Most recent update to User Agreement and Terms of Service: January 1, 2019

THIS USER AGREEMENT AND TERMS OF SERVICE (the “Agreement”) is between you, as the renter (including prospective renter) and/or user (collectively and individually referred to as “You”; “Your”; or “User”) of the Services (as set out below) and ZIP Inc. (the “Company”; “Us” or “Our”).

  1. PRIOR TO AN ENGAGEMENT FOR ANY OF THE SERVICES DESCRIBED HEREIN BETWEEN THE COMPANY AND YOU, YOU MUST CAREFULLY READ, UNDERSTAND AND VOLUNTARILY CONSENT TO ALL OF THE TERMS OF THIS AGREEMENT. IN THE EVENT THAT THESE TERMS CANNOT BE COMPLIED WITH BY YOU OR THEY ARE NOT ACCEPTABLE BY YOU THEN YOU SHALL NOT ENGAGE THE COMPANY FOR ANY SERVICES OR RENTALS PROVIDED HEREIN.
  2. The User therefore acknowledges, consents, represents and warrants (as the case may be) to the Company, and the User acknowledges that the Company is relying on the accuracy and truth of such acknowledgment, consent, representation or warranty (as the case may be) to provide such Services to the User, as follows:
    1. the User has carefully read, understands and accepts the terms in this Agreement prior to the use of the Services or any Vehicle (as defined below) as set out in this Agreement;
    2. the User understands that if he/she does not agree to the terms and conditions of this Agreement (including all dispute resolution and waiver of the class action provisions), then the potential User shall not use the Services or engage the Company in any other way;
    3. by agreeing to the dispute resolution procedures set out herein, the User is giving up their right for any court to resolve the dispute, including participating in any class action law suit and that this clause may be relied upon by the Company as an estoppel to any court action commenced or participated in by the User;
    4. this Agreement (including all rules and policies, amendments, supplements, modifications and/or schedules) is a legally binding on the User and the Company;
    5. the User accepts the collection of your personal information and/or private data in the user thereof in accordance with the Company’s privacy policy;
    6. the User is authorized to use any Cards (as defined below) that You furnish to Company for payment of the Services;
    7. You are solely and fully responsible for the safe operation of any Vehicle (as defined below) from the time that you inspect the Vehicle until the time the Vehicle is received by the Company (the “Rental Period”);
    8. the Vehicles are machines that may malfunction, even if the Vehicles are properly maintained, and that such malfunction may cause injury;
    9. You understand that riding a Vehicle 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 that such risks, dangers, and hazards cannot always be predicted or avoided;
    10. You agree that such risks, dangers, and hazards are Your sole responsibility, including, but not limited to, choosing whether to wear a helmet other protective gear. The Company advises You to wear an approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions at all times while using any of the Vehicles, whether required by law or not;
    11. You expressly understand and agree that it is solely Your responsibility to determine whether You are required to wear a helmet in the particular jurisdiction in which You are using the Vehicles. If You do not wear an approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions, You do so at Your own risk;
    12. You agree that if Your use of any of the Services, Vehicles, and/or related equipment causes any injury or damage to another person or property, then You shall be liable for any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown;
    13. You represent that You are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and Your use of the Services is and will be in compliance with all applicable laws.
    14. In addition, You represent and warrant that Your User Submissions and all elements thereof are (a) owned or controlled solely and exclusively by You, or You have prior written permission from the rightful owner of the content included in Your User Submissions, or You are otherwise legally entitled to grant Company all of the rights granted herein; and (b) Company’s use of Your User Submissions as described or contemplated herein do not and will not infringe on the copyrights, trademark rights, publicity rights or other rights of any person or entity, violate any law, regulation or right of any kind whatsoever, or otherwise give rise to any actionable claim or liability, including, without limitation, rights of publicity and privacy, and defamation. Furthermore, You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them;
    15. unless otherwise set out herein, all references to currency or monetary value shall mean Canadian dollars;
    16. Save and except for permitted Users under the age of 18 years old (as set out in this Agreement), You shall be the only person with permission to use the rented Vehicle during the Rental Period and for compliance with the terms of this Agreement; and
    17. the User shall comply (in good faith) with all terms of this Agreement.
  3. THE SERVICES
    1. The Services provided by the Company to the User are as follows:
      1. access (during business hours) to the Company’s bicycle parking locations (the “Parking Locations”);
      2. use of Our bicycles (“Bike”), electric bicycles (“E-Bike”) and/or electronic scooters (“E-Scooter”). The E-Bike and E-Scooter are referred to herein as “Electric Vehicles” and the Electric Vehicles along with the Bike are referred to as the “Vehicles”;
      3. Our mobile applications (the “App”), Our website www.ridezip.co (the “Website”) and any other software developed and owned by the Company;
      4. charging of the Electric Vehicles prior to the Rental Period;
      5. maintenance of the Vehicles;
      6. customer service and all such employees to carry out these services;

      (collectively the “Services”).

    2. The Company agrees to provide the Vehicles to the User only in accordance with the terms set out herein.
    3. The User agrees and acknowledges that Vehicles may not be available at all times. Electronic Vehicles require periodic charging of batteries in order to operate. The User agrees to use and operate Electronic Vehicles safely and prudently and comply with all restrictions and requirements associated with Electronic Vehicles, as set forth in any all applicable laws, rules, regulations, and/or ordinances. You understand and agree to the following:
      1. The level of charge power remaining in the Electronic Vehicle will decrease with use of the Electronic Vehicle (over both time and distance), and that as the level of charge power decreases, the speed and other operational capabilities of the Electronic Vehicle may decrease (or cease in their entirety).
      2. The level of charging power in the Electronic Vehicle at the time You commence the Rental Period or operation of Electronic Vehicle is not guaranteed and will vary with each rental use.
      3. The rate of loss of charging power during the use of the Electronic Vehicle is not guaranteed and will vary based on the Electronic Vehicle, road conditions, weather conditions and/or other factors.
      4. It is the User’s responsibility to check the level of charge power in the Electronic Vehicle and to ensure that it is adequate for the ride before initiating operation of the Electronic Vehicle.
      5. The Company does not guarantee the distance and/or time that a User may operate any Electronic Vehicle before it loses charging power completely. The Electronic Vehicle may run out of charging power and cease to operate at any time during Your rental of the Electronic Vehicle, including before reaching Your desired destination.
    4. The User agrees to return any Vehicle to the Company in the same condition in which such Vehicle was rented. The User agrees that he or she will be responsible for the cost of repairing and/or replacing any Vehicle that she or he damages and/or cause damage to. The User will not be responsible for normal wear and tear of the Vehicle. If the User vandalizes any Vehicle, he or she shall be liable for up to $1000, in the Company’s sole and absolute discretion.
    5. A User must report any accident, crash, damage, personal injury, stolen or lost Vehicle to the Company as soon as possible. If a crash involves personal injury, property damage, or a stolen Vehicle, the User shall file a report with the local police department within 24 hours.
  4. TERM AND TERMINATION
    1. The term of this Agreement begins when You first use the Services, and the term ends five (5) years after You last use the Services; provided, however, that Your personal financial responsibility under this Agreement expires two (2) years after You last use the Services.
    2. At any time and from time to time, and without Your consent, Company may unilaterally terminate Your right to use the Services, in Company’s sole and absolute discretion and without any notice or cause. You may terminate Your use of the Services at any time; provided, however, that (i) no refund will be provided by Company (unless otherwise set out herein); (ii) the term of this Agreement continues in accordance with section 4.1 above; and (iii) You may still be charged any applicable fees in accordance with this Agreement or as applicable by law.
  5. PAYMENT AND FEES
    1. You may use the Vehicles on a pay per ride basis or as otherwise in accordance with the pricing described in the App, on the Website or other written contract executed by You and the Company prior to the commencement of the Rental Period. In each case, fees and other charges are subject to applicable taxes and other local and/or government charges, which may be charged and collected by Company in accordance with this Agreement. The Company will charge Your credit card or debit card (collectively, Your “Card”) or other agreed payment methods the amount of the fees as described in this Agreement.
    2. Promotion codes or discounted fees or incentives (“Discounts”) are one-time offers and can only be redeemed via the App or as otherwise specified and approved by the Company. The Company reserves the right to modify or cancel
      Discounts at any time. Discounts are limited to one (1) per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.
    3. Subject to article 6 below, the maximum rental time of a Vehicle is 24 hours. You agree that You will deactivate the Vehicle rental within 24 hours of time that rental of the Vehicle began. You may then rent again. You agree that You are solely responsible for being aware of any elapsed time related to timely locking any Vehicle. The maximum charge is $1,000 for any Bike, and $1,000 for any Electronic Vehicle, all based on a 24-hour period. After return of the Vehicle, You will be charged the accumulated rental charges, or the maximum 24-hour charge; whichever is less. Vehicles that are not returned (locked and a ride concluded) within 48 hours will be considered lost or stolen, and You may be charged up to $1,000 for each Bike or $1,000 for each Electronic Vehicle, and a police report may be filed against You. We may also charge a service fee of $1,000, in Our sole discretion, for rentals in excess of 24 hours where the Vehicle is not considered lost or stolen.
    4. You must input a valid Card number and expiration date before You will be registered to use the Services. You authorize Company to charge the Card for all fees incurred by You, in accordance with this Agreement. If You dispute any charge on Your Card account, then You must contact Company within ten (10) business days from the end of the month with the disputed charge, provide to Company 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. You agree to immediately inform Company of all changes relating to Your Card.
    5. If You are unable to return any Vehicle to a valid area ( i.e., You deactivate a Vehicle on private property, a locked community, and/or any other unreachable area), and request that the Vehicle be picked up by the Company, then We, in Our sole and absolute discretion, may charge You a pick-up fee up to $1,000. If any Vehicle accessed under Your account is abandoned without notice, You will be responsible for all fees until the Vehicle is recovered and deactivated, plus a service charge of up to $1,000, to recover the Vehicle. Fees are subject to change in Company’s sole and absolute discretion, and without notice to You.
  6. TERMS APPLICABLE TO SUBSCRIPTIONS AND AUTORENEWALS
    1. To purchase access and use of any subscriptions offered through the Services, You must be at least eighteen (18) years of age or the applicable age of majority in Your jurisdiction where the Vehicle is being used during the entire Rental Period. Prior to the purchase and/or rental of any Vehicles or Services, You must provide us with a valid Card number and associated payment information including all of the following: (i) Your name as it appears on the Card, (ii) Your Card number, (iii) the Card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge Your Card or otherwise use a valid gift card. By submitting that information to us or our third party credit card processor, You agree that You authorize us and/or our processor to charge Your Card at our convenience but within thirty (30) days of Card authorization. For any Vehicle or service that You order on the Services, You agree to pay the price applicable (including any sales taxes and surcharges) as of the time You submit the order. Company will automatically bill Your Card or other form of payment submitted as part of the order process for such price. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in this Agreement will be disclosed at the time of Your sign-up or in other communications made available to You. Some promotional memberships are offered by third parties in conjunction with the provision of their own Vehicles and services. We are not responsible for the Vehicles and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend Our offered membership plans.
    2. Except in the event of a free trial offer, Your subscription will commence as of the date Your payment for a subscription is received by Company. Your subscription will continue in full force for the length of the term You specifically purchased or on a month-to-month term until such time as You cancel the subscription in accordance with this Agreement (the “Subscription Term”). In the event that You cancel a subscription in the middle of Your Subscription Term, You will not be entitled to receive a refund for the unused portion of the remainder of that Subscription Term. The Company will have the right, upon written notice to You, to terminate this Agreement, and suspend Your access to their subscription, if: (a) You fail to pay the Company any amount due under this Agreement; and/or (b) You materially breach any term or condition of this Agreement. The Company shall have the right to terminate this Agreement and suspend Your access to the subscription with or without cause, upon five (5) days written notice to You in which case You will no longer be charged for access to the subscription. Upon the expiration or termination of this Agreement for any reason, Your access to, and use of, their subscription will terminate.
    3. We may offer promotional trial subscriptions to access the Services for free for a limited time or at special discounted prices. If You sign up for a trial use, Your rights to use the Services are limited by the terms of such trial and will terminate or renew on the terms of Your trial arrangement and/or any applicable Additional Terms. However, during any promotional or free trial period, You are still bound by all other terms of this Agreement. Please be aware that when You sign up for a free trial, You will be required to provide Your Card number and Company will confirm Your Card is valid. When We process Your Card, some credit card companies may place a temporary hold on Your account for Your first payment. Please contact Your Card company if You have questions. Please note that We do not provide price protection or refunds in the event of a price drop or promotional offering.
    4. Once your free rental period ends, we or a third party payment processor will begin billing your designated payment method on a recurring basis for your subscription (plus any applicable taxes and other charges), unless you cancel your subscription prior to the end of your free trial. If your free trial ends and your subscription begins, your subscription will auto renew and you will be billed on a recurring basis for your each subscription period unless you cancel. Instructions for canceling your membership subscription are described below. please note that you will not receive a notice from us that your free trial has ended or that the paid portion of your subscription has begun. We reserve the right to modify or terminate free trials at any time, with notice and in our sole and absolute discretion.
    5. Your subscription to the Services will automatically renew at the end of Your Subscription Term continuously and indefinitely without action by You, and the subscription membership fee will be charged to You at the time of renewal. Once Your membership fee has been paid You will be entitled to all privileges included in the membership until the membership is cancelled by You as set forth in the paragraph below. By providing Your payment method information for Your subscription, You are agreeing to pay a subscription fee (including any applicable taxes and service fees (collectively, “Fees”), that will automatically renew, at the then current rate, unless You cancel prior to the expiration of the current Subscription Term. The Fees will be charged to Your original payment method automatically at the beginning of Your Subscription Term, and at the beginning of each renewal Subscription Term thereafter on the calendar day corresponding to the commencement of Your current Subscription Term, unless You cancel Your subscription, or Your account is suspended or terminated pursuant to this Agreement. The renewal Subscription Term will be the same length as Your initial Subscription Term unless otherwise disclosed to You at the time of the original subscription sale. The rate for the renewal Subscription Term will be the then current subscription-rate. The Fees charged to Your payment method may vary from Subscription Term to Subscription Term due to changes in Your subscription plan or applicable taxes, and You authorize Company to charge Your payment method for these amounts. The Company reserves the right to change the pricing of subscription at any time. In the event of a price change, the Company will post the new pricing on the Services and attempt to notify You in advance by sending an email to the address You have registered for Your account. You agree that We may change the pricing We charge You for Your subscription and any Vehicles/Services offered in Your subscription package by providing You with notice through an electronic communication from us and You agree that all agreements, notices, disclosures, and/or any other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. You consent to our ability to change our pricing and the details of our subscription packages through an electronic communication to You. If You do not wish to accept a price or subscription package change made by us, You may cancel Your subscription as described below, otherwise You will be deemed to have consented to the price/subscription package change and authorize Company to charge the new Fees to Your payment method. If there are any discrepancies in billing, You hereby waive Your right to dispute such discrepancies if You do not notify the Company within sixty (60) days after they first appear on an account statement.
    6. You have the right to cancel Your subscription membership at any time upon notice to the Company, if a subscription is available. To cancel Your subscription membership, cancel via the app. Cancellation of initial membership any time after purchase will result in forfeiture of the membership fee. To avoid a late cancellation fee or forfeiture of the membership renewal fee, membership should be cancelled prior to the end of the then current Subscription Term. Upon cancellation, You will lose access to the areas of the Services designated for subscription members only. This could include any credit and other data and analyses that have been displayed during Your subscription membership.
    7. All payments to the Company are made through a third party payment processor(s). We accept any and all methods of payment that Our third party payment processor(s) accept. We currently do not accept cash, personal or business checks or any other payment form. Your Card issuer agreement governs Your use of Your designated Card, and You must refer to that agreement and not this Agreement to determine Your rights and liabilities as a cardholder.

      You represent and warrant that You will not use any Card or other form of payment unless You have all necessary legal authorization to do so. YOU, AND NOT COMPANY, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with Your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless You notify the Company of any discrepancies within sixty (60) days after they first appear on Your Card statement, You agree that they will be deemed accepted by You for all purposes. If the Company does not receive payment from Your Card issuer or its agent, You agree to pay all amounts due upon demand by the Company or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the Vehicles. You are responsible for paying any such taxes or charges imposed on Your purchases, including, but not limited to, sales, use or value-added taxes. The Company shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that it deems is required in accordance with our order policy in effect at the time of purchase.
    8. All purchase transactions made through the Services are subject to the Company’s return policy in effect at the time of purchase. Currently, the Company’s refund policy is to not offer any refunds for any subscriptions purchased through the Services, except in the Company’s sole and absolute discretion.
    9. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of Your order, nor does it constitute confirmation of our offer to sell. The Company reserves the right at any time after receipt of Your order to accept or decline Your order for any reason. The Company further reserves the right any time after receipt of Your order, without prior notice to You, to supply less than the quantity You ordered of any item. Your order will be deemed accepted by the Company upon our delivery of Vehicles and/or Services that You have ordered. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, You agree that, if We cancel all or a portion of Your order or if We provide You less than the quantity You ordered, Your sole and exclusive remedy is either that: (a) We will issue a credit to Your Card account in the amount charged for the cancelled portion or the quantity not provided (if Your Card has already been charged for the order); or (b) We will not charge Your Card for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order You have placed with the Company has been affected until You receive a confirmation from the Company via email or the Services. As stated above, You will be responsible for, and Your Card or third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before Your cancellation/change request or a request to terminate Your account was received.
    10. In the event of any errors relating to the pricing or specifications of any item, Vehicle or Service, the Company shall have the right to refuse or cancel any orders in Company’s sole and absolute discretion. If We charged Your credit card or other account prior to cancellation, We will issue a credit to Your account in the amount of the charge. Additional terms may apply.
    11. The purchase and/or rental of Vehicles and/or Services is subject to availability. VEHICLES AND SERVICES DISPLAYED ON THE SERVICES MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. COMPANY RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SERVICES OR BY ELECTRONIC DELIVERY TO YOU.
    12. You understand that You will need to create an account to have access to the Services. You will: (a) provide true, accurate, current and complete information about You as prompted by the Services’ registration or subscription page (such information being the “Registration Data”); (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (c) be able to provide sufficient additional proof of such Registration Data as may be requested by the Company. If You provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your account and refuse any and all current or future use of the Services (or any portion thereof). You are entirely responsible for the security and confidentiality of Your password and account. Furthermore, You are entirely responsible for any and all activities that occur under Your account. You will not share Your account information or Your user name and password with any third party or permit any third party to logon to the Services using Your account information. You agree to immediately notify us of any unauthorized use of Your account or any other breach of security of which You become aware. You are responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Services. We have the right to provide Your billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business, or in some cases, as a result of mandatory data sharing with governments). Please note that anyone able to provide Your personally identifiable information will be able to access Your account so You should take reasonable steps to protect this information.
  7. USER ELIGIBILITY
    1. Each User must be at least 18 years old during the Rental Period and have a valid driver’s license in the jurisdiction where the Services are being rendered for the entire Rental Period.
      1. A person under the age of 18 years old during the Rental Period (a “Minor”), is only entitled to rent a vehicle from the Company and is subject to the following additional conditions:
        1. the Minor’s parent and/or legal guardian must review and consent to be jointly and severally liability for the performance of the terms of this Agreement (including responsibility for any misuse, damage, losses, liabilities, injuries, fees (including any solicitor-client fees incurred by the Company as a result of an action or law suit commenced against the Company arising from the Minor’s use of a Vehicle), costs, penalties, judgments or expenses of any kind whatsoever arising from the Minors use of the Bike;
        2. the Minor’s parent and/or legal guardian shall supervise the Minor’s use of the Bike at all times during the Rental Period;
        3. the Minor’s parent and/or legal guardian has assisted the Minor in completing the safety check of the Bike prior to its use and certifies that it is fit to be used by the Minor;
        4. the Minor’s parent and/or legal guardian certifies that the Minor is properly wearing an approved helmet which properly fits the head of the Minor and has bene fastened in accordance with the manufacturer’s instructions at all times during the Rental Period; and
        5. the Minor’s parent and/or legal guardian have explained the applicable laws, rules and regulations of the local authorities as it relates to the use of a bicycle.
      2. A Minor is expressly prohibited from using an Electronic Vehicle and should the Company become aware that a Minor is in possession of an Electronic Vehicle, We may take all such steps that the Company deems reasonable to recover the Electronic Vehicle.
    2. Each User must be a comfortable with the operation of the Vehicle being rented and must be able to perform all such operations of the Vehicle. If the User is not clear on the operation of the Vehicle, he/she must ask all questions and ensure that such operation may be performed prior to commencing the use of the Vehicle.
    3. Each User assumes all responsibilities, risks and liabilities for any injuries and/or medical conditions incurred or inflicted during the Rental Period that are related to the use of the Vehicle.
    4. Each User shall ensure that the weather conditions are acceptable to perform all uses of the Vehicle in a safe manner. In the event that the weather conditions are not acceptable or render the operation of the Vehicle to be questionable in the weather conditions, the Vehicle shall not be used.
    5. No User shall modify, repair, deface or alter in any way a Vehicle (including any stickers or banding attached to the Vehicle by the Company).
    6. No User shall use a Vehicle for commercial purposes, without the prior written consent of the Company which may be arbitrarily withheld.
    7. Each User agrees that the Vehicle shall not be used in any area which a Vehicle is not permitted to be used (a “Restricted Area”). In the event that a Vehicle is used in a Restricted Area, the User shall assume all responsibility and liability for such an act, including liability for any fines, tickets, fees or penalties of any sort. Should any fine, ticket, fees or penalties of any sort be given to a User as a result of the Vehicle being used in a Restricted Area, then the Company reserves the right to charge an additional fee of $50.00 to the User upon discover of such fine, ticket, fee or penalty.
    8. Each User shall comply and follow all laws, regulations and rules (including all federal, provincial and/or municipal – as the case may be) pertaining to the use and operation of the Vehicle during the Rental Period. Each User acknowledges and agrees that he/she is responsible for any and all claims, demands, causes of action, losses, liabilities, damages, injuries, costs, penalties, judgments, law suits, expenses and/or disbursements of any incurred by the Company or the User (whether foreseeable or not and whether known or unknown) as a result of the use of the Vehicle.
      1. The User authorizes the Company to contact the User (during or after the Rental Period) directly to report any tickets, citations, fines, and/or penalties incurred by the User during the Rental Period.
      2. In the event that a User incurs a ticket, fine, penalty or otherwise (including any collection fees and interest), as set out in the section above, the Company may in its sole and absolute discretion, pay such amount on behalf of the User directly to the appropriate authority and the User shall authorize the Company to charge you directly to the credit/debit card and/or any other method of payment the User provided the Company to rent the Vehicle.
      3. The User agrees to indemnify and hold the Company harmless for any amount incurred or paid by the Company on behalf of the User under this section.
    9. No User shall:
      1. Operate any Vehicle in violation of any law, rule, regulation and/or in conflict with any posted signage from a private individual (including operating on a sidewalk).
      2. Operate a Vehicle while carrying or attaching to them in any fashion an item which impedes their ability to operate the Vehicle safely.
      3. Operate a Vehicle while using a cell phone or any other electronic devise which may distract the User from safely operating the Vehicle (including listening to music which may prevent the User from hearing noise warnings). After user has completed the booking a ride process and is required to put the device away while vehicle is in use.
      4. Operate a Vehicle under the influence of (legal or illegal) drugs, alcohol, medication, fatigue or any other substance that may impair the User’s ability ot operate the Vehicle.
      5. Operate a Vehicle with another person as a passenger or an animal for transportation.
      6. use a locking devise, other than those provided by the Company.
      7. park a vehicle in an area that does not comply with the applicable laws, rules, regulations or in a area prohibited by signage (whether seen or not seen by the User).
      8. do anything that would prevent the Company from accessing the Vehicle at all times, for the purposes of recovering the Vehicle.
      9. Operate a Vehicle for the purposes of racing, mountain riding, stunt riding or trick riding.
      10. Operate a Vehicle on anything but a paved road.
      11. Max Weight: 55–220 lbs (25–100 kg). This includes rider and carry weight. Do not use if exceed max weight.
  8. ARBITRATION; CLASS ACTION WAIVER; DISPUTE RESOLUTION
    1. If any controversy, allegation, or claim arises out of or relates to the Services or this Agreement or any other agreement between the User and the Company (collectively, “Dispute”), or to any of the Company’s actual or alleged intellectual property rights (an “Excluded Dispute”), then You and Company agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to You will be sent to You based on the most recent contact information that You provide us. But if no such information exists or if such information is not current, then We have no obligation under this Section 8.1. Your notice to us must be sent to: the Company, legal@ridezip.co. For a period of sixty (60) days from the date of receipt of notice from the other party, the Company and You will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either You or the Company to resolve the Dispute or Excluded Dispute on terms with respect to which You and the Company, in each of our sole discretion, are not comfortable.
    2. If the Company and the User cannot resolve a Dispute as set forth in this Section 8 (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND THE COMPANY (WHETHER BASED IN CONTRACT, LAW, STATUTE, RULE, REGULATION, ORDINANCE, TORT INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE, COMMON LAW, CONSTITUTIONAL PROVISION, AGENCY AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY VEHICLE, SERVICE OR ADVERTISING CONNECTED TO THE PROVISION OR USE OF THE SERVICES. The Arbitration Act, 1991, S.O. 1991, c.17 (“AA”), not Provincial law, shall govern the arbitrability of all Disputes between the Company and You regarding this Agreement (and any Additional Terms) and the Services, including the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. The Company and You agree, however, that Provincial or federal law shall apply to, and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between You and the Company regarding this Agreement and the Services, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to the Provincial’s choice of law principles.
    3. A Dispute will be resolved solely by binding arbitration in accordance with the then-current AA, or by any other arbitration administration service that the Company selects in writing. If an in-person arbitration hearing is required, then it will be conducted in Kitchener, Ontario. You and Company will share equally the remuneration for the arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Company to pay a greater portion or all of such fees and costs in order for this Section 8 to be enforceable, then Company will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator or arbitration panel, as the case may be, will apply and be bound by this Agreement and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award. All issues are for the arbitrator to decide, including arbitrability. This arbitration provision shall survive termination of this Agreement or the Services.
    4. The Arbitrator will render a written decision within the time frame specified in the AA. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. The Arbitrator’s decision shall be final and binding on all parties. The prevailing party in the arbitration shall be entitled to an award of attorneys’ fees and costs, as long as the Arbitrator includes such an award of attorneys’ fees and costs in the written decision.
    5. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR COMPANY WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR COMPANY MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH HEREIN) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: by delivery of written notice as set forth herein.
    6. The foregoing provisions of this Section 8 will not apply to any legal action taken by Company to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, any Content, Your User Submissions and/or Company’s intellectual property rights (including those that Company may claim are in dispute), Company’s operations, and/or Company’s Vehicles and/or Services.
    7. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 8 to arbitrate will not apply and the Dispute must be brought exclusively in court. Notwithstanding any other provision of this Section 8, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
    8. Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising out of or related to this Agreement, any Vehicle, and/or any of the Services, may only be instituted in the Province of Ontario and to the extent possible, in the City of Kitchener. Accordingly, You and Company consent to the exclusive personal jurisdiction and venue of such courts for such matters.
    9. Notwithstanding the foregoing, either You or Company may bring a qualifying claim or Dispute (but not Excluded Disputes) in small claims courts located in Ontario.
  9. RELEASES; DISCLAIMERS; LIMITATION OF LIABILITY; ASSUMPTION OF RISK
    1. Claims” means, collectively, and without limitation, 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 pre-litigation, pre-trial, at trial, on appeal, or otherwise), damages of any kind whatsoever (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Services, including any of the Vehicles, equipment or related information, and/or (b) Your use of any of the foregoing.
      Released Persons” means, collectively Company and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, and (ii) 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 being allowed to use any of the Services, and other equipment or related information provided by Company, You (acting for You and for all of Your family, heirs, agents, affiliates, representatives, successors, and assigns) hereby fully and forever release and discharge all Released Persons for any and all Claims that You have or may have against any Released Person. 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, regardless of the cause, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using any of the Services.
  10. DISCLAIMERS
    1. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, VEHICLES, OR RELATED EQUIPMENT, COMPANY AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
    2. ALL OF THE SERVICES, VEHICLES, AND RELATED EQUIPMENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK). Therefore, to the fullest extent permissible by law, the Released Persons hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
      1. the Services (including the Vehicles, the Content, the equipment rented through the Services, and the User Submissions);
      2. the functions, features, or any other elements on, or made accessible through, the Services;
      3. any instructions offered or referenced at or linked through the Services;
      4. security associated with the transmission of Your User Submissions transmitted to Company via the Services;
      5. whether the Services or the servers that make the Services available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact Your Device(s));
      6. whether the information (including any instructions) on the Services is accurate, complete, correct, adequate, useful, timely, or reliable;
      7. whether any defects to or errors on the Services will be repaired or corrected;
      8. whether Your access to the Services will be uninterrupted;
      9. whether the Services will be available at any particular time or location; and
      10. whether Your use of the Services is lawful in any particular jurisdiction.

    EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A RELEASED PERSON, RELEASED PERSONS HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

    THE COMPANY AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, VEHICLES, OR RELATED EQUIPMENT WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, VEHICLES, AND/OR RELATED EQUIPMENT.

    Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable. However, in those jurisdictions, the Company expressly disclaims any and all warranties to the fullest extent permitted by applicable law.

  11. LIMITED LIABILITY OF COMPANY
    1. YOU HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, COMPANY AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, VEHICLES, AND/OR RELATED EQUIPMENT, (C) YOUR BREACH OF THIS AGREEMENT AND/OR YOUR VIOLATION OF ANY LAW, RULE, REGULATION, AND/OR ORDINANCE, INCLUDING RIDING ON SIDEWALKS AND/OR PARKING, (D) ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION AND/OR INACTION BY YOU, (E) YOUR FAILURE TO WEAR A SNELL, CPSC, ANSI OR ASTM APPROVED HELMET THAT HAS BEEN PROPERLY SIZED, FITTED AND FASTENED ACCORDING TO THE MANUFACTURER’S INSTRUCTIONS WHILE USING ANY VEHICLE, AND/OR (F) ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION OR INACTION OF ANY THIRD PARTY.
    2. YOU HEREBY WAIVE ANY AND ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, AND/OR OTHER GROUNDS, EVEN IF COMPANY OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.
    3. THE TOTAL LIABILITY OF COMPANY AND ALL OTHER RELEASED PERSONS FOR ANY AND ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER GROUNDS, IS LIMITED TO THE SUM OF $200.00.
    4. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, VEHICLES, AND/OR RELATED EQUIPMENT, IS AT YOUR SOLE AND INDIVIDUAL RISK, AND THAT COMPANY IS NOT RESPONSIBLE FOR ANY AND ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOU FULLY UNDERSTAND THE RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES, VEHICLES, AND/OR RELATED EQUIPMENT, AND THAT YOU ASSUME SUCH RISK.
  12. INDEMNIFICATION
    1. You agree to defend, indemnify, and hold harmless the Released Persons from and against any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits settlements, and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Released Person, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) Your use or misuse of the Services, Vehicles, and/or related equipment, (ii) Your User Submissions; (iii) Your use of the Services and Your activities in connection with the Services; (iv) Your breach or alleged breach of this Agreement or any Additional Terms; (v) Your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with Your use of the Services (including the Vehicles) or Your activities in connection with the Services; (vi) information or material transmitted through Your Device(s), even if not submitted by You, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vii) any misrepresentation made by You; and (viii) the Released Persons’ use of the information that You submit to Us (including Your User Submissions) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the Released Persons in the defense of any of the foregoing. Notwithstanding the foregoing, the Released Persons retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Released Persons reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Released Persons.
  13. CONFIDENTIALITY OF INFORMATION; PRIVACY POLICIES
    1. All personally identifiable information that is held by Company and pertains to You, including all names, addresses, phone numbers, email addresses, Card numbers, and/or pass numbers, will be kept by Company in accordance with its Privacy Policy; provided, however, that (i) if there is any situation where You are unable to communicate personal information to the appropriate authorities, then Company may, in Our sole and absolute discretion, provide Your name, address, phone number, and other information to such authorities, (ii) if Company receives a subpoena from any court or other authority, then Company will provide all requested information in accordance with applicable law, and (iii) Company may disclose aggregate and other data about You in accordance with applicable law, including, without limitation, general latitude and longitude data for Your addresses (provided this would not allow any individual’s address to be separately identified). In addition, Company may disclose individual data to a third party upon Your express permission and consent (e.g. enrollment in a study).
    2. We reserve the right, without any limitation, to: (i) investigate any suspected breaches of the Services’ security or information technology or other systems or networks; (ii) investigate any suspected breaches of this Agreement and any Additional Terms; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of this Agreement and any Additional Terms; and (vi) discontinue the Services, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate Your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to You or any third party. Any suspension or termination will not affect Your obligations to us under this Agreement or any Additional Terms. Upon suspension or termination of Your access to the Services, or upon notice from us, all rights granted to You under this Agreement or any Additional Terms will cease immediately, and You agree that You will immediately discontinue use of the Services. The provisions of this Agreement and any Additional Terms, which by their nature should survive Your suspension or termination will survive, including the rights and licenses You grant to us in this Agreement, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
  14. MEANS OF COMMUNICATION
    1. You acknowledge that telephone calls to or from the Company may be monitored and recorded and You agree to such monitoring and recording.
    2. You verify that any contact information provided to the Company, including but not limited to, Your name, email address, and Your mobile telephone number is true and accurate. You verify that You are the current subscriber or owner of any telephone number that You provide to us. Should any of Your contact information change, including Your telephone number, You agree to notify us immediately by calling Customer Service at (To be added at later date), emailing support@ridezip.co, texting (To be added at later date) (or by texting STOP to a text message from Company prior to changing Your number). You agree to indemnify, defend, and hold Company harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from failure to update Your contact information (including Your telephone number), Your voluntary provision of a telephone number that is not Your own, and/or from Your violation of any federal, provincial, or local law or regulation.
    3. By voluntarily providing Your telephone number(s) to Company, You expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages related to special offers, Your account, any transaction with us, and/or Your relationship with Company. These telephone calls and text messages may include, but are not necessarily limited to, for example, changes to Your account, verification codes, information in connection with a bike or scooter rental, equipment updates, promotions, and updated payment information. Consent to receive automated marketing calls/texts is not a condition of any rental or purchase. You may receive marketing calls or text messages even if Your telephone number is registered on any state or federal Do Not Call list. You acknowledge that You may incur a charge for calls or text messages by Your telephone carrier and that Company is not responsible for these charges.
    4. You agree that Company may obtain, and You expressly agree to be contacted at, email addresses, mailing addresses, and phone numbers provided by You directly or obtained through other means. You agree to receive automated calls and text messages even if You cancel Your account or terminate Your relationship with us, except if You opt-out. You may opt-out of text messages by replying STOP to any text message. You consent to receive an additional text message confirming Your opt-out request. For help, text HELP. To opt-out of automated telephone calls (but not text messages), call(To be added at a later date) or email support@ridezip.co. Please allow up to thirty (30) days to process any opt-out request. It is Your sole obligation to notify Company that You do not want to receive calls or text messages by following the instructions in this Section. You waive any rights to bring claims for unauthorized, unsolicited, or undesired calls or text messages by failing to opt-out immediately and in accordance with these opt-out instructions. Please note that if You opt out of automated calls/texts, we reserve the right to make non-automated calls/texts to You. Your obligations under this Section shall survive termination of these Terms.
  15. ADDITIONAL TERMS OF USE
    1. Before each use of any Vehicle, You shall conduct a basic safety inspection of the Vehicle, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) proper attachment of the seat, pedals, and basket; (iv) good condition of the frame; (v) sufficient of battery charge power; and (vi) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. You agree not to ride the Vehicle if there are any noticeable issues, and to immediately notify customer service to alert Company of any problems.
    2. If at any time, whether prior to, during, or after riding any Vehicle, You discover any defect or notice any other potentially unsafe condition on any Vehicle, no matter how slight, You must not use the Vehicle, or, if You are already riding the Vehicle, You must immediately cease riding when it is safe to do so.
    3. You agree to immediately report the defect or condition to Company.
    4. If You do not strictly comply with the aforementioned requirements, You shall be totally and completely liable for any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits settlements, and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, and You shall indemnify and hold harmless Company for the same.
    5. If a Vehicle is not returned within 48 consecutive hours, then the Vehicle may be deemed lost or stolen, in Company’s sole and absolute discretion, and a police report may be filed against You with local authorities. The data generated by the Services’ computer is conclusive evidence of the period of use of the Vehicles by You. You must report any disappearance or theft of any Vehicle to Company immediately or as soon as possible.
    6. Company advises You to wear a helmet at all times while using any of the Services, Vehicles, and/or related equipment, whether required by law or not.
    7. Company recommends that You wear an approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions.
    8. If wearing a helmet is required by the laws, rules, regulations and/or ordinances applicable to the area in which the Vehicle is operated, You agree to comply with such laws and regulations at all times.
    9. You agree that neither Company nor the Released Persons are liable for any injury or death suffered by You while using the Services, whether or not You are wearing a helmet at the time of injury.
    10. You expressly acknowledge and agree that You may need to take additional safety measures or precautions not specifically addressed in this Agreement, and You expressly acknowledge and agree that determining whether You must do so is Your sole responsibility - not Company’s responsibility.
    11. You agree that Company does not provide or maintain places to ride the Vehicles, and that Company does not guarantee that there will always be a safe place to ride any particular Vehicle. Roads, bicycle lanes, and routes may become dangerous due to weather, traffic, and/or other hazards outside of Company’s control. Company shall not be liable for any of the foregoing, without limitation. You are solely responsible for choosing a responsible and safe route. You must obey all laws at all times in choosing a route, and it is Your sole responsibility to be familiar with the applicable laws, rules, regulations, and/or ordinances of the jurisdiction in which You are using Company’s Services and/or Vehicles.
    12. You agree that the Company is not a common carrier. Alternative means of public and private transportation are available to the general public and to You individually. Company provides the Services and Vehicles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate the Vehicles on their own and who have agreed to all terms and conditions of this Agreement.
    13. For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to Company and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to Company and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the Services, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as Company may decide in its sole and absolute discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge Company and all Released Persons from all Claims that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.
    14. Subject to Your strict compliance with this Agreement and the Additional Terms, Company grants You a limited, revocable, non-exclusive, non-assignable, non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless Device, or other Internet enabled Device (each, a “Device”) for Your personal, non-commercial use only. This license does not include any resale or commercial use of the Services or its contents; any collection and use of any Vehicle listings, descriptions, or prices; any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly permitted herein, the Services and/or any portion of the Services may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without Company’s express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by Us to You. The foregoing limited license: (i) does not give You any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Company’s sole and absolute discretion, and without advance notice or liability.
    15. All of the content featured or displayed on the Services, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Company, its licensors, vendors, agents and/or its Content providers. All elements of the Services, including, without limitation, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which such Services is being made available. Except as permitted by copyright law, You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Services. Except as authorized under the copyright laws, You are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services. The Services, its Content and all related rights shall remain the exclusive property of Company or its licensors, vendors, agents, and/or its Content providers unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Services.
    16. All trademarks, service marks and trade names of Company used herein (including but not limited to: Company name, Company corporate logo, Company name, Company corporate logo, the Services name, the Services design, and/or any logos) (collectively “Marks”) are trademarks or registered trademarks of Company or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Company trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without Company’s prior written consent. You shall not use Company’s name or any language, pictures or symbols which could, in Company’s judgment, imply Company’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
    17. Where Company has specifically invited or requested submissions or comments, Company encourages You to submit content (e.g., comments to blog posts, participation in communities, tips, etc.) to Company that they have created for consideration in connection with the Site (“User Submissions”). User Submissions remains the intellectual property of the individual user. By posting content on our Site, You expressly grant Company a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and Your name, voice, and/or likeness as contained in Your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and Company shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
    18. Company does not encourage, and does not seek, User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that You have not and will not engage in any of the foregoing activities in connection with producing Your User Submission. Without limiting the foregoing, You agree that in conjunction with Your submission, You will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent Your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. Company will reject any User Submissions in which Company believes, in its sole and absolute discretion, that any such activities have occurred. If notified by You of a submission that allegedly violates any provision of this Agreement, Company reserves the right to determine, in its sole and absolute discretion, if such a violation has occurred, and to remove any such submission from the Services at any time and without notice.
    19. You are prohibited from using the Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that infringes or misappropriates third party intellectual property or could constitute or encourage conduct that would be considered a criminal offense or otherwise violate any law. You further agree that sending or posting unsolicited advertisements or “spam” on or through the Services is expressly prohibited by this Agreement. In addition to any remedies that We may have at law or in equity, if We determine, in Our sole and absolute discretion, that You have violated or are likely to violate the foregoing prohibitions or any applicable rules or policies linked to in these Agreement, We may take any action We deem necessary to cure or prevent the violation, including, without limitation, banning You from using the Services and/or the immediate removal of the related materials from the Services at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
    20. You agree that You will not use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission. Additionally, You agree that You will not: (i) take any action that imposes, or may impose, in Our sole and absolute discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Services; or (iii) bypass any measures We may use to prevent or restrict access to the Services.
    21. Except as disclosed in our Privacy Policy, We will not monitor, edit, or disclose the contents of Your e-mail or Content posted to the Services unless required in the course of normal maintenance of the Services and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Company or the Services; (2) protect and defend the rights or property of Company, the Services, or the users of the Services; or (3) act in an emergency to protect the personal safety of our users, the Services, or the public. Users shall remain solely responsible for the content of their messages and Company shall have no obligation to prescreen any such content. However, We shall have the right in Our sole and absolute discretion to edit, refuse to post or remove any material submitted to or posted on the Services at any time without notice. Without limiting the foregoing, We shall have the right to remove any material that We find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Agreement access to the Services or any part thereof.
    22. User published Content and User Submissions do not represent the views of Company or any individual associated with Company, and We do not control this Content. In no event shall You represent or suggest, directly or indirectly, Company’s endorsement of user published Content. Company does not vouch for the accuracy or credibility of any user published Content on our Services or User Submissions published through our Services, and do not take any responsibility or assume any liability for any actions You may take as a result of reviewing any such user published Content or User Submission. Through Your use of the Services and Services, You may be exposed to Content that You may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Services, You assume all associated risks.
    23. From time to time, the Services may contain links to websites that are not owned, operated or controlled by Company or its affiliates. All such links are provided solely as a convenience to You. If You use these links, You will leave the Services. Neither We nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither We nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that You may obtain from using any other websites. If You decide to access any other websites linked to or from the Services, You do so entirely at Your own risk.
    24. In some cases, We partner with another company to co-promote their services within our Services. In these cases, You are transacting directly with the other party. On those pages or locations, the transactional partners’ brand is clearly visible and their Agreement are posted. When using these partner pages, You are bound by the partner Agreement in addition to remaining bound by this Agreement. When there is a conflict between this Agreement and the partner’s agreement, Our Agreement will prevail.
    25. You or We may suspend or terminate Your right to use of the Services at any time, for any reason or for no reason. We may also block Your access to our Services in the event that (a) You breach these Agreement; (b) We are unable to verify or authenticate any information You provide to us; or (c) We believe that Your actions may cause financial loss or legal liability for You, our users or us.
    26. The Services may offer certain features and services that are available to You via Your wireless Device. These features and services may include the ability to access the Services’ features and upload content to the Services, receive messages (including text and SMS messages) from the Services, and download applications to Your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by Your carrier to participate in Wireless Features. Fees and charges may appear on Your wireless bill or be deducted from Your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with Your carrier or wireless Device. You should check with Your carrier to find out what plans are available and how much they cost. Contact Your carrier with questions regarding these issues. You confirm that You are the current subscriber and/or customary user of the mobile number registered with the Services and authorized to incur any message or data charges that may be charged by Your carrier. You are strictly prohibited from registering a mobile number that is not Your own. If We discover that any information provided is false or inaccurate, We may hold, suspend or terminate Your access to the Services at any time. Your participation in the Services are completely voluntary.
    27. You agree that as to the Wireless Features for which You are registered, We may send communications to Your wireless Device regarding us or other parties. Further, We may collect information related to Your use of the Wireless Features. If You have registered via the Services for Wireless Features, then You agree to notify us of any changes to Your wireless contact information (including phone number) and update Your accounts on the Services to reflect the changes.
    28. You must notify the Company immediately of any breach of security or unauthorized use of Your mobile phone. Although Company will not be liable for Your losses caused by any unauthorized use of Your mobile Device, You may be liable for the losses of Company or others due to such unauthorized use.
    29. Neither the Company nor You shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including, without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of common carriers.
    30. General : This Agreement and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of Ontario Canada, without regard to its conflicts of law provisions. A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. When You communicate with us electronically, such as via e-mail and text message, You consent to receive communications from us electronically. Please note that We are not obligated to respond to inquiries that We receive. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. These Agreement set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted or secure access to our Services, and operation of the Services may be interfered with by numerous factors outside of our control. If any provision of these Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Company in Our sole and absolute discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive this Agreement shall survive any termination or expiration of this Agreement. To the extent permitted by applicable law, You agree to waive, and You hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Except as expressly set forth in this Agreement or any Additional Terms, (i) no failure or delay by You or us in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of this Agreement or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for Your access to and use of the Services and You will be responsible for all charges related to them. Company controls and operates the Services from its Canada-based offices in the Ontario, and Company makes no representation that the Services is appropriate or available for use beyond Canada. If You use the Services from other locations, You are doing so on Your own initiative and are responsible for compliance with applicable local laws regarding Your online conduct and acceptable content, if and to the extent local laws apply. The Services may describe Vehicles and services that are available only in Canada (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Services and/or the provision of any content, program, Vehicle, service, or other feature described or available on the Services to any person, entity, geographic area, or jurisdiction, at any time and in Our sole and absolute discretion, and to limit the quantities of any content, program, Vehicle, service, or other feature that We provide. You and We disclaim any application to this Agreement of the Convention on Contracts for the International Sale of Goods.
    31. In operating the Services, We may act as a services provider and offer services as online provider of materials and links to third party websites. As a result, third party materials that We do not own or control may be transmitted, stored, accessed or otherwise made available using the Services. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Services. Company has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Company or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If You believe any material available via the Services infringe a copyright, You should notify us immediately at legal@ridezip.co. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the correspondence to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom You should address infringement notices is legal@ridezip.co. Please provide the following notice:
      1. Identify the copyrighted work or other intellectual property that You claim has been infringed;
      2. Identify the material on the Services that You claim is infringing, with enough detail so that We may locate it on the Services;
      3. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
      4. A statement by You declaring under penalty of perjury that (a) the above information in Your notice is accurate, and (b) that You are the owner of the copyright interest involved or that You are authorized to act on behalf of that owner;
      5. Your address, telephone number, and email address; and
      6. Your physical or electronic signature.
    32. We may give notice to our users of any infringement notice by means of a general notice on any of our Services, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If You receive such an infringement notice, You may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
      1. Your physical or electronic signature;
      2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
      3. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
      4. Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of Ontario.
    33. Updates to Terms : AS OUR SERVICES EVOLVE, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER SERVICES MAY BE MODIFIED. AS SUCH, YOU EXPRESSLY AGREE TO THE FOLLOWING:
      1. We may cease offering the Services under the terms or Additional Terms for which they were previously offered.
      2. Each time You use the Services You are entering into a new agreement with us on the then applicable terms and conditions.
      3. You agree that we may notify You of any updated terms by posting a link to the then current version of this Agreement on the App, the Services, and/or in any other reasonable manner of notice which we elect.
      4. Your use of the Services after such notice constitutes Your going forward agreement to the revised agreement.
      5. You will review the posted user agreement/terms of service and any applicable Additional Terms each time You use the Services.
      6. You agree that the revised Agreement will be effective as to new use and transactions as of the time that We post them, or such later date as may be specified in them or in any other notice to You.
      7. This Agreement (and any applicable Additional Terms) that applied when You previously used the Services will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed.
      8. In the event any notice to You of new, revised or Additional Terms is determined to be insufficient, the prior agreement between You and Us shall continue until sufficient notice to establish a new agreement occurs.
      9. You should frequently check the App, the home page, and the e-mail You associated with Your account for notices, all of which You agree are reasonable manners of providing You notice.
      10. You can reject any new, revised or Additional Terms by discontinuing use of the Services and related services.
    34. Additional Assistance . If You do not understand any of the foregoing Agreement or if You have any questions or comments, We invite You to contact Us at support@ridezip.co. By signing-up for the Services, You agree that: (i) We may give You notices of important matters by prominently posting notice on the home page of the Services or in another reasonable manner We determine in Our sole and absolute discretion; and (ii) We may contact You and send You communications by postal mail and e-mail at the addresses provided in Your account. These communications may include marketing communications about the Services as well as other promotional offers unrelated to the Services and You consent to receive these communications from us even if You previously indicated to us that You no longer wanted to receive communications from us. Your sign-up to the Services will serve as Your express agreement to receive these marketing and similar communications from us. You may prospectively modify certain types of email communications that You receive from us relating to the Services by following the instructions contained within such emails. Such changes will only impact our email communications to the extent described in the modification process. You agree to promptly notify us if You change Your e-mail or mailing address by updating Your account.
    35. Terms Applicable For Apple iOS : If You are accessing or using our Services through a Device manufactured and/or sold by Apple, Inc. (“Apple”, with such a Device herein referenced as an “Apple Device”):
      1. To the extent that You are accessing the App through an Apple Device, You acknowledge that this Agreement entered into between You and Company and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below.
      2. Any license(s) granted to You in this Agreement is subject to the permitted Usage Rules set forth in the Apple App Store Terms and Conditions.
      3. You acknowledge that Company, and not Apple, is responsible for providing the App and Content thereof.
      4. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to You with respect to the App.
      5. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
      6. Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, You acknowledge that, solely as between Apple and Company, Company and not Apple is responsible for addressing any claims You may have relating to the App, or Your possession and/or use thereof, including, but not limited, to: (i) Vehicle liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
      7. Further, You agree that if the App, or Your possession and use of the App, infringes on a third party’s intellectual property rights, You will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
      8. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof.
      9. When using the App, You agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the App.