Beverly Hills Bike Share Rental Agreement & Waiver
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE RENTING OR USING A BICYCLE (“BIKE”) FROM CYCLEHOP, LLC, CYCLEHOP WEST SIDE, LLC, OR ANY OF THEIR AFFILIATES (COLLECTIVELY, “CYCLEHOP”) DBA BEVERLY HILLS BIKE SHARE, AND THE CITY OF BEVERLY HILLS, IN ITS CAPACITY AS OWNER OF THE BEVERLY HILLS BIKE SHARE PROGRAM. CYCLEHOP AND THE CITY ARE JOINTLY REFERENCED HEREIN AS “OPERATOR”. BY RENTING OR USING A BIKE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING, BUT NOT LIMITED TO, THE WAIVERS, RELEASES AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF USE, YOU ARE NOT PERMITTED TO RENT OR USE A BIKE FROM OPERATOR OR ITS AFFILIATES.
PARTIES, CONSIDERATION AND BIKE SHARE PROGRAM DESCRIPTION
1. AGREEMENT. These Bicycle Rental Terms and Conditions of Use (this “Agreement”) are between you (“You” or “Rider”) and Operator.
1.1. CONSIDERATION: In consideration of Operator renting a Bike to Rider, Rider agrees to the terms and conditions of this Agreement.
1.2. EQUIPMENT. Operator maintains a network of hub stations (“Stations”) where Bikes are docked at Bike racks (“Rack”) using an electronically controlled lock (“Lock”). Kiosks are located at some Stations for renting Bikes. Bikes are equipped with global positioning system devices. All of the foregoing equipment and other equipment located at a Station or that consists of any Bike, in whole or part, shall be referred to as “Operator Equipment.”
1.3. HOW IT WORKS.
(1) Purchase a membership online at beverlyhillsbikeshare.com, from a self-service kiosk located at a hub station, or from the Social Bicycles smart phone app.
(2) Once Rider purchases a membership, Rider can access a bicycle in one of the following ways: sign into your account at beverlyhillsbikeshare.com and reserve a bicycle for up to ten (10) minutes, or use the Social Bicycles app to locate an available bike and reserve the bicycle for up to ten (10) minutes, or by walking up to a bike and entering your account number and PIN using the keypad on-board the bicycle located on the bicycle rear rack. Please note that when using the reservation feature you will only have ten (10) minutes from the time you reserved the bicycle to the time you unlock the bicycle.
(3) The Lock should be holstered properly on the rear rack during Bike use, and used to lock the Bike whenever the Bike is not in use, including at locations other than a Rack at a designated station. Rider’s period of Bike rental begins either when the Bike is unlocked or at the time the Rider reserves a Bike with the mobile app or on the website. The Rental Period ends when the Bike is locked at a designated hub location or at any other public bike rack using the yellow Lock bar. (“Rental Period”). Rider must wait for verification, on the Bike screen, indicating the Rental Period has ended. Additional fees will apply if the Bike is not returned and locked to a designated station. Rental Periods will be rounded up and then prorated to the next highest minute.
1.4. BOUNDARIES. Bikes may not be left outside of the boundaries posted at each Station (“Program Area”), shown on the mobile app, and visible on the program website www.beverlyhillsbikeshare.com. Locking the bike constitutes expiration of the Rental Period and a $20.00 fee will be charged to Rider’s account each time the Bike is locked outside the Program Area boundaries.
2.BICYCLE RENTAL PLANS AND FEES
2.1. SYSTEM TEST. The City of Beverly Hills will conduct a pilot test of the bike share program beginning the week of February 22, 2016 and ending on April 22, 2016. Volunteer system test riders will be able to ride Beverly Hills Bike Share bicycles for free through April 22, 2016. During the test period, each volunteer may ride the Beverly Hills bikes for up to 60 minutes each calendar day. Volunteers will be held liable for any loss and all damages resulting from improper use or abuse of a Bike during the system test period. After the conclusion of the system test on April 22, 2016, Volunteers will need to purchase one of the RENTAL PLANS listed in section 2.2. to continue having access to the bicycles. All applicable fees and credits will apply as described in sections 2.3. thru 2.11. of this RENTAL POLICY starting April 23, 2016.
2.2. RENTAL PLANS. You may purchase from Operator a Pay As You Go hourly plan, or a Monthly, Annual, founding member, or Student rental plan. The Pay As You Go plan requires a minimum purchase of $7 to activate an account, users are charged by the minute from the time the Bike is unlocked to the time the Bike is locked. The member plans entitle Rider to a fixed amount of Bike rental use per day, Monthly, Annual, and Student plans include 90 minutes of Bike use per day, which may be used in one trip or in multiple trips. Bike use exceeding the amount of time included in member plans is prorated to the minute and charged at the Pay As You Go rate of $7 per hour.
Rider’s unused rental time cannot be carried over from one day to another day. For example, if Rider purchases a Monthly, Annual or Student plan and does not rent a Bike for a full 90 minutes on a calendar day, Rider will still only be permitted to rent a Bike for 90 minutes for each remaining day of the Member plan without additional charge.
For the Pay As You Go plan, minutes are purchased in advance and the balance of available time is reduced when used. Unused minutes do not expire. For Monthly, Annual and Student memberships, “Daily Riding Time” is the number of minutes included with your plan each day. There will be no rollover credit. Riding minutes in excess of plan minutes will be rounded to the next highest minute and prorated at Pay As You Go rates.
• Hourly “Pay As You Go” plan for $7 per hour with 60 minute minimum purchase
• Monthly plan (90 minutes daily riding time) for $25.00 per month
• Founding Member Annual plan (90 minutes daily riding time) for $99.00 per year
• Student plan (90 minutes daily riding time) for $7.00 per month
In addition, the following applies to the rental plans:
• Monthly plans are recurring and Rider will be charged every 30 days until the membership is canceled by Rider. Annual plans are recurring and Rider will be charged every year until the membership is canceled by Rider. To cancel your membership, login to your account at beverlyhillsbikeshare.com.
• Overage fees for the Member plans will be charged on the 1st day of each month for the previous month.
• Overage fees for the Pay As You Go Plan will be charged to Rider within 7 days of initial use.
2.3. OVERAGE FEES. Riders with membership plans shall be responsible to pay any additional time beyond the time to which they are entitled in their chosen plan on any given day. Rider agrees to pay Operator for any additional time beyond the allocated use time at a rate of $7.00 per additional hour prorated by the minute.
2.4. MAXIMUM RENTAL TIME. If a Bike is not returned to a designated Hub within 12 hours of the start of Rider’s Rental Period, Operator may deem the Bike to be stolen and charge Rider the amount of $2,000.00.
2.5. FEE FOR NOT RETURNING (OR RETURNING) A BIKE TO A BEVERLY HILLS BIKE SHARE HUB. Each time a Rider does not return a Bike to a designated Hub the Operator may charge Rider $2.00. Each time Rider begins his or her Rental Period with a Bike that is not in a Beverly Hills Bike Share Hub, but returns that Bike to a Beverly Hills Bike Share Hub, the Rider shall receive a $1.00 credit to Rider’s account.
2.6. OUT OF PROGRAM AREA FEE. Operator may charge Rider $20.00 for each time Rider locks a Bike outside of the defined Program Area.
2.7. REPAIR FEE. If a Bike is damaged during Rider’s use of the Bike, beyond regular wear and tear, as a result of negligent or intentional conduct on the part of Rider, Rider shall be charged a fee that is equal to the cost of repairing such damage.
2.8. STOLEN BIKE FEE. If Rider leaves a Bike unlocked or unattended and it is stolen, Operator may charge Rider a replacement cost equal to $2,000.00.
2.9. VIOLATIONS. Rider shall be completely responsible, and shall indemnify Operator, for any tickets or fees assessed against the Bike or Operator during Rider’s Rental Period or as a result of the location where Rider parked the Bike. Rider is responsible for all tickets and moving violations incurred during the Rental Period. Rider agrees to reimburse Operator for any costs, expenses and/or attorney’s fees for processing, pursuing and/or defending any such claims.
2.10. CREDIT CARD OR DEBIT CARD. Rider must provide Operator a valid credit or debit card number and expiration date before being registered to use a Bike. Rider represents and warrants to Operator that Rider is authorized to use the credit or debit card information provided. Rider authorizes Operator to charge the credit or debit card for which information is provided for all fees incurred by Rider under this Agreement, and all fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Operator. In the event Rider’s payment method on file with Operator is declined for any reason, Operator may suspend Rider’s rental plan and ability to use any Bikes until all of Rider’s prior charges are paid in full and charge Rider a $5.00 reinstatement fee.
2.11. RENTAL OF MULTIPLE BICYCLES. Subject to program requirements and availability, a Rider who purchases a membership may rent up to 6 [six] Bikes at the same time on one account. If a Rider elects to rent multiple Bikes at the same time, Rider agrees to rent the first Bike for Rider’s own use and to make subsequent Bikes available to additional riders. If a Rider elects to rent multiple bikes, the first bike will utilize the Rider’s subscription minutes and additional bikes will be billed to the Rider’s account at the Pay As You Go rate of $7 per hour. Prior to riding, the additional rider renting a Bike under Rider’s account will need to review and accept this Agreement on the Bike’s keypad. Rider further acknowledges and agrees that (a) Rider shall be responsible for each Bike rented under Rider’s account, (b) Rider shall be responsible for ensuring that any individual operating or using a Bike rented under Rider’s account shall read and comply with this Agreement, and (c) Rider is fully and completely responsible and liable for all Claims (as defined in Section 5, below) arising from or related to another individual’s use of a Bike rented under Rider’s account.
In the event that Rider is renting multiple bicycles and one or more of the riders will be under eighteen (18) years of age, Rider agrees to the following:
YOU HEREBY AFFIRM THAT YOU ARE THE PARENT OR LEGAL GUARDIAN OF THE RIDER, WHO IS 16 YEARS OF AGE OR OLDER; YOU ARE AT LEAST 18 YEARS OF AGE; YOU HAVE THE LEGAL AND MENTAL CAPACITY TO ENTER INTO THIS AGREEMENT; YOU HAVE READ AND AGREED TO THIS AGREEMENT, FULLY UNDERSTAND ITS CONTENT, AND INTENTIONALLY AND VOLUNTARILY ACCEPT ITS TERMS ON BEHALF OF THE MINOR MEMBER; AND YOU AUTHORIZE THE USE OF THE SERVICES BY THE MINOR MEMBER.
2.12. RENTAL PROMOTIONS. The Operator may offer rental promotions that include discounted or free riding during the promotional period. To be eligible for the promotional period riders must subscribe to a rental plan online at beverlyhillsbikeshare.com, from a self-service kiosk located at a “Station”, or from the Social Bicycles smart phone APP. During such promotions riders with membership rental plans will not incur charges for additional rides beyond their plan’s allocated Daily Riding Time. Riders that choose to purchase monthly and annual membership plans during the promotional period will be charged the full membership plan fee as described in section 2.1. Pay-As-You-Go riders will not incur charges associated with ride time during the promotional period. At the end of the promotional period the operator will reinstate all user fees to regular operation rates.
ALL RIDERS, REGARDLESS OF RENTAL PLAN, SHALL BE RESPONSIBLE TO PAY ALL OTHER ASSOCIATED FEES INCLUDING OUT-OF-HUB AND OUT-OF-PROGRAM AREA FEES DURING PROMOTIONAL PERIODS AS STATED IN SECTIONS 2.3, 2.4, 2.5, 2.6, AND 2.7.
2.13 BEVERLY HILLS BIKE SHARE HELMET PILOT PROGRAM
The City of Beverly Hills will implement a Bike Share Helmet Pilot Program for a limited time. Bike share members can obtain a free helmet, based on availability/inventory, from a cashier at City Hall by showing proof of purchase of a Beverly Hills Bikes Share plan (e.g. mobile app screenshot or website registration printout) during the week (except holidays). The Beverly Hills Conference and Visitors Bureau (“BHCVB”) will be distributing the free helmets under the Beverly Hills Bike Share Helmet Program on weekends. A Rider can obtain an additional helmet(s) for other riders using the main Rider’s account. All riders must be present and each rider must sign a waiver form provided by the City or BHCVB representative.
The Rider acknowledges that use of the helmet(s) may cause or result in personal injury, property damage or other damage. The Rider agrees that he/she is using the helmet(s) at his/her own risk. The Rider further acknowledges that neither the City nor any of its officers, employees or agents, nor the BHCVB, its officers, employees or agents has made any representations regarding the safety of the helmet(s). The Rider further understands that a helmet cannot protect against foreseeable impacts, including, without limitation, injuries to the neck, spine, face or any other body part, and that these features are inherent risks of using the helmet(s).
To the fullest extent authorized by law, the Rider waives and releases the City, its officers, employees and agents, and the BHCVB, its officers, employees and agents from and against any and all claims, liabilities, losses, damages, attorneys’ fees, expenses or costs of whatever kind and nature arising out of, attributable to, or relating directly or indirectly to the undersigned’s use of the helmet provided or distributed by City or the BHCVB under the Beverly Hills Bike Share Helmet Pilot Program whether caused by negligence or any other cause. The Rider further agrees he/she will defend and indemnify the City, its officers, employees and agents, and the BHCVB, its officers, employees and agents if any claim or action is pursued for any injures, damages or death relating to any activity, including bicycle riding, involving the use of the helmet(s).
3.RESTRICTIONS AND OTHER TERMS AND CONDITIONS OF BIKE USE
3.1. REPRESENTATIONS AND WARRANTIES. As a condition precedent to Operator’s agreement to allow Rider to participate in the Bike Share Program and to rent a Bike, Rider represents and warrants to Operator that:
• Rider meets the minimum age requirements: (1) is 18 years of age or older to check out a Bike with a credit card; and (2) is 16 years of age or older to ride.
• Rider is experienced and familiar with the safe and competent operation of a bicycle, and that he/she is physically and mentally fit to ride the Bike.
• Rider is familiar with all applicable local, state, and county rules, regulations, codes and laws that relate to the safe and legal operation of a bicycle.
3.2. ACKNOWLEDGEMENTS AND AGREEMENTS. As a condition precedent to Operator’s agreement to allow Rider to participate in the Bike Share Program and to rent a Bike, Rider acknowledges and agrees as follows:
• Rider is fully aware that riding a bicycle on streets poses a risk of accident due to motorists, pedestrians, and road conditions, and rider must keep a proper lookout to avoid such accidents.
• Rider is fully trained and capable of operating and riding a Bike and is not relying on Operator to learn how to operate or ride a Bike.
• Failure to use a helmet and protective gear or to use the bicycle in a careful and reasonably competent manner may result in bodily injury or death.
• Rider is solely responsible for obtaining and using a helmet and protective gear.
• Riders under the age of 18 are required to wear a helmet pursuant to Cal. Vehicle Code § 21212(a).
• Rider is solely responsible for operating and riding a Bike in a careful and reasonably competent manner.
• A helmet and protective gear, even when used, does not eliminate the risk of bodily injury in the event of an accident.
• All Bikes are and shall remain the exclusive property of Operator at all times.
• Rider is solely responsible for any moving violations and/or fines incurred by Rider while using the Bike, including any fees for parking the Bike in prohibited locations.
• Operator is not obligated to provide insurance of any kind related to Rider or Rider’s use of the Bike, and in the event that Operator, at its option, carries insurance, Rider shall remain liable for any liability, property damage, personal injury, injury to others, damages, penalties, fines, losses, and/or expenses of any kind whatsoever.
• If Rider causes damage to property or injury to another party while operating or in possession of the Bike, Rider is solely liable for such damage or injury.
• Rider shall return the Bike to Operator in the same condition as when received.
• Rider is liable for any and all damages resulting from improper use or abuse of the Bike and the cost of such damages.
• Operator provides Bikes as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Bike on their own and who have agreed to all terms and conditions of this Agreement.
3.3. REQUIREMENTS. As a condition precedent to Operator’s agreement to allow Rider to participate in the Bike Share Program and to rent a Bike, Rider shall do the following during any use of a Bike (“Use Requirements”):
• Carefully inspect the Bike that Rider wishes to rent prior to use to ensure the Bike is good operating condition.
• Test the Bike’s operating components before proceeding with the intended use, including, but not limited to the brakes, tires, gears, pedals, lights, frame and saddle.
• Promptly notify Operator customer service of any defect, malfunction or needed repair to a Bike.
• Adjust saddle to proper height prior to operating the Bike.
• Adjust Bike riding behavior for safe operation according to weather conditions.
• Adjust Bike riding behavior so that it is that of a reasonably experienced and prudent bike rider.
• Contact Operator and local Police immediately in the event of theft of the Bike or an accident that occurred during Rider’s use of the Bike resulting in bodily injury.
3.4. RESTRICTED USES. Rider shall not do any of the following acts (“Restricted Uses”):
• Use any Bike if Rider is younger than 16 years of age.
• Use any Bike if Rider has any existing physical or mental condition that would prohibit Rider from safely operating the Bike.
• Operate a Bike while carrying any item that impedes Rider’s ability to safely operate the Bike.
• Operate a Bike while under the influence of alcohol, drugs, or any other substance that impair Rider’s ability to safely operate the Bike.
• Use any cell phone or mobile electronic device, including, but not limited to, for the purposes of phone calls, text messages, music or any other use that distracts Rider from the safe operation of the Bike.
• Allow any other person to use the Bike or allow more than one person to be carried on the Bike.
• Overfill the Bike basket or place objects weighing in total more 20 pounds in the Bike basket.
• Violate any applicable federal, state, or local law.
• Operate or use a Bike in any manner during adverse weather conditions, including but not limited to: hail, dust storms, fog, heavy rains, or lightning storms.
• Ride or operate a Bike that has any defect, fails to operate as a properly functioning bicycle or that is in need of repair.
• Continue using the Bike if it, or any component of it, should become defective or malfunction.
• Use the Bike for racing, trick riding, jumping, stunt riding and/or, off-road riding.
• Use the Bike for any commercial purposes.
• Tow, pull, carry or push any person or object with a Bike.
• Remove or modify any accessories, parts or components of any Bike.
• Ride the Bike without paying applicable user fees at the time they become due.
Rider acknowledges and agrees that from and after the date that Operator makes Bikes available to the public for rental, Operator may suspend all or part of its Bike Share Program at any time, may relocate Stations, reduce the number of Bikes available for rent and otherwise operate its Bike rental program in its sole discretion. Rider further acknowledges that Operator may suspend the availability of Bikes during adverse weather conditions, or may be required to suspend the rental of Bikes by the city in which the Bikes are located. Rider shall not be entitled to a refund of any fees for unused rental periods unless Operator’s Bike rental service shall have been suspended for more than 15 days. Operator does not represent or warrant that Bikes will be available for rental at any Station at any time. Operator may require the return of its Bikes at any time.
5.RELEASE AND LIMITATION OF LIABILITY
5.1. FOR AND IN CONSIDERATION OF RENTAL AND USE OF THE BIKE, RIDER, FOR HIMSELF OR HERSELF AND ON BEHALF OF RIDER’S HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, FOREVER RELEASES AND RELINQUISHES AND DISCHARGES (i) OPERATOR AND OPERATOR’S OFFICERS, BOARDS AND COMMISSIONS, MEMBERS, MANAGERS, EMPLOYEES, SUPPLIERS, AGENTS, REPRESENTATIVES, (ii) ANY MUNICIPALITY WITH WHICH OPERATOR HAS CONTRACTED WITH TO PROVIDE A BIKE SHARE PROGRAM, AND (iii) ANY OWNER OF PROPERTY WITH WHICH CITY OR CYCLEHOP HAS CONTRACTED WITH TO PROVIDE REAL PROPERTY ON WHICH A BIKE SHARE FACILITY, INCLUDING, WITHOUT LIMITATION, STATIONS, HUBS, RACKS, INTENDED FOR BIKE SHARE USE (ALL, COLLECTIVELY, THE “OPERATOR PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, DISPUTES, LOSSES, LIABILITIES, DEBTS, LIENS, CHARGES, PENALTIES, PROCEEDINGS, CAUSES OF ACTION AND DAMAGES INCLUDING FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, AND INJURY TO RIDER OR TO THIRD PARTIES (COLLECTIVELY, “CLAIMS”), INCLUDING UNKNOWN OR UNANTICIPATED CLAIMS, WHICH ARISE FROM OR ARE RELATED DIRECTLY OR INDIRECTLY TO THIS AGREEMENT OR THE RENTAL, MAINTENANCE, DESIGN, USE AND/OR OPERATION OF THE OPERATOR EQUIPMENT, INCLUDING THE BIKES, OR THE OPERATOR WEBSITE, INCLUDING ANY AND ALL CLAIMS RELATED TO THE SOLE OR PARTIAL NEGLIGENCE OF OPERATOR, THE OPERATOR PARTIES OR ANY OTHER PARTY. RIDER HEREBY EXPRESSLY WAIVES ANY CLAIMS AGAINST THE OPERATOR PARTIES WHICH RIDER DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF RENTING A BIKE, AND EXPRESSLY WAIVES RIDER’S RIGHTS UNDER ANY STATUTES THAT PURPORT TO PRESERVE RIDER’S UNKNOWN CLAIMS.
5.2. IF OPERATOR OR THE OPERATOR PARTIES ARE DEEMED TO HAVE ANY LIABILITY UNDER THIS AGREEMENT OR ARISING OUT OF RIDER’S USE OF THE OPERATOR EQUIPMENT, INCLUDING THE BIKES, OR THE OPERATOR WEBSITE, SUCH LIABILITY SHALL NOT EXCEED THE AMOUNT OF THE MEMBERSHIP OR RENTAL PAID TO OPERATOR BY RIDER.
6.ASSUMPTIONS OF RISKS; DISCLAIMER.
RIDER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THAT RIDER’S RENTAL AND USE OF THE BIKE IS AT HIS/HER OWN RISK. RIDER ACCEPTS THE BIKE FOR USE AFTER EXERCISING HIS/HER OWN FREE CHOICE TO PARTICIPATE VOLUNTARILY IN THIS ACTIVITY AND AFTER HAVING INSPECTED THE BIKE AND CERTIFYING THAT IS IN GOOD OPERATING CONDITION. RIDER UNDERSTANDS THAT BICYCLING MAY BE A HAZARDOUS ACTIVITY. RIDER ACKNOWLEDGES, UNDERSTANDS AND ASSUMES ALL RISK RELATING TO THE RENTAL, MAINTENANCE, DESIGN, USE AND/OR OPERATION OF THE OPERATOR EQUIPMENT, INCLUDING THE BIKES, AND THE OPERATOR WEBSITE AND UNDERSTANDS THAT BICYCLING INVOLVES RISK TO THE RIDER AND OTHERS INCLUDING DAMAGES, BODILY INJURY, PARTIAL OR TOTAL DISABILITY, PARALYSIS AND DEATH TO RIDER OR OTHERS, AND THAT RIDER HAS FULL KNOWLEDGE OF SAID RISKS AND DANGERS, INCLUDING SUCH RISKS, DAMAGES AND INJURIES THAT MAY ARISE FROM THE NEGLIGENCE OF OTHERS OR AS A RESULT OF ROADWAY CONDITIONS. ALL BIKES AND OTHER OPERATOR EQUIPMENT ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. OPERATOR AND THE OPERATOR PARTIES HEREBY DISCLAIM ANY CLAIM IN TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY).
IN NO EVENT WILL RIDER CLAIM THAT OPERATOR PARTIES INDIVIDUALLY OR COLLECTIVELY FAILED TO ADEQUATELY TRAIN RIDER, OR PROVIDE RIDER WITH ADEQUATE INSTRUCTIONS NECESSARY TO RIDE THE BIKE IN THE SAME MANNER AS A PERSON WHO IS AN EXPERIENCED BIKE RIDER WHO HAS BEEN TRAINED TO RIDE A BIKE IN A SAFE AND CAREFUL MANNER.
Rider agrees that Operator, at its sole discretion, may submit any disputes whatsoever arising out of, resulting from, and/or relating to this Agreement, Rider’s use of Operator’s Equipment, including, without limitation, Bikes, and/or the Operator website, to final and binding arbitration under the Rules of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said rules. In the event that Operator submits such dispute to arbitration, then such arbitration shall be mandatory and binding on the parties. Such proceeding shall be held in the County of Los Angeles, California by the laws of the State of California with out regard to choice of law principles. All arbitration proceedings will be conducted in the English language. SHOULD OPERATOR ELECT TO SUBMIT ANY DISPUTE OR CLAIM TO ARBITRATION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPERATOR AND RIDER EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LITIGATION OR TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE ARISING OUT OF OR WITH RESPECT TO THIS AGREEMENT OR RIDER’S USE OF OPERATOR’S EQUIPMENT, INCLUDING, WITHOUT LIMITATION, BIKES, AND/OR THE OPERATOR WEBSITE.
Rider shall indemnify, defend and hold harmless Operator and the Operator Parties for, from and against any and all Claims related to or arising out of this Agreement, including, but not limited to Rider’s breach of any representations, warranties or covenants set forth in this Agreement, and the rental, maintenance, design, use or operation of the Bike, the Locks, the Stations and/or the Operator website, even where caused in whole or in part by Operator’s negligence, and/or the negligence of others, whether presently known or unknown. At Operator’s option, Rider will assume control of the defense and settlement of any Claim subject to indemnification by Rider (provided that, in such event, Operator may at any time elect to take over control of the defense and settlement of any such Claim). In no event may Rider settle any Claim without Operator’s prior written consent.
Operator may assign its rights and duties under this Agreement to any party at any time without notice to Rider.
Operator’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any part of this Agreement. No waiver by Operator shall be construed as a waiver of any proceeding or succeeding breach of any provision in this Agreement.
11.TERMINATION OF AGREEMENT.
Operator may terminate this Agreement at any time, without cause, legal process, or notice to the Rider and Rider’s use of the Bike Share Program is “at the will” of Operator. Rider waives all claims, causes of actions, expenses, and/or damages connected and/or related to any such termination. Rider shall not be entitled to a refund of any amount paid for unused rental periods if this Agreement is terminated for cause. Rider may terminate Rider’s rental plan at any time; provided, however, that no refund will be provided by Operator for time already used by Rider.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of the Agreement shall remain in full force and effect.
All provisions of this Agreement relating to limitation and exclusion of liability, waivers, assumption of risk, warranties and indemnification obligations shall survive the termination of this Agreement, and all amounts unpaid at the time of termination or expiration of this Agreement shall remain due and payable.
This Agreement constitutes the final and entire Agreement between Operator and Rider and prevails over any prior or contemporaneous, conflicting or additional, communications, unless otherwise agreed to by the Parties in writing. Operator shall have the right to revise, change and modify the terms and conditions contained in this Agreement at any time without prior written notification by posting the revised Agreement on beverlyhillsbikeshare.com, and such changes shall apply to all future use of Bikes after the date of such changes. Riders shall be solely responsible for reviewing and becoming familiar with any modification to this Agreement. Use and/or operation of the Bike by Rider following any modifications to this Agreement constitutes Rider’s acceptance of the terms and conditions as modified.
SOCIAL BICYCLES TERMS OF SERVICE
Acceptance of Terms
IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU SHOULD NOT USE OUR WEBSITE OR SERVICE IN ANY WAY. THE USE OF OUR WEBSITE OR SERVICE IS OFFERED TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT.
Modification of Agreement
We reserve the right to change or modify any of the terms and conditions contained in this Agreement at any time, in our sole discretion, by posting changes on the Website (or such other URL that we may provide from time to time). Your continued use of any part of the Service following the posting of such changes or modifications will constitute your acceptance of such changes or modifications. IT IS THEREFORE IMPORTANT THAT YOU REVIEW THIS AGREEMENT REGULARLY.
To create and register for an account with SoBi, you must complete the registration process on the Website (or such other URL that SoBi may provide or that an Operator may provide for the Service run by such Operator in your area) by providing us with current, complete, and accurate information. Upon registration for an account with SoBi through our Website (thereinafter, a “Member” and collectively with other SoBi account holders, “Members”), you will be required to provide us with your email address and select a password. You must update your account information so that it remains current, complete, and accurate at all times. You acknowledge and agree that we may share your registration information with Operators in connection with our Service. You understand that you are solely responsible for maintaining the confidentiality of your password and that you shall be solely and fully responsible for all activities that occur under your username and password. SoBi recommends that you change your password every ninety (90) days. SoBi shall not be responsible for any loss, claim, or other liability that may arise from the unauthorized use of any password. You agree to immediately notify us of any unauthorized use of your password or username or any other breach of security by emailing us at firstname.lastname@example.org. If a password is lost or stolen, it is your responsibility to change the password, and immediately notify us, so that your account remains both secure and functional.
Bicycle Rental Agreement
If you wish to rent a bicycle through our Service by an Operator in your area, you are required to review and accept the Rental Agreement and Liability, Waiver, and Release (collectively, the “Bicycle Rental Agreement”) applicable to such Operator. You can access the Bicycle Rental Agreement applicable with an Operator at any time by clicking on the link identified as “Bicycle Rental Agreement” which can be found on the “Networks” page of your profile.
The use of the Website and the use of the Service are free of charge. We reserve the right to introduce a fee for the use of the Website and/or the Service. If we decide to introduce such a fee, we shall inform you accordingly and allow you to either continue or terminate your account with us.
The rates that apply for the rental services provided by an Operator can be found on the Website. These rates may be modified or updated by the Operator from time to time. It is your own responsibility to remain informed about the current rates for the rental services.
We shall charge you for the rental services provided to you by the Operator on behalf of the Operator. You agree that you will pay for all rental services you purchase from the Operator, and that we may charge your credit card account as provided by you when registering for the Service for the rental services (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing us with a valid credit card account for payment of all fees at all times. Payments made are only refundable at the sole discretion of SoBi.
We use a third-party payment processor (the “Payment Processor”) to link your credit card account to the Website and the Service. The processing of payments or credits, as applicable, in connection with your use of rental services will be subject to the terms, conditions, and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. We are not responsible for any errors by the Payment Processor. In connection with your use of the Website, the Service, and the rental services provided by the Operator, we will obtain certain transaction details which we will use solely in accordance with the Agreement.
Trip Maps and Statistics
As a Member, you may view your trip maps and statistics on your user profile. Your trip statistics may include miles traveled, CO2 reduced, calories burned and dollars saved. You may share your trip maps and statistics with friends you have approved to view your trip maps and statistics on your user profile. You may add friends to your account by importing them from certain of your third party accounts such as Facebook or Twitter, or by searching for other Members in your network area. By designating friends on your account, you agree that we may display publicly your trip maps and statistics to such friends. You may disable this sharing feature and not disclose certain individual trip maps or statistics.
You may also share your own trip maps and statistics via certain third party sites such as Facebook or Twitter or by email. Your use of those third party services are subject to the terms and conditions of those third party sites, and we disclaim all liability related to your sharing your trip maps or statistics in connection with any third party service. Although we will strive to track and display information about you in your user profile accurately, we disclaim any liability for any errors or inaccuracies in any statistics displayed on your user profile or in the shared trips and statistics.
Interaction with Other SoBi Members
You acknowledge that we have no screening policy, and that anyone who creates a valid account will become a Member without any review or approval by us. Provided, however, SoBi or an Operator may in their respective sole discretions terminate an account for any reason. You are solely responsible for your interactions with other Members that occur as a result of the Website or Service and any communications with other individuals in connection with the Website are at your own risk. We disclaim all liability for any actions of other Members. Please use your discretion when deciding whether to share any of your personal information to another Member.
The Website may not be used in connection with any commercial purposes, except with the express written consent of SoBi. You may link to the home page of our Website, but any unauthorized framing of or linking to our Website, or any Content (as defined below) therein, is prohibited.
Placement of commercial advertisements, affiliate links, and other forms of solicitation by you are prohibited and may be removed from your user profile without notice and may result in termination of your account.
You shall not, directly or indirectly, take or authorize or encourage any third party to take any fraudulent action in the use of the Website or Service, nor shall you engage in any activity that interferes with, disrupts, or interacts in an unauthorized manner with the Website or Service. Without limiting the generality of the foregoing, you may not attempt to override or circumvent any security components and usage rules of the Website. You are prohibited from engaging in any hacking, cracking, or other means of obtaining access to any other Member’s information or other data or communications not intended for you. We may terminate your account at any time for any reason, including without limitation, such fraudulent or unauthorized activity, in our sole discretion.
You further agree not to use the Website to:
- solicit personally identifiable information from anyone under the age of eighteen (18);
- solicit passwords or personally identifying information for commercial or unlawful purposes from other Members;
- provide any telephone numbers, street addresses, last names or email addresses of anyone other than your own (and we strongly advise you not to post your own and to communicate such information in private messages to other Members only at your own risk);
- transmit “junk mail,” “chain letters,” unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; or
- post or otherwise transmit Prohibited Content (as defined below).
You are solely responsible for any Content that you may upload, post, transmit or otherwise make available via the Website. SoBi does not control the Content posted via the Website and, as such, we do not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Website, you may be exposed to Content that you deem offensive or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Website.
You are strictly prohibited from posting or otherwise transmitting information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, or other materials (“Content”) that is Prohibited Content. “Prohibited Content” includes Content that:
- is insulting, harassing, abusive, bullying, threatening, demeaning, or otherwise promotes violence against an individual, organization, or particular group, including, without limitation, individuals or groups identified by their race, sex, creed, age, color, national origin, religious affiliation, marital status, gender identity, language, sexual orientation, or handicap;
- contains profanity, adult content, nudity, or sexually suggestive text, images, activities, or situations;
- is obscene, shocking, sensational, disrespectful or receives significant amount of negative user feedback, or otherwise violates our community standards, in our sole discretion;
- promotes or facilitates the sale or consumption of illegal or recreational drugs or drug paraphernalia, firearms, or ammunitions;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, without limitation, making or buying illegal or counterfeit products, violating someone’s privacy, or providing or creating computer viruses;
- infringes upon or violates the rights of any third party, including without limitation, copyright, trademark, privacy, publicity, or other personal or proprietary rights;
- is or promotes information that you know is false, misleading, defamatory, slanderous, or libelous;
- contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
- involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
- contains a virus or other harmful component.
License to Your Content
By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “posting”) any Content on or through our Website, you hereby grant to SoBi a non-exclusive, fully-paid, perpetual, royalty-free, irrevocable, sub-licensable, worldwide license for the duration of copyright in your Content, to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through our Website, in print, or in any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution, or consent. If you wish to remove any Content from the Website, your ability to do so may depend on the type of Content, the location and manner of posting, and other factors. You may contact us at email@example.com to request the removal of certain Content you have posted. However, you acknowledge and agree that we have no obligation to remove any such Content, we may choose whether or not to do so in our sole discretion, and we make no guarantee as to the complete deletion of any such Content and copies thereof. In any case, a back-up or residual copy of any Content posted by you may remain on our servers after the Content appears to have been removed from our Websites, and we retain all rights granted in this paragraph to all such remaining copies.
We do not claim ownership rights in any Content you post on or transmit through the Website. Subject to the license above, as between SoBi and you, you will retain all intellectual property rights that you may have in any Content that you post on or transmit through the Website. You represent and warrant that: (i) you own all right, title, and interest in all Content posted by you on or through our Website, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through our Website does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, any other rights of any third party, or any terms of this Agreement.
Review of Content
You acknowledge that we do not generally pre-screen or review profiles of Members or other Content posted on our Website. However, we and an Operator will have the right, but not the obligation, in each of our sole discretions to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Website, in our sole discretion, for any reason.
If you become aware of misuse of the Website by any person, if you find any Content on the Website that you feel is objectionable, or if you feel that any Member has violated the terms of this Agreement in any manner, please email us at firstname.lastname@example.org and include a description of the misuse of the Website or the objectionable Content or activity (along with the URL or a copy of the Content if possible) in your email. Please also refer to our Copyright Policy below. While we will use commercially reasonable efforts to review such notice, we have no obligation to take any action whatsoever in response to any such notice, and the receipt of any such notice will not be deemed to create any duty or liability on the part of SoBi.
Our Website contains Content of SoBi (“SoBi Content”), and may contain Content of Operators or third party licensors to SoBi (including Content provided by you and other users of our Website, as described above), which is protected by copyright, trademark, patent, trade secret, and other laws. We own and retain all rights, title, and interest in the SoBi Content. We hereby grant to you a non-exclusive, limited, revocable, non-sub licensable license to reproduce and display a single copy of the SoBi Content (excluding any software code therein) solely for your personal, non-commercial use in connection with viewing our Website and using the features that appear on the Website. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Website. Any use of the SoBi Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark and other intellectual property laws.
Our policy is to investigate any allegations of copyright infringement brought to our attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the Content in question, you must provide us with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to SoBi either by e-mail at: email@example.com, or by U.S. mail to our designated agent for notification of infringement, Ryan Rzepecki, Social Bicycles Inc., 47 Hall Street, Suite 414, Box F9, Brooklyn, NY 11205.
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data or personal information exported from the United States or the country in which you reside.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOBI AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, OPERATORS, PARTNERS, AND LICENSORS (COLLECTIVELY, THE “SOBI PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO OUR WEBSITE AND SERVICE, AND ANY THIRD PARTY WEBSITES WITH WHICH THEY ARE LINKED. THE SOBI PARTIES MAKE NO WARRANTY: (I) THAT THE WEBSITE OR SERVICE OR THE FEATURES OFFERED ON THE WEBSITE OR SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES); (II) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICE, OR RIDER STATISTICS WILL MEET ANY EXPECTED, IMPLIED, OR STATED SERVICE LEVEL OR AVAILABILITY; AND (III) THAT THE QUALITY OF THE BICYCLES, CONTENT, PRODUCTS, SERVICES, INFORMATION, OR ANY MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICE WILL MEET YOUR EXPECTATIONS. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IN NO EVENT WILL THE SOBI PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, LOST INCOME, REVENUE, OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH THE USE OF THE WEBSITE, THE SERVICE, OR ANY WEBSITE WITH WHICH THEY ARE LINKED, EVEN IF SOBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE SOBI PARTIES’ AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SOBI FOR THE SERVICE IN THE TWELVE MONTHS PRIOR TO THE CLAIM. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN CERTAIN JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU; ALL OTHER PROVISIONS OF THIS AGREEMENT REMAIN IN FULL FORCE AND EFFECT.
You agree to indemnify, defend, and hold harmless SoBi, its subsidiaries, affiliates, officers, employees, directors, agents, and Operators from and against any and all claims, liabilities, penalties, settlements, judgments, and fees (including reasonable attorneys’ fees) arising from (a) any information that you or anyone using your account may submit or access in the course of using the Website or Service; (b) your breach of any representation or warranty in, or violation of, the terms of this Agreement or any agreement or other instrument with a third party applicable to you; and (c) any disputes between you and any other Member.
Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend, or discontinue, temporarily or permanently, our Website or Service (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of the Website or Service. If you are dissatisfied with any aspect of the Website or Service at any time, your sole and exclusive remedy is to cease using it.
Termination of Account
We have the right in our sole discretion to restrict, suspend, or terminate your account, or your access to all or any part of the Website and/or Service at any time, for any or no reason, with or without prior notice, and without liability. You may choose to terminate your membership at any time by notifying us by email at firstname.lastname@example.org.
Please allow us sufficient time to process termination requests. You understand that termination of your membership is your sole right and remedy with respect to any dispute with SoBi. Following the cancellation or termination of your account by you or by SoBi for any reason, SoBi will have no further obligation to save your user profile, communications via the Website, or any of your settings, information, or Content you have posted on or transmitted through the Website. You acknowledge and agree that we have the right, but not the obligation, to delete any of your account information or other Content following termination.
Waiver and Severability
If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. Our acquiescence in the breach of a provision of this Agreement or failure to act upon such breach does not waive our right to act with respect to subsequent or similar breaches. Likewise, our delay or failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Choice of Law and Forum
This Agreement and the relationship between you and SoBi shall be interpreted in accordance with the laws of the State of New York without regard to conflict of laws principles. Subject to the arbitration provisions below, you and SoBi hereby agree to submit exclusively to the personal jurisdiction of the state and federal courts with jurisdiction over New York, New York.
Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and SoBi agree that SoBi intends that this section satisfies the “writing” requirement of the Federal Arbitration Act.
You or SoBi may elect to have any controversy, allegation, or claim arising out of or relating to this Agreement or the Service, including but not limited to claims for indemnification, contribution, or cross-claims in a pending action involving one or more third parties (collectively, a “Dispute”) finally and exclusively resolved by binding arbitration before a sole arbitrator under the rules and regulations of the American Arbitration Association. If an in-person arbitration hearing is required, then it will be conducted in New York, New York; but if the applicable arbitration rules or laws require the arbitration to be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration, we shall have the right to elect to proceed to arbitration in such location. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. The parties will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require us to pay a greater portion or all of such fees and costs in order for this section to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) 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.
YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR SOBI WANTS TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR SOBI MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
This Agreement and any applicable Bicycle Rental Agreement constitutes the entire agreement between you and SoBi and governs your use of the Website and Service, superseding any prior agreements between you and SoBi with respect to the Website or Service.
The terms and conditions contained in this Agreement that by their sense and context are intended to survive the performance hereof by the parties hereunder, including but not limited to the provisions relating to Indemnity, Disclaimer of Warranties, and Limitation of Liability, shall so survive the completion of the performance, cancellation, or termination of this Agreement.
Effective as of June 16, 2015