Web Site Terms and Conditions

Your acceptance of these terms

By using this site ("The Rascal Company Site"), you acknowledge and agree to the terms of this Privacy and Security Policy stated above. If you do not agree to these terms, then you are not authorized to use this site. Electric Mobility Corporation (d/b/a The Rascal Company), hereinafter referred to as "The Rascal Company", reserves the right to change or modify these terms at any time. Your continued use of The Rascal Company web site following the posting of changes to these terms constitutes your acceptance of those changes.

Privacy Policy

The Rascal Company is committed to protecting the privacy of the visitors to our web site. The Rascal Company will ask you for personal information such as your name, e-mail address, mailing address, phone number, credit card information, gender, birth date, etc. for online shopping transactions, owner registration and entering our contest. The Rascal Company collects this information in order to ship orders and contact you if there is a problem, to send coupons, promotional materials and information about our company, to notify winners and fulfill prizes, for editorial and feedback, solicitation purposes and for other internal marketing purposes.

Notwithstanding anything in this Agreement to the contrary, you understand and agree that The Rascal Company may access, preserve and disclose any Submitted Information or other information we have received about you: (1) in response to subpoenas, court orders, legal process or when otherwise required by law, or to establish, protect, or exercise our legal rights or defend against legal claims; (2) to protect the rights and property of The Rascal Company or other entities; (3) if we believe it is necessary in order to investigate, prevent or take action regarding unauthorized distribution of another's intellectual property, illegal activities, fraud or situations involving potential threats to the safety of any person; (4) to our parent company, subsidiaries, joint ventures or other companies under common control with The Rascal Company; and (5) if The Rascal Company is acquired by or merged with another entity.

We may also use information we have received about you to resolve disputes or to investigate problems. We may disclose or access information whenever we believe in good faith that the law so requires or if we otherwise consider it necessary to do so to maintain service and improve our web site, products and services. Specifically, we may use information, such as your IP address, to help diagnose problems with our server, to manage The Rascal Company web site or to enhance The Rascal Company site based on the usage pattern data we receive.

Use of Cookies

Cookies are pieces of electronic data that a web site transfers to a visitor's computer for record-keeping purposes. Cookies allow our web site operators to customize your visits by saving your preferences while tracking information about your visit to our web site. We never save passwords or credit card information in cookies. The use of cookies is standard on the Internet and most major web sites use them. We use the data collected by cookies to retrieve certain information previously provided by you and to help us provide our visitors with a better experience at our web site. Many improvements and updates to the site are based on the data collected by cookies. Cookies also assist us in processing your shopping transactions. Information that we track with cookies includes the total number of visitors and pages viewed, the number of contest entries, and which areas of our web site you visited.

Although most browsers are initially set up to accept cookies, you can reset your browser preferences to indicate when a cookie is being sent or to refuse all cookies. However, note that if you refuse cookies you may have difficulty completing shopping transactions or entering contest.

Links to other sites

You should be aware that when you are on The Rascal Company web site, you could be directed to other sites that are beyond our control. Many of these other sites may send their own cookies to users, collect data, or solicit personal information and we do not guaranty the security of any information that you may disclose. The Rascal Company is not responsible or liable for the policies, actions or content of such web sites. These sites are linked only for your convenience and you access them at your own risk.

Security

The Rascal Company takes great care in providing secure transmission of your information over the Internet; however, no data transmission over the Internet can be guaranteed to be 100% secure. The Rascal Company cannot ensure and does not warrant the security of any information you transmit to us, which you do at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems. The technology we use to secure all sensitive information that is transmitted to us over the Internet is called SSL (secure socket layer) encryption. SSL is the method for accepting credit card information used by most major Internet retailers. It works by encrypting your credit card and personal information as soon as you submit your order.

Your Consent

By using our web site, you consent to the collection and use of this information in the manner we describe in this Agreement. Do not submit any information to The Rascal Company unless you are 18 years old or older.

Email Opt Out

To be removed from our e-mail communications distribution list, please email optout@TheRascalCompany.com.

Opting Out from Mail/Phone Communications

Should you wish not to be contacted via mail or phone by The Rascal Company in the future, please e-mail mailpreference@TheRascalCompany.com, call 1-800-MOBILITY (that's 1-800-662-4548), or write The Rascal Company, Mail Preference, PO Box 156, Sewell, NJ 08080 and indicate your preferences. Unless you specify what form of communication is acceptable, The Rascal Company will end all communication.

Do-Not-Call Policy

In order to protect the residential telephone subscriber’s privacy, comply with the Telephone Consumer Protection Act of 1991 (the "TCPS"), and to implement Federal Communications Commission (the "FCC") rules and regulations, effective December 20, 1992, The Rascal Company established a DO-NOT-CALL Policy (the "DNC Policy") and maintained a DO-NOT-CALL List (the "DNC List") to record the name and telephone number of individuals who requested not to receive telephone solicitations.

More recently, the Federal Trade Commission (FTC), in conjunction with the Telemarketing Sales Rule, established the National Do Not Call Registry for consumers to reduce the number of telemarketing calls they receive. The FTC, FCC and the states began enforcing the National Do Not Call Registry on October 1, 2003. In addition, beginning January 29, 2004, telemarketers were required to transmit their telephone number and, if possible, their name, to consumers’ caller ID services. Copies of the regulations can be found at www.ftc.gov. The Rascal Company fully complies with the newest rulings from the FTC. The company subscribes to the National Do Not Call Registry and uses a sophisticated computer system to eliminate any consumer who has registered with the list with whom we do not have a financial relationship or has not requested information within the specified timeframes. Additionally, The Rascal Company transmits its telephone number as required by federal legislation.

No Warranties

The Rascal Company does not warrant that The Rascal Company Site will operate error-free or that The Rascal Company Site and its server are free of computer viruses and other harmful components. If your use of the Rascal Company Site results in the need for servicing or replacing equipment or data, The Rascal Company is not responsible for those costs. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE RASCAL COMPANY SITE. THE RASCAL COMPANY IS PROVIDING THE RASCAL COMPANY SITE "AS IS." TO THE GREATEST EXTENT PERMITTED BY LAW, THE RASCAL COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE RASCAL COMPANY BE LIABLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION, RELATING TO THE RASCAL COMPANY SITE OR ARISING OUT OF THIS AGREEMENT, EVEN IF THE RASCAL COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. For purposes of this paragraph, references to THE RASCAL COMPANY shall be deemed to include THE RASCAL COMPANY' employees, directors, officers, licensees, representatives and subcontractors, and suppliers and distributors.

BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF THE FOREGOING WARRANTIES, LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR OTHER CLAIMS AND DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT APPLICABLE STATE OR FEDERAL LAW DOES NOT ALLOW THE COMPLETE EXCLUSION OR LIMITATION OF LIABILITY OF CLAIMS AND DAMAGES AS SET FORTH IN THIS AGREEMENT, THE RASCAL COMPANY' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Copyright and Trademark Information

The Rascal Company Site and all of its content are copyrighted materials, protected by U.S. and international copyright laws. The compilation of content on our web site is the exclusive property of The Rascal Company and may not be used for any purpose other than browsing, shopping, and using the services and information provided for your own private use. Additionally, all of the trademarks, service marks and logos displayed on this web site are registered and unregistered trademarks of The Rascal Company, suppliers, customers, or licensors. This web site and the information and content that it contains are the property of such entities. You are only permitted to use this web site as expressly authorized by The Rascal Company. Nothing contained herein transfers any express or implied right, title, or interest in the web site to you.

Additional Points about the Terms and Conditions of this User Agreement

These terms and conditions and the agreement they create, shall be governed by and interpreted according to the laws of the State of New Jersey (without applying the State's conflict-of-law principles). The Rascal Company reserves the right to bring any civil action in New Jersey, arising from your violation of the terms and conditions of this agreement. If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions. The Rascal Company may modify these terms and conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.

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