Effective as of November 14, 2017
- INFORMATION WE COLLECT OR RECEIVE
In the course of operating the App, we will collect and/or receive the following types of information. We will collect information from and about you directly from you when you provide it to us and automatically when you use the App. You authorize us to collect and/or receive such information.
- Personal Information. We only receive or collect information that identifies you personally if you choose to provide such personally identifiable information to us via email or other means. When you sign up to become a user or contact us, you will be required to provide us with personal information about yourself (collectively, the “Personal Information”). We do not collect any Personal Information from you when you use the App unless you provide us with the Personal Information voluntarily. Such Personal Information may include the following:
- Registration for an account on the App;
- Use of the account through the App, including rental of a Bike;
iii. Registration for an event sponsored by UrBike;
- Profile information that you provide for your user profile;
- Social media information that you authorize;
- Certain location data, as described below;
vii. Uploading Content to the App;
viii. Participation in surveys, contests, or sweepstakes;
- Sign up to receive alerts or other information via email, text or instant message from UrBike;
- Request for customer service, support requests or other assistance;
- App related communications, e.g. account verification; technical notification;
xii. Participation in communities, commenting to blog entries and participation in other forums;
xiii. Submission of content or other data and information on any part of the App that permits it; and
xiv. Any other place on the App where you knowingly volunteer personal information.
- Geolocational Information. Certain features and functionalities of the App are based on your location. In order to provide these features and functionalities while you are using your mobile device, we may, with your consent, automatically collect geolocational information from your mobile device or wireless carrier and/or certain third-party service providers (collectively, “Geolocational Information”). Collection of such Geolocational Information occurs only when the App is running on your device. You may decline to allow us to collect such Geolocational Information, in which case we will not be able to provide certain features or functionalities to you.
- Other Information. In addition to the Personal Information, Payment Information, and Geolocational Information, we may automatically collect or receive additional information regarding you and your use of the App; your interactions with us and our advertising; and information regarding your computer and mobile devices used to access the App (collectively, the “Other Information”). Such Other Information may include:
- From You. Additional information about yourself that you voluntarily provide to us, such as your gender and your product and service preferences.
- From Your Activity. We may collect or receive information regarding:
- IP address, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or mobile device;
- browser type and language;
- referring and exit pages and URLs;
- date and time;
- analytics and usage information about your use of the App, including GPS routes, and status of GPS chips;
- device information about the UrBike Bike, including time stamps, battery status;
- additional “traffic data” and log files such as time of access, date of access, software crash reports, session identification number, access times, and referring App addresses, and
- details regarding your activity on the App, such as search queries and other performance and usage data.
iii. About Your Mobile Device. We may collect or receive information regarding:
- type of mobile device;
- advertising Identifier (“IDFA” or “AdID”);
- operating system and version (e.g., iOS, Android or Windows);
- carrier; and
- network type (WiFi, 3G, 4G, LTE).
- type of mobile device;
- personalize your experience;
- analyze which portions of the App are visited and used most frequently; and
- measure and optimize advertising and promotional effectiveness.
- IP Address/Location Information. We collect and store location information about you on the App and associated with your account that you volunteer on the App or enable through the App or your device. We will collect location information regarding the location of the Bikes, the routes taken by these Bikes, and the rental status of these Bikes. We will not collect any location information that you do not volunteer or enable, but you must agree to provide certain location information in order to use the Service. We also collect and store your device’s source IP address which may disclose the location of your device at the time you access the App.
If you do not want us to deploy cookies in the App, you can opt out by setting your mobile device to reject cookies. You can still use the App if you choose to disable cookies, although your ability to use some of the features may be affected.
- INFORMATION COLLECTED BY OR THROUGH THIRD-PARTY ADVERTISING COMPANIES
When you interact with any service provider page or account on a social media platform, such as Facebook, Twitter, Google+, Tumblr, LinkedIn, YouTube, or Pinterest, we may collect the personal information that you make available to us on that page or account including your account ID or “handle.” However, we will comply with the privacy policies of the corresponding social media platform and we will only collect and store such personal information that we are permitted to collect by these social media platforms. If you publish your social media profile on our Service, we may collect personal information that you make available as part of that profile.
- HOW TO OPT OUT OF THIRD-PARTY INTEREST-BASED ADVERTISING
You can learn about your options to opt-out of mobile app tracking by certain advertising networks through your device settings. For more information about how to change these settings for Apple, Android or Windows devices, see:
Please note that opting-out of advertising networks services does not mean that you will not receive advertising while using our Apps or on other apps, nor will it prevent the receipt of interest-based advertising from third parties that do not participate in these programs. It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms.
- HOW INFORMATION IS USED AND SHARED
- You authorize us to use the Personal Information, Payment Information, Geolocational Information, and the Other Information (collectively, the “Information”) to:
- provide and improve our App;
- provide our services;
iii. administer our promotional programs;
- solicit your feedback;
- to track bicycles;
- to upload your content to our App as you request;
vii. to permit you to update, edit, and manage your content on our App;
vii. to communicate with you about your account or transactions with us (including service related announcements) and send you information about features and enhancements on our App;
viii. to communicate with you about changes to our policies;
- to communicate with you about your comment to a blog post;
- to personalize content and experiences on our App, including providing you reports, recommendations and feedback based on your preferences;
- to disclose anonymized personal information to disclose statistics and analytics and other details regarding the use of our App;
xii. to optimize or improve our products, services and operations;
xiii. to automatically update the App on your device;
xiv. to detect, investigate, and prevent activities that may violate our policies or be illegal;
- to perform statistical, demographic, and marketing analyses of users of the App;
xvi. track the use of the UrBike Bikes;
xvii. personalize content on our App, including providing you reports, recommendations and feedback based on your preferences;
xviii. optimize or improve our products, services and operations;
xix. detect, investigate, and prevent activities that may violate our policies or be illegal; and
- perform statistical, demographic, and marketing analyses of users of the App and their purchasing patterns inform you about our products and services.
- In order to provide our services and administer our promotional programs, we may share the Information with our third-party promotional and marketing partners, including, without limitation, businesses participating in our various programs.
- We engage third-party companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, customer service, marketing assistance, and administration of promotional programs. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law
- In an ongoing effort to better understand our users, the App, and our products and services, we may analyze certain Information in anonymized and aggregate form to operate, maintain, manage, and improve the App and/or such products and services. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated user statistics to describe the App and these products and services to current and prospective business partners and investors and to other third parties for other lawful purposes.
- We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
- As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
- To the extent permitted by law, we may also disclose the Information:
- when required by law, court order, or other government or law enforcement authority or regulatory agency; or
- whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of us or others, including you.
- COLLECTION OF THIRD PARTY INFORMATION
We may from time to time conduct a referral service to introduce people you know to our Apps and Service. If you choose to use our referral service to tell someone about our Apps and Service or a discount on the Apps and Service, we will ask you for your contact’s name and email address. We will automatically send your contact a one-time email inviting him or her to visit our App. We store this information for the purpose of sending this one-time email and tracking the success of our referral program. Your contact may contact us at info@UrBike.com to request that we remove this information from our database.
- ACCESSING AND MODIFYING INFORMATION AND COMMUNICATION PREFERENCES
If you have provided us any Personal Information, you may access, remove, review, and/or make changes to the same by contacting us as set forth below. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any of our marketing e-mails. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. You cannot opt out of receiving transactional e-mails related to the App (e.g., requests for support).
We may also deliver notifications to your mobile device (e.g., push notifications). You can disable these notifications by deleting the relevant service or by changing the settings on your mobile device.
- HOW WE PROTECT YOUR INFORMATION
We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. Personal information collected by our App are stored in secure operating environments that are not available to the public. Our security procedures mean that we may occasionally request proof of identity before we disclose your personal information to you. Please understand, however, that while we try our best to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
- THIRD PARTY AGENTS
We have third party agents, subsidiaries, affiliates and partners that perform functions on our behalf, such as hosting, billing, push notifications, storage, bandwidth, content management tools, analytics, customer service, fraud protection, etc. These entities have access to the personal information needed to perform their functions and are contractually obligated to maintain the confidentiality and security of that personal information. They are restricted from using, selling, distributing or altering this data in any way other than to provide the requested services to the App.
- EMERGENCY SITUATIONS
We may also use or disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the App, (b) protect and defend our rights or property, the App or our users, and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or the users of the App or the public. This includes exchanging information with other companies and organizations for fraud protection.
- IMPORTANT NOTICES TO NON-U.S. RESIDENTS
The App and its servers are operated in the United States. If you are located outside of the United States, please be aware that your Information, including your Personal Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the App, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.
- APP STORES; EXTERNAL WEBSITES
Your app store (e.g., iTunes or Google Play) may collect certain information in connection with your use of the App, such as Personal Information, Payment Information, Geolocational Information, and other usage-based data. We have no control over the collection of such information by a third-party app store, and any such collection or use will be subject to that third party’s applicable privacy policies.
The App is not directed to children under the age of 13. We adhere to the Children’s Online Privacy Protection Act (COPPA) and will not knowingly collect Personal Information from any child under the age of 13. We ask that minors (under the age of 13) not use the App. If a child under the age of 13 has provided us with Personal Information, a parent or guardian of that child may contact us and request that such information be deleted from our records.
- HOW TO CONTACT US
- GOVERNING LAW
We believe you should have choices about the collection, use and sharing of your information. Although you cannot opt-out of all data collection when you visit our Apps, you can limit the collection, use and sharing of your personally identifiable information.
- Collection of Personal Information. All personally identifiable information is provided on a voluntary basis. If you do not want UrBike to collect such information, you should not submit it to the App. However, doing so will restrict your ability to access some content and use some of the functionality of the App.
- Emails and Other Communications. If you would like to alter the type of communications you receive from us, including opting out of promotional communications from us, you may do so at any time by updating the communication preferences specified in your account profile through the App. Please note that this may affect your ability to access certain products and services, and we may continue to send non-promotional communications such as staffing confirmations, surveys, and other information about your use of the Service. If you refer others to us using our email functionality, please note that they may choose not to receive any promotional emails from us in the future by following the opt-out instructions in the email invitation.
Please note that while you may opt out of online behavioral advertising and other targeted advertising served by participating companies through App you may still see other types of advertising on the App, it just may not be as relevant or targeted to your interests.
- Accessing and Correcting Your Information. If you have an account with UrBike, you may review and change your information by logging into your account and editing your profile. Be advised that we may not be able to delete your personal information without also deleting your user account. You will not be permitted to examine the personal information of any other person or entity and may be required to provide us with personal information to verify your identity prior to accessing any records containing information about you. We may not accommodate a request to change or delete personal information if we believe doing so would violate any law or legal requirement, or cause the information to be incorrect.
- YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits customers of UrBike who are California residents to request certain information regarding its disclosure of their personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to info@UrBike.com.
Effective November 29, 2017
This User Agreement (“Agreement”) is a binding agreement between you (“you”) and UrBike, Inc., a Delaware corporation (“Company” or “UrBike”). This Agreement governs your use of the UrBike, (including all related documentation, the “Application”). The Application may be used to utilize UrBike’s services, which shall include but not me limited to, renting and operating UrBike bicycles (“Bike” or “Bikes”), and all other related equipment, personnel, and information provided or made available by UrBike (“Services”). The Application is licensed, not sold, to you.
BY CLICKING THE “AGREE” BUTTON AND DOWNLOADING, INSTALLING AND USING THE APPLICATION, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
- License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to download, install, and use the Application for your personal, non-commercial use on a mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation in order to rent Bikes and other services provided by UrBike.
- Use of a Bike and the Application.
- Operating Hours and Availability. Bike availability is not guaranteed, however, UrBike shall make reasonable efforts to provide the Services 24 hours a day, 365 days per year. Access to the Services is conditioned on the availability of the Bikes. UrBike does not represent or warrant the availability of any Services or the availability of any Bike at any time. You agree that UrBike may require you to return a Bike at any time. Bikes may not be rented in excess of the maximum rental time limits set forth below.
- Prior to the use of a Bike, you will conduct a visual inspection of the Bike, which shall include, but not be limited to: inspecting the following: (1) trueness of the wheels; (2) safe operation of all brakes and lights; (3) proper attachment of the seat, pedals, and basket; (4) good condition of the frame; and (5) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. You agree not to ride the Bike if there are any noticeable issues, and to immediately notify customer service to alert UrBike of any problems. You will be solely responsible for any damage to the Bike or other property, or injuries to yourself or others, if you use a Bike even though you knew or should have known the Bike was damaged, defective, or otherwise cannot work properly based on this inspection.
- UrBike recommends that you wear a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions. You agree that none of UrBike and its Released Parties (defined below) are liable for any injury suffered by you while using the Services, whether or not you are wearing a helmet at the time of injury. You may need to take additional safety measures or precautions not specifically addressed in this Agreement.
- You represent and certify that you are familiar with the operation of the Bike, and is reasonably competent and physically fit to ride the Bike. By choosing to ride a Bike, you assume all responsibilities and risks for any injuries or medical conditions. You are responsible for determining whether conditions, including snow, hail, ice or electrical storms, make it dangerous to operate a Bike. You are advised to adjust your riding behavior and braking distance to suit the weather and traffic conditions. You acknowledge that roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards and you must not use a Bike for racing, riding off-road, or any other use, other than safe operation on public or private roads or property and designated bicycle routes.
- You represent and certify that you are at least 18 years old. Minors who are at least 13 years of age may use a Bike, but only if the Services is subscribed for by and utilized under the responsibility of the minor’s parent or legal guardian. By authorizing use of the Services by a minor, the parent or legal guardian agrees she/he is fully responsible and liable for all injuries, damages, and costs and expenses arising from or related to the minor’s use of the Services and guarantees, represents, and warrants that the parent’s or legal guardian’s and the minor’s, acceptance of and agreement and compliance with all terms and conditions of this Agreement.
- Sole Rider. You are the sole renter and is solely responsible for compliance with all terms and conditions contained herein. Except as set forth in Section 2(b)(iv), you understand that when you activate a Bike, the Bike must be used only by you. You must not allow others to use a Bike that you have activated.
- Damage to a Bike; Lost Bikes.
- You must return the Bike in the same condition it was rented, ordinary wear and tear excepted.
- You must report any accident, crash, damage, and personal injury, stolen or lost Bike, to UrBike as soon as possible. If a crash involves personal injury, property damage, or a stolen Bike, you must file a report with the local police department within 24 hours. You agree that you are responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorneys’ fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Bike.
- If a Bike is not returned within 48 consecutive hours, then the Bike is deemed lost or stolen and a police report may be filed with local authorities. The data generated by the UrBike is conclusive evidence of the period of use of a Bike by you. In addition to filing a report with the local authorities, you must report Bike disappearance or theft to UrBike.
- Return of the Bike. Upon the conclusion of your ride, you must lock the Bike using the Application and the pre-installed lock. If you do not lock the Bike, you will continue to be charged for its use. The Bike must be locked at a lawful parking area and cannot be parked on private property or an area inaccessible to the public.
- Maximum Rental Time. Maximum rental time is 24 hours. You agree to deactivate the Bike rental within 24 hours of time that rental of the Bike began. You agree that you are solely responsible for being aware of any elapsed time related to the timely locking the Bike. After return of the Bike, you will be charged the accumulated rental charges, or the maximum day charge; whichever is less. Bikes not returned (locked and a ride concluded) within 48 hours will be considered lost or stolen, and you may be charged up to $600 and a police report may be filed. UrBike may also charge a service fee of $25 for rentals in excess of 24 hours where the Bike is not lost or stolen.
- Limitations on Use. You agree that UrBike is not a common carrier. Alternative means of public and private transportation are available to the general public and to you individually, including public buses and rail service, taxis, and pedestrian paths. UrBike provides Bikes only 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.
- No Modifications; No Tampering. You agree that the Bike and any equipment attached to the Bike, at all times, remain the exclusive property of UrBike. You must not dismantle, write on, or otherwise modify, repair or deface a Bike, any part of a Bike, or other UrBike equipment in any way. You must not use a Bike or other UrBike equipment for any advertising or similar commercial purpose. You must not tamper with, attempt to gain unauthorized access, or otherwise use Application, the Bike or other UrBike equipment other than for purposes of using a Bike pursuant to this Agreement.
- Weight Limit. You must not exceed the maximum weight limit for a Bike (300 pounds) or the cargo carrier/basket on the Bike (15 pounds). You acknowledge that the front carrier/basket and back basket of the Bike is intended for light goods only, and that he/she will not carry people or animals anywhere on the Bike.
- Other Prohibitions. In addition to any other acts prohibited by this Agreement, you agree to the following:
- You must not ride a Bike while carrying anything that may impedes your ability to safely operate a Bike;
- You must not operate a Bike while using any device that may distract you, including but not limited to, a cellular phone or music player;
- You must not operate a Bike while under the influence of any alcohol, drugs, medication, or other substance that may impair your ability to safely operate a Bike;
- You must not carry another person or animal on a Bike;
- You must abide by all applicable federal, state, or local laws, or any command or instruction from law enforcement personnel;
- You must only use the pre-installed locking mechanism on the Bike;
- You must park the Bike in a visible, lawful and public parking spot;
- You must not race or perform tricks on a Bike;
- You must not use or transport a Bike outside of a metropolitan area;
- You must not use a Bike for mountain bike riding, stunt or trick riding; and
- You must not operate and/or use a Bike on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal and/or a nuisance to others.
- Registration; Fees.
- Registration. You shall register with UrBike on its Application, on personal computer, or on a Mobile Device using operating systems such as IOS, Android, or Windows. This will include mobile phone verification or other procedure to become a registered user on the Application. You acknowledge and agree that the information you provide during the user registration process is accurate and complete and you shall promptly update us with any changes to the information. If UrBike is not able to reach you using the most recent contact information on file, you shall be liable for all the losses and adverse consequences caused to yourself, others and us.
- Your account shall only belong to you. You shall not transfer your user account, nor permit or assist others to use UrBike’s services through your user account. You agree: (i) to safe-keep your account properly; (ii) to keep the login verification code safe and confidential; (iii) not to transfer any part of your account; and (iv) to comply with all applicable laws and the terms and conditions in this Agreement. You shall be responsible for all actions and transactions made through your account unless you have closed it or reported any misuse of your account. You shall notify UrBike immediately once you become aware of any unauthorized use of your account or other situations that may cause theft or loss of your account. Upon notice of unauthorized use, UrBike will temporarily lock your account, but you acknowledge that doing so will take a reasonable amount of time and it will not be immediate. Except for UrBike’s gross negligence and intentional misconduct, UrBike will not be responsible for any consequence that happened before UrBike takes action.
- Valid Credit Card or Debit Card. You must input a valid credit or debit card number and expiration date before you will be registered to use the Services. You represent and warrant to UrBike that you are authorized to use any cards you furnishes to UrBike. You authorizes UrBike to charge the card for all fees incurred by your account. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by UrBike. If you dispute any charge on credit or debit card account, then you must contact UrBike within 3 days from the end of the month with the disputed charge, provide to UrBike all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times.
- UrBike Membership Benefits/Points Program. You will have the option to join Urbike’s membership benefits/points program (“Membership Benefits/Points Program”). By joining, you will be entitled to special pricing and rewards as set forth in the Membership Benefits/Points Program.
- You may use a Bike on a pay per ride basis or as otherwise in accordance with the pricing described in the Application. UrBike will charge your credit card, debit card or other agreed payment methods the amount of the fees as described in this Agreement. The pricing set forth in the Application may be adjusted by pricing set forth in the UrBike Membership Benefits/Points Program.
- Pick Up Fees. If You are unable to return a Bike to a valid area (i.e., you deactivate the Bike on private property, a locked community, or another unreachable area), and request that the bicycle be picked up by UrBike, UrBike, at its sole discretion, may choose to charge you a pick-up fee up to $120. If any Bike accessed under your account is abandoned without notice, you will be responsible for all applicable fees until the Bike is recovered and deactivated, plus a service charge (currently $120) to recover the Bike. Fees are subject to change.
- Security Deposit. You may be required to pay UrBike a refundable security deposit. No interest will be calculated or paid on any security deposit. Within 60 days following the termination of this Agreement, any security deposit shall be reimbursed to you, less any amounts owed to UrBike by you. Should the security deposit be insufficient to cover the amounts owed, UrBike reserves the right to take any actions necessary to recover the full amount and charge you any and all reasonable fees associated with its collection efforts.
- In addition to all its other rights and recourses set out in this Agreement, UrBike reserves the right to impose service fees on you in case of non-observance by you of any provision of this Agreement, in the manner and amounts specified in this Agreement and/or the pricing described in the Application or the UrBike Membership Benefits/Points Program.
- Promotional Codes. Promotional codes (discounts) are one-time offers and can only be redeemed via the Application. UrBike reserves the right to modify or cancel discounts at any time. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable.
- Materials Submitted to the Application; License Grant.
- This section governs any material that you upload or transmit to or through the Application, including, but not limited to, comments, messages, photographs, or any other form of copyrighted material (collectively, “User Content”). You are solely responsible for all User Content you submit to or through the Application. You agree, represent, and warrant that (i) any User Content you upload or transmit to or through the Application is truthful, accurate, not misleading, and offered in good faith, (ii) you have all rights, licenses, permissions, and authorizations necessary to upload or transmit the User Content to the Application and grant the rights to the User Content as set forth in this Agreement, and (iii) the use of such User Content in a manner consistent with this Agreement will not (1) infringe the rights of any third party, including copyright, trademark, patent and other intellectual property rights or other protected rights, such as the rights of privacy or publicity, or (2) require UrBike or any third party site on or through which the Application or Services are made available to pay any fees of any kind to any third party. We have the right, but not the obligation, to monitor, review, access, and remove any or all of your User Content from the Application at our sole discretion.
- If you locate any User Content on or through the Application that you find offensive or objectionable, or if you believe any User Content is infringing of your intellectual property rights, please report such User Content to UrBike by sending an email to email@example.com. UrBike reserves the sole right, but not obligation, to remove any message that it deems inappropriate in its sole discretion and without any liability to you.
- Intellectual Property License Restrictions. Licensee shall not:
- copy the Application, except as expressly permitted by this license;
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or
- use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
- Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company reserves and shall retain its entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
- Geographic Restrictions. The Services are based in the state of Colorado in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.
- Updates. Company may from time to time, in its sole discretion, develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
- the Application will automatically download and install all available Updates; or
- you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
- Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
- Term and Termination.
- The term of Agreement commences when you download, install and register under the Application and will continue in effect until terminated by you or Company as set forth in this Section 12.
- You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
- Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion or immediately upon notice to you. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
- Upon termination:
- all rights granted to you under this Agreement will also terminate; and
- you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
- Termination will not limit any of Company’s rights or remedies at law or in equity.
- “Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unassisted, fixed, conditional, or contingent) that arise from or relate to (i) any of the Services, including any of the Bikes, equipment or related information, or (ii) your use of any of the foregoing. “Released Persons” means, collectively (a) UrBike and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, and (b) every sponsor of any of the Services and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns. In exchange for you being allowed to use any of the Services, Bikes, and other equipment or related information provided by UrBike, you (acting for you and for all of your family, heirs, agents, affiliates, representatives, successors, and assigns) do hereby fully and forever release and discharge all Released Persons for all Claims that you have or may have against any Released Person, except for Claims caused by the Released Person’s gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases. You expressly agree to indemnify, release and hold harmless Released Persons from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the sole or partial negligence of UrBike and/or the negligence of others, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using and/or operating the Bike.
- Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE SERVICES FOR:
- PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
- DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERCVICES UTILIZED THROUGH THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
- Assumption or Risk. You are solely and fully responsible for the safe operation of the Bike at all times. You agree that Bikes are machines that may malfunction, even if the Bike is properly maintained, and that such malfunction may cause injury. You agree that riding a Bike involves many obvious and not so obvious risks, dangers, and hazards, which may result in injury or death to you or others, as well as damage to property, and those risks, dangers, and hazards cannot always be predicted or avoided. You agree that such risks, dangers, and hazards are your sole responsibility, including, but not limited to, choosing whether to wear a bicycle helmet as required by law or utilize other protective gear. You agree that if your use of any of the Services causes any injury or damage to another person or property, then you may be liable for all resulting injuries, damages, and related costs. By choosing to ride a Bike, you assume full and complete responsibility for all related risks, dangers, and hazards, and you agree that UrBike and all other Released Persons are not responsible for any injury, damage, or cost caused by you with respect to any person or property, including the Bike itself.
- Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
- Export Regulation. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
- Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement, is invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable.
- Governing Law; Dispute Resolution. This Agreement is governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in City and County of Denver. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Any claim or dispute arising out of this Agreement, or arising out of the termination of this Agreement and which is not otherwise resolved by the parties, shall be resolved by binding arbitration administered by JAMS in Denver, Colorado, pursuant to the then prevailing JAMS Streamlined Arbitration Rules and Procedures. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction.
- Electronic Signature. Certain activities related to UrBike’s Services may require you to make an electronic signature. You understand and accept that an electronic signature has same legal rights and obligations as a physical signature. If you have a user account with UrBike, you agree that we may provide you any and all required notices electronically through your user account or other electronic means. You agree that UrBike is not responsible for any delivery fees charged to you as a result of your receipt of our electronic notices.
- Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
- I certify that I am 18 years old or over, and I have read and expressly agree to the terms and conditions set forth in this Agreement.
I certify that I am the Parent and/or Legal Guardian of the rider, who is at least 13 years old, and I am 18 years old or over. I have read, and I expressly agree to, the terms and conditions set forth in this Agreement and authorize use of the Services by the minor rider.