries, franchisees, and affiliates, and all of our and their respective officers, directors,
employees, agents, licensors, and suppliers) against all claims, losses, expenses, damages and
costs (including reasonable attorneys’ fees) arising from or related to your use of the Mobimed
Rentals’s Services or breach of these Terms of Service. At our expense and election, we reserve the
right to assume the exclusive defense and control of any matter subject to indemnification by you
and you agree to cooperate with us in connection with our defense. Your indemnification obligation
shall survive the termination of these Terms of Service.
DISPUTES/ARBITRATION/CLASS ACTION WAIVER
1. DISPUTES SUBJECT TO INDIVIDUAL ARBITRATION/ CLASS ACTION WAIVER YOU
AND WE AGREE THAT ANY AND ALL DISPUTES ARISING OUT OF OR RELATING IN
ANY WAY TO THE MOBIMED RENTALS’S SERVICES (“Disputes”) SHALL BE RESOLVED
EXCLUSIVELY IN BINDING ARBITRATION RATHER THAN LITIGATION IN COURT. This
Agreement to arbitrate applies to all Disputes, whether based in contract, tort, statute, or any
other legal or equitable theory. Notwithstanding this Arbitration Agreement, you or Mobimed
Rentals’s may bring Disputes in an appropriate small claims court so long as the relief
requested falls within the jurisdiction of the small claims court, but neither you nor Mobimed
Rentals’s may bring claims in any other court. You and we agree that any questions about
the scope or enforceability of this Arbitration Agreement will be decided by a court, not the
arbitrator. You agree that we may file a lawsuit in court to enjoin infringement or other misuse
of intellectual property rights. YOU AND WE EXPRESSLY AGREE THAT ANY DISPUTE
RESOLUTION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A
CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE
ANY ABILITY TO BRING A CLASS OR REPRESENTATIVE ACTION IN ARBITRATION OR
TO SEEK RELIEF ON BEHALF OF A CLASS IN ARBITRATION. YOU ALSO EXPRESSLY
WAIVE ANY RIGHT TO BRING A CLASS ACTION IN COURT OR TO PARTICIPATE OR
OBTAIN BENEFITS IN A CLASS ACTION SOMEONE ELSE BRINGS IN COURT. You and
we acknowledge that this class action waiver is integral to the Arbitration Agreement. If a
court or arbitrator determines that the class action waiver is invalid or unenforceable, you
and we both agree that this Arbitration Agreement will not apply, and any Dispute shall be
resolved in court. That is, you and we agree that this class action waiver cannot be severed
from this Arbitration Agreement. It is the express intention of both parties not to proceed with
any Dispute by way of class arbitration. We also both agree that you or we may bring suit to
enjoin infringement or other misuse of intellectual property rights. Arbitration is a process to
resolve disputes before a neutral person (an arbitrator) instead of having a trial in court with
a judge and/or jury. THEREFORE, BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU ARE WAIVING YOUR RIGHTS TO TRIAL BY JURY. YOU ARE ALSO
WAIVING YOUR RIGHTS TO BRING CLAIMS IN COURT AND TO BRING OR
PARTICIPATE IN A CLASS ACTION. An arbitrator can award the same damages and relief
as a court except that, in the case of injunctive or declaratory relief, an arbitrator cannot
issue an injunction or declaratory judgment that extends beyond you and Mobimed Rentals’s
and affects Mobimed Rentals’s obligations or liability to other parties. An arbitrator can,
however, issue an injunction or declaratory judgment on your claims so long as it is limited to
providing you with individual relief. Arbitration is more informal than litigation and generally
provides a quicker and more cost-effective way to resolve Disputes, but there is only limited
discovery in arbitration, and there is only very limited review of an arbitrator’s decision.
2. ARBITRATION PROCEDURES AND RULES You and Mobimed Rentals’s agree that this
Arbitration Agreement is subject to and governed by the Federal Arbitration Act, 9 U.S.C.
Section 1, et seq. Arbitration shall be conducted by the American Arbitration Association
(“AAA”) pursuant to its Commercial Arbitration Rules and Consumer Related Disputes
Supplemental Procedures. Those rules are available at www.adr.org. or by calling the AAA
at 1-800-778-7879. A single arbitrator will decide our Disputes. To initiate an arbitration, you
must file a demand for arbitration with the AAA, following the AAA’s rules and procedures as
set forth at www.adr.org. Arbitration shall be held in the state in which you reside at the time
you initiate the arbitration. You may choose to have the arbitration conducted by telephone,
based on written submissions, or in person in the county where you live or at another
mutually agreed location.
3. COSTS AND ATTORNEY’S FEES IN ARBITRATION If you file an arbitration claim against
Mobimed Rentals’s hereunder, Mobimed Rentals’s agrees to pay the AAA initial filing fee on
your behalf for claims totaling less than $1,000, unless the arbitrator determines that the
claims are frivolous. Except for such initial filing fee, you and we agree that we will each be
responsible for our own costs and attorneys’ fees in arbitration. The arbitrator’s fees will be
divided between us as set forth in the AAA’s Consumer Related Disputes Supplemental
Procedures. If you are the prevailing party in the arbitration, Mobimed Rentals’s agrees to
pay you for any arbitrator fees you paid in the arbitration or to pay the arbitrator for any fees
owed by you. If you prevail in the arbitration and are entitled to recover your attorneys’ fees
or costs under an applicable statute or common law doctrine, then the arbitrator has the
authority to award you such fees and costs but is not required to do so. Mobimed Rentals’s
agrees that it will not seek to recover its attorneys’ fees and costs from you even if it prevails
in the arbitration and is entitled to recover those fees and costs under an applicable statute
or common law doctrine, unless the arbitrator determines that the claims are frivolous.
GENERAL
Use of the Mobimed Rentals’s Services is unauthorized in any jurisdiction that does not give effect to
all provisions of these Terms of Service. By using the Mobimed Rentals’s Services, you agree that
the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, U.S.A.
without regard to its conflict of law provisions, will govern these Terms of Service and any dispute
that might arise between you and Mobimed Rentals’s. Except with respect to Disputes to be
resolved through an arbitration process in accordance with the Arbitration Agreement contained
above, you and Mobimed Rentals’s hereby consent and submit to the exclusive jurisdiction of the
courts located in Orlando, Florida to resolve any Dispute arising out of the Agreement. YOU
HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY
HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED
TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING
OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. YOU AGREE THAT ANY
CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT,
OR THE MOBIMED RENTALS’S SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR
AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF
ACTION SHALL BE PERMANENTLY BARRED. You agree that you are not entering into a joint
venture, partnership, employment, or agency relationship with us as a result of these Terms of
Service or use of the Mobimed Rentals’s Services. Our performance of these Terms of Service is
subject to existing laws and legal process, and nothing contained in these Terms of Service are in
derogation of our right to comply with governmental, court and law enforcement requests or
requirements relating to your use of the Mobimed Rentals’s Services or information provided to or
gathered by us with respect to such use. No failure or delay on our part to exercise or enforce any
right or provision under these Terms of Service will operate as a waiver of such provision or any
rights, nor will any single or partial exercise of any right preclude any other or further exercise of any
other right. If any part of these Terms of Service is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision shall be deleted and the
remainder of the Terms of Service shall be in full force and effect. The Section titles in these Terms
of Service are for convenience only and have no legal or contractual effect. These Terms of Service
operate to the fullest extent permissible by law. These Terms of Service and our Privacy Policy
constitute the entire agreement between the user and us with respect to the Mobimed Rentals’s
Services and it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and us with respect to the Mobimed Rentals’s Services.
This Agreement shall not be assignable by you, either in whole or in part. Mobimed Rentals’s
reserves the right to assign its rights and obligations under this Agreement. It is the express wish of
the parties that this agreement and all related documents be drawn up in English.
CUSTOMER TRANSACTION – CONFLICTS
You expressly agree that these Terms of Service for use of the Mobimed Rentals’s Services are
independent and separate from the contract for a purchase or lease transaction that you enter into
with us, including the Mobimed Rentals’s Arbitration Agreement entered into in connection with a
purchase or lease transaction. Any lease transaction with us is governed by your Lease Purchase
Agreement, Rent to Own Agreement, Consumer Rental Purchase Agreement, Lease Agreement
with an Option to Purchase, Lease Agreement, or Rental Purchase Agreement (as denominated
under state law) and is the only contract between you and us with respect to the merchandise and
services set forth in that contract. Nothing in these Terms of Service should be interpreted to change
or modify any terms of that contract, or the Mobimed Rentals’s Arbitration Agreement entered into in
connection with a purchase or lease contract, or to create a separate contract between you and us
regarding the purchase or lease transaction. In the event of any conflict between these Terms of
Service and the contract covering your purchase or lease transaction or the Mobimed Rentals’s
Arbitration Agreement entered into in connection with a purchase or lease contract, the contract
covering your purchase or lease transaction and such Mobimed Rentals’s Arbitration Agreement, will
apply and prevail.
ELECTRONIC COMMUNICATIONS
When you use the Mobimed Rentals’s Services, or send e-mails, text messages, and other
communications from your desktop or mobile device to us, you may be communicating with us
electronically. You consent to receive communications from us electronically, such as e-mails, texts,
mobile push notices, or notices and messages on or through the Mobimed Rentals’s Services, and
you can retain copies of these communications for your records. 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. Your cellular provider’s message & data rates
may apply to your use of the Aaron’s Services, and payment is your responsibility
TEXT/SMS WIRELESS CALLING POLICY
Account Management (Short Code 30305): When you provide Mobimed Rentals’s with your phone
number, you expressly consent to Mobimed Rentals’s or its agent(s) sending you text messages to
any phone number(s) you provide to Mobimed Rentals’s or that Mobimed Rentals’s obtains for you
regarding your account, account management, payments, payment arrangements, delivery, account
surveys, your Mobimed Rentals’s Club membership (if applicable), and any other account related
information (collectively, “Account Communications”). This consent includes telephone calls or
text/SMS messages placed using an artificial or pre-recorded voice or an automatic telephone
dialing system or predictive dialer. You understand that, when you receive such calls or texts, you
may incur a charge from the company that provides you with telecommunications, wireless and/or
internet services. You agree that Mobimed Rentals’s will not be liable to you in any way for calls or
texts placed pursuant to this consent. Mobimed Rentals’s will send up to 12 text messages per
month with Account Communications. The number of Account Communications text messages sent
each month related to your account depends on your account activity during the month. Information
you provide to Mobimed Rentals’s will be used in a manner consistent with Mobimed Rentals’s
Privacy Policy, which can be found at http://rtomobility.com/privacy-policy/.
All Messages: Your cellular provider’s message & data rates may apply, and payment is your
responsibility. Text messages will be sent via automatic telephone dialing system or through other
automated software. Mobimed Rentals’s cannot guarantee message delivery. You agree to notify us
immediately if you change your mobile phone number. If we modify this Text/SMS Wireless Calling
Policy, we will notify you by sending you a text message with a link to the new policy. We may
terminate our text message program at any time.
Opt-Out:
(i) If you wish to stop receiving Account Communications text messages, reply to any text message
we sent to you by texting the word STOP. You agree to receive a final text message confirming your
opt-out. Opting out of text messages related to Account Communications, will not stop Marketing
Communications text messages .
(ii) If you wish to stop receiving Marketing Communications text messages, reply to any text
message we sent to you by texting the word STOP. You agree to receive a final text message
confirming your opt-out. Opting out of text messages related to Marketing Communications, will not
stop Account Communications text messages or Store Communications.
(iii) If you wish to stop receiving Store Communications text messages, reply to any text message we
sent to you by texting the word STOP. You agree to receive a final text message confirming your
opt-out. Opting out of text messages related to Store Communications, will not stop Account
Communications text messages or Marketing Communication.
Participating Carriers: AT&T, Sprint/Boost/Virgin, T-Mobile/MetroPCS, Verizon Wireless, C Spire
Wireless, Carolina West Wireless (CWW), CellCom USA, Google Voice, U.S. Cellular, ACS/Alaska,
Advantage Cellular (DTC Wireless), Aio Wireless/Cricket, Appalachian Wireless, Atlantic Tele-
Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Cellular
Network Partnership (PIONEER), Cellular One of East Central Illinois, Chariton Valley Cellular, Chat
Mobility USA, ClearTalk(Flat Wireless), Copper Valley, Coral Wireless (Mobi PCS), Cross Telephone
Company (MBO Wireless), Duet IP (Maximum Communications New Core Wireless), Element
Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI Communications Corp, Golden State
Cellular, i Wireless (IOWA Wireless), Illinois Valley Cellular (IV Cellular), Immix(Keystone Wireless),
Inland Cellular Telephone Company, Leaco, Mosaic (Consolidated or CTC Telecom), MTA
Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Northwest Missourri Cellular
Limited, Panhandle Telecommunications Systems(PTCI), Peoples Wireless, Pine Belt Wireless,
Pine Cellular, Revol Wireless USA, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation,
SouthernLinc, SRT Wireless, Texas RSA 3 Ltd(Plateau Wireless), Thumb Cellular, Union Telephone
Company(Union Wireless), United Wireless, Viaero Wireless, West Central Wireless (5 Star
Wireless).
Participating carriers are not liable for delayed or undelivered messages.
SANCTIONS AND EXPORT POLICY
You may not use any of the Mobimed Rentals’s Services if you are the subject of U.S. sanctions or
of sanctions consistent with U.S. law imposed by the governments of the country where you are
using the Mobimed Rentals’s Services. You must comply with all U.S. or other export and re-export
restrictions that may apply to goods, software (including Mobimed Rentals’s Software), technology
and services.
QUESTIONS
For questions about these Terms of Service, the Mobimed Rentals’s Services, or if you believe that
we have not adhered to these Terms of Service, please contact us at Mobimed Rentals, Legal
Department, 3275 S John Young Pkwy, Kissimmee FL 34746 or at info@mobimedrentals.com. We will
use commercially reasonable efforts to respond to and remedy any problems. Last Updated September,
2025.
© 2025 Mobimed Rentals LLC. All Rights Reserved.
