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Before completing your registration, you must agree to both the Metro Mobility Bicycle Rental User Agreement and the Metro Mobility Privacy Policy. Please review each document.
PLEASE READ THIS RENTAL AGREEMENT CAREFULLY. YOU MUST AGREE TO ALL TERMS AND CONDITIONS IN THIS RENTAL AGREEMENT FOR YOU TO RENT A BICYCLE AND USE THE SERVICES. BY ACCESSING OUR SERVICES AND USING OUR BICYCLES YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT INCLUDING THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AND OTHER PROVISIONS WHICH LIMIT YOUR LEGAL RIGHTS AND REMEDIES.
This Agreement & Terms of Use (collectively, the “Agreement”) is a legally binding agreement between you (“You”, “Your”, or “User”) and Metro Mobility LLC, (“Metro Mobility”, “We”, “Us”, or “Our”). The Metro Mobility Services are operated and provided by Metro Mobility LLC (“Metro Mobility”). This Agreement states the material terms and conditions that govern Your use of Our bicycles, including but not limited to electric bicycles (“E-Bicycles”), (collectively, “Bicycle or Bicycles”) and all Metro Mobility Services. In order to rent a Bicycle, You must agree to the terms of this Agreement including the terms of Arbitration and Liability Waivers, Release, Indemnification, and Voluntary Assumption of Risk.
The Metro Mobility Services include the following: Metro Mobility Bike Share Bicycle parking (“Stations”); Bicycle(s); Metro Mobility mobile application (“Mobile Application”); Metro Mobility website (“Website”) available at metromobility.io (the Mobile Application and the Website, collectively, the “Platform”); all other related equipment, maintenance, personnel, other software and information provided or made available by Us; and any interactive features, and/or other services that We make available under this Agreement (the “Services”).
This Agreement, together with all updates, supplements, additional terms, and all of Our rules and policies collectively constitute this “Agreement” between You and Us.
I. Subscription and Fees
1. Subscription and Rental Fees.
You may subscribe to a one-day rental or a weekly rental or a monthly rental subscription, if offered, (collectively, the “Rental Period”). Each subscription must be created under one name and one phone number. You agree to receive updates and important communications from Metro Mobility via the Mobile Application or phone or other means as provided to Metro Mobility. An initial one-time free rental may be offered from time to time (“Trial Rental”). When You subscribe, You agree to be charged the flat rate fee for the Rental Period in accordance with the pricing described on the Platform. Such pricing may change without notice. Metro Mobility does not guarantee the availability of Bicycles at a specific Station. All Bicycle rentals are on a first come, first serve basis. All Bicycles, regardless of the Rental Period must be returned to the same Station where picked-up and locked to the Station each day by the required return time displayed on the Platform. All pricing is subject to applicable sales taxes and other local government charges, which may be charged and collected by Metro Mobility. Your subscription becomes valid and active upon purchase.
All weekly and monthly rentals will be enrolled in the Auto-Renew feature by default unless You opt out of the Auto-Renew feature by calling 1-800-736-5348. Any subscriber who wishes to be enrolled in Auto-Renew may do so by calling 1-800-736-5348.
When You purchase access to the Services, Metro Mobility may place a security deposit hold on Your credit or debit card of an amount up to the value of the Bicycle You are renting. All rental fees will be charged at the beginning of the Rental Period. The amount of the security deposit could remain on Your credit or debit card account for an amount of time to be determined by Your bank’s policies regarding holds. You may use one credit or debit card for more than one subscription. Metro Mobility may place additional security deposit holds on Your credit or debit card for each subscription. You will be charged all applicable fees for the use of the Bicycles with the rentals purchased with Your credit or debit card. Your subscription becomes valid and active upon purchase.
2. Credit and Debit Card Matters.
You must provide Us with a valid credit or debit card (“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. By submitting that information to Us or Our third party credit card processor (“Processor”), You agree that You authorize Us and/or Our Processor to charge Your Card by sending instructions to the financial institution that issued Your Card to take payments in accordance with the terms of the subscription You have chosen, this Agreement, and the pricing described on the Platform. Charges for all fees, such as recurring rental fees for the Auto-Renew feature, may be initiated and processed by Us or our Processor in off-session payments. You must input valid Card information before You will be registered to use the Services, and You must maintain a valid Card throughout the duration of Rental Period. Participating card networks are shown on the Stations and the Platform. You represent and warrant to Metro Mobility that You are authorized to use Your Card. You authorize Metro Mobility to charge Your Card for all fees incurred by You, subject to applicable sales taxes and other local government charges. If You disagree with any charge on Your Card account, then You must contact Metro Mobility within ten (10) days of Your receipt of Your statement containing the disputed charge. You agree to immediately inform Metro Mobility of all changes relating to Your Card and update Your member profile on the Platform. If the Card connected to Your subscription becomes invalid at any time and You do not replace it on Your profile with a valid credit or debit card, Metro Mobility may suspend Your subscription.
The transmission of data to the Processor and the approval of a Card should take less than ten (10) seconds; however, a Card might not allow for an overcharge/overdraft, which means that Your transaction request could be denied. All denials of a transaction by Your bank, all holds, and all other similar issues are Your sole responsibility. Metro Mobility takes reasonable steps to ensure that all data transmitted by Metro Mobility is done safely and privately; however, despite those steps, We cannot guarantee the complete security of all Card and other data transmitted by Metro Mobility or Processor.
3. Additional Fees.
A. Late Fees. Your Rental Period will be calculated beginning when You unlock a Bicycle. Bicycles, regardless of the Rental Period, must be returned to the same Station where picked-up and locked to the Station each day by the required return time displayed on the Platform. If the Bicycle is not returned and locked to the Station by the required return time displayed on the Platform or is kept overnight, You will be charged a late fee of $200.00.
B. Lost or Damaged Bicycles. Any Rental Period in which a Bicycle is held in excess of a period of 24 consecutive hours is deemed a disappearance of the Bicycle, until the Bicycle is found or returned to a Station. If a Bicycle Rental Period exceeds a period of 24 consecutive hours, then the Bicycle is deemed lost or stolen, Your credit or debit card will be charged a fee of $2,000.00, and a police report may be filed with local authorities. You must return the Bicycle in the same condition in which You rented it. If You return the Bicycle to a Station damaged or in a state of disrepair then You will be charged a fee that is equal to the cost of repair. Such fees may be charged as soon as 24 hours after the Bicycle is not returned or is returned in a damaged state. Metro Mobility will attempt to contact You via communication channels You provided when subscribing to the Services before charging Your credit or debit card. Metro Mobility will waive any charges for unreturned or damaged Bicycles if You are not at fault for such missing or damaged Bicycle. For any disappearance of a Bicycle that was released on Your Account, You must report the disappearance to the local police department and to Metro Mobility within 24 hours following the disappearance.
C. Pick-up Fees. If You do not return the Bicycle to the Station, or You deactivate a Bicycle on private property, a locked community, and/or any other unreachable area, and/or request that the Bicycle be picked up by Metro Mobility, then We, in Our sole and absolute discretion, may charge You a pick-up fee of $120.00 as well as any fees incurred to access the Bicycle. If any Bicycle accessed under Your account is abandoned without notice, You will be responsible for all fees until the Bicycle is recovered and deactivated, plus a service charge of $120.00, to recover the Bicycle. Fees are subject to change in Metro Mobility’s sole and absolute discretion, and without notice to You.
If You have a disagreement regarding a charge, then You must, within ten (10) business days from the end of the prior month with the disputed charge, provide to Metro Mobility all information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times. Your trip receipt, if any, indicating the date and time Your Bicycle was returned would be additional proof that the Bicycle had been properly returned. If You notice any charges that are not Your own, You must notify Metro Mobility immediately.
II. Terms of Use of Bicycles and Services
1. Your Representations for Use and Operation of Bicycles and Services.
You represent, warrant and agree to all terms and conditions in this Agreement including the following:
2. Prohibited Acts.
You represent, warrant and agree to all terms and conditions in this Agreement and that You will not:
YOU UNDERSTAND AND ASSUME THE RISKS OF YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN THIS SECTION. SUCH RISKS ARE SIGNIFICANT AND INCLUDE INJURY OR DEATH TO YOU AND OTHERS, DAMAGE TO OR DESTRUCTION OF YOUR AND OTHERS’ PROPERTY, AND THE POTENTIAL THAT YOU WILL BE CITED OR ARRESTED FOR VIOLATION OF APPLICABLE LAWS.
III. Directions and Additional Terms of Use.
1. Bicycle Inspection and Safe Operation.
A. Bicycle Inspection. Before each use of a Bicycle, You must conduct a safety inspection of the Bicycle, which You acknowledge You are competent to do, and which includes inspecting for all of the following: (i) proper tire pressure; (ii) trueness of the wheels; (iii) safe operation of all brakes and lights; (iv) proper attachment of the seat, pedals, and basket; (v) confirmation that the battery is locked securely in place in the frame of the Bicycle; (vi) sufficient battery charge power; (vii) good condition of the frame; and (viii) no sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. You may not ride the Bicycle if You notice any mechanical or other problem or safety issue; and, in such case, You must promptly notify Metro Mobility of all problems and issues and use a different Bicycle. You must not attempt to repair any Bicycle.
B. E-Bicycle Riding. Riding an E-Bicycle is very different from riding a regular Bicycle. There is a power-assisted acceleration that is beyond that of the power from normal pedaling. Metro Mobility strongly recommends that You practice riding the E-Bicycle in a protected area with no or minimal vehicular traffic prior to riding the E-Bicycle in a road or other locations with vehicular traffic.
C. Helmets and Protective Gear. Metro Mobility strongly recommends that all Users of the Services wear a Snell, CPSC, ANSI, or ASTM approved helmet that has been properly sized, fitted, and fastened, according to the manufacturer’s instructions; if You choose not to wear such helmet, You do so at Your own risk. 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 Bicycle. Wearing a Snell, CPSC, ANSI, or ASTM approved helmet, properly sized, fitted, and fastened, while cycling may protect against an injury or may lessen the severity of an injury caused by an impact to the head; however, bicycle helmets are not 100% effective, do not protect against all head injuries, and do not protect against other injuries. METRO MOBILITY, AND THE OTHER RELEASED PERSONS AS DEFINED IN THIS AGREEMENT DO NOT REPRESENT OR WARRANT THE QUALITY OR SAFETY CHARACTERISTICS OF ANY HELMET, AND YOU AGREE THAT METRO MOBILITY AND THE OTHER RELEASED PERSONS AS DEFINED IN THIS AGREEMENT ARE NOT LIABLE FOR ANY INJURY SUFFERED BY YOU WHILE USING ANY OF THE SERVICES, WHETHER OR NOT YOU ARE WEARING A HELMET AT THE TIME OF INJURY. YOU ASSUME ALL RISK OF NOT WEARING A HELMET OR OTHER PROTECTIVE CLOTHING AND GEAR.
D. Routes and Weather Conditions. You agree that Metro Mobility does not provide or maintain places to ride the Bicycles and, that Metro Mobility does not guarantee that there will always be a safe place to ride any particular Bicycle. You agree that the Mobile Application via the Global Positioning System (“GPS”) provides potential routes to ride the Bicycle but does not represent or warrant the quality, safety or availability of such routes. Roads, bicycle lanes, and routes may become dangerous due to weather, traffic, and/or other hazards outside of Metro Mobility’s control. Metro Mobility 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 Metro Mobility’s Services and/or Bicycles.
E. Not Common Carriers. You represent, warrant, and agree that Metro Mobility and the other Released Persons, as defined in this Agreement, are not common carriers. Alternative means of public and private transportation are available to the general public and to You, including public buses and rail services, taxis, and pedestrian paths. Metro Mobility provides Bicycles only as a convenience and recreational activity, not as a public service, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Bicycle on their own and who have agreed to all terms and conditions of this Agreement.
You agree that, when using any of the Services or Bicycles, You might need to take additional safety measures and precautions that are not specifically addressed in this Agreement.
F. User Reporting. You must report to the police and to Metro Mobility Customer Services at 1-800-736-5348 as soon as possible, but in no event later than 24 hours, after the occurrence of (i) any crash, damage, loss, or personal injury while using a Bicycle, (ii) any vandalism of any of the Services, (iii) any stolen or lost Bicycle, and (iv) any stolen or lost subscription credentials.
You are fully and completely responsible for all charges, damages, and injuries that arise from or relate to any use of Your subscription before (i) a deactivation of the subscription by Metro Mobility upon expiration, or (ii) a report to the Metro Mobility Customer Services at 1-800-736-5348 that Your subscription credentials or Card are lost or stolen.
2. Returning or Parking the Bicycle.
The Bicycle, regardless of the Rental Period, must be returned to the same Station where picked-up and locked to the Station each day by the required return time displayed on the Platform or fees may be incurred per Section I.3 of this Agreement. You must park the Bicycle by engaging the on-board lock while the Bicycle is within any boundaries identified on the map in the Mobile Application, and in an area accessible by the public at all hours, where Bicycle parking is permitted in accordance with applicable laws and regulations, in an upright position and out of the way of pedestrian, handicap access ramps and vehicle traffic. You may not park a Bicycle in any place that is inaccessible to the public, such as Your home or office, or in any place that is unsafe. You will be solely responsible for any damage to a Bicycle that is damaged or confiscated as a result of improper or illegal parking of a Bicycle. In the event You park or abandon the Bicycle in an inaccessible, illegal or unauthorized location, You will be subject to fees in accordance with Section I.3 of this Agreement.
IV. Releases; Disclaimers; Limitation of Liability; Assumption of Risk.
1. Releases.
“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 (i) any of the Services, including any of the Bicycles, equipment or related information, and/or (ii) Your use of any of the foregoing.
“Released Persons” means, collectively (i) Metro Mobility and all of its owners, managers, affiliates, employees, agents, representatives, successors, assigns, licensors, licensees, distributors, vendors or third parties with whom Metro Mobility authorizes or otherwise partners with to distribute, market or otherwise commercialize the Services and Bicycles, (ii) municipalities and public entities, if any, (including all of their respective elected and appointed officers, officials, employees and agents) which authorize Metro Mobility to operate any of its Services, (iii) every sponsor of any of the Services and all of their affiliates, dealers, and any of their respective owners, officers, directors, employees, agents, representatives, successors, and assigns, (iv) every holder of property on which is located a Station and all of the property holder’s owners, officers, directors, affiliates, employees, agents, representatives, successors, assigns and business and retail partners or lessees, and (v) to the extent You access the Services using a third party application, website, content, products, or services, that third party and all of its owners, managers, affiliates, subsidiaries, employees, directors, agents, representatives, successors, and assigns.
In exchange for being allowed to use any of the Services, and other equipment or related information provided by Metro Mobility, 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 (“Release(s)”). 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 Claims, 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.
2. Disclaimers.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, BICYCLES, OR RELATED EQUIPMENT, METRO MOBILITY, AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ALL OF THE SERVICES, BICYCLES, AND RELATED EQUIPMENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK).
Metro Mobility makes every effort to provide the Services consistently; however, Metro Mobility does not guarantee that the Services or Bicycles will be available at all times, as force majeure events or other circumstances might prevent Metro Mobility from providing the Services from time to time. Access to the Services also is conditioned on the availability of Bicycles at each Station and Bicycles are rented on a first come, first served basis. Metro Mobility does not guarantee, represent or warrant the availability of any Services or the availability of any Bicycles at any Station. No sponsor of Metro Mobility has any responsibility for providing any Services. You may use the Platform to check the inventory of Bicycles available at a Station. You agree that Metro Mobility may require You to return a Bicycle at any time.
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 the following:
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.
METRO MOBILITY AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, BICYCLES, 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, BICYCLES, 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, Metro Mobility expressly disclaims any and all warranties to the fullest extent permitted by applicable law.
3. Limited Liability of Metro Mobility.
A. Limited Liability.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, METRO MOBILITY AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (i) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (ii) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, BICYCLES, AND/OR RELATED EQUIPMENT, (iii) YOUR BREACH OF THIS AGREEMENT AND/OR YOUR VIOLATION OF ANY LAW, RULE, REGULATION, AND/OR ORDINANCE, INCLUDING RIDING ON SIDEWALKS AND/OR PARKING, (iv) ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION AND/OR INACTION BY YOU, (v) 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 BICYCLE, AND/OR (vi) ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION OR INACTION OF ANY THIRD PARTY.
B. Waiver of Claims
You hereby waive any and all Claims, including those based in contract, tort (including negligence), statutory, and/or other grounds, even if Metro Mobility or any of the other Released Persons has been advised of the possibility of such Claims. No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The terms of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term being waived or amended.
C. Maximum Liability to Metro Mobility
The total liability of Metro Mobility 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 $100.00.
4. Assumption of Risk by You
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, BICYCLES, AND/OR RELATED EQUIPMENT, IS AT YOUR SOLE AND INDIVIDUAL RISK, AND THAT METRO MOBILITY AND THE RELEASED PERSONS ARE 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, BICYCLES, AND/OR RELATED EQUIPMENT, AND THAT YOU ASSUME SUCH RISK.
You are solely and fully responsible for the safe operation of the Bicycles at all times.
You agree that the Bicycles are machines that may malfunction, even if the Bicycles are properly maintained, and that such malfunction may cause injury.
You agree that riding the Bicycles 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.
You agree that such risks, dangers, and hazards are Your sole responsibility, including, but not limited to, choosing whether to wear a helmet or other protective gear.
You agree that if Your use of any of the Services, Bicycles, and/or related equipment causes any injury or damage to another person or property, then You will 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.
V. INDEMNIFICATION.
1. Indemnification.
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, Bicycles, 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 Bicycles) 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.
VI. Miscellaneous.
1. Term and Termination.
The term of this Agreement begins when You first access the Services, and ends ten (10) years after Your last use of the Services; provided, however, that Your personal financial responsibility under Section I.2 of this Agreement, titled Credit and Debit Card Matters, expires one year after the later of (i) Your last use of the Services, or (ii) the expiration of Your subscription. At any time and from time to time, and without Your consent, Metro Mobility may unilaterally terminate Your right to use any of the Services, in Metro Mobility’s sole 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 Metro Mobility, (ii) the term of this Agreement continues in accordance with this Section, and (iii) You may still be charged any applicable additional fees arising under this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Your right to use any of the Services, regardless of how the Agreement is terminated.
If You’ve opted out of the auto-renewal feature, then You may be required to (i) take certain actions to reactivate Your old account, or (ii) create an entirely new account for a new subscription. The subscription, and the personal identification number related thereto, are non-transferable and may be terminated if You breach this Agreement, as decided by Metro Mobility in its sole discretion.
2. Notices.
You may contact Metro Mobility by writing, calling or emailing Metro Mobility at the address listed below:
Metro Mobility LLC
PO Box 398032
Cambridge, Massachusetts 02139
Customer Service: 800-736-5348
info@metromobility.io
3. Mandatory Arbitration; Class Action Waiver.
A. Understanding and Agreement to Mandatory Arbitration and Class Action Waiver. This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the Commonwealth of Massachusetts, excluding principles of conflicts of laws. The Federal Arbitration Act and federal arbitration law apply to this Agreement. This Agreement is subject to binding arbitration and a waiver of class action rights as detailed 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. By agreeing to waive class action rights, each party agrees that each may bring Claims against the other only in Your or Our individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding or as an association.
By agreeing to this Agreement, You agree that any dispute or Claims relating in any way to Your use of the Services will be resolved by binding arbitration, rather than in court, except that You may assert Claims in small claims court if Your Claims qualify. You may also agree to utilize Metro Mobility’s dispute resolution process described below in lieu of, or prior to, an arbitration proceeding. You agree that You or We may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
B. Dispute Resolution. You and Metro Mobility may initiate the dispute resolution process to resolve any Claims, allegation or dispute arising under, or relating to the Services, this Agreement and Metro Mobility’s property and intellectual property rights (the “Dispute or Disputes”). This dispute resolution process is intended to be a simpler, more efficient resolution in lieu of an arbitration proceeding but, if no resolution that is satisfactory to both You and Metro Mobility may be reached within the period allotted, the Dispute may then proceed to an arbitration proceeding.
To begin the dispute resolution process, You must send written notice to Metro Mobility Corporation at 1035 Cambridge Street, Suite 29, Cambridge, MA 02141, and Metro Mobility will send written notice to You based on the most recent contact information You provided to Us but, if no such information exists or is not current, then We have no obligation under this Section.
You and Metro Mobility agree for a period of sixty (60) days from the date of receipt of notice from the initiating party to make a good faith effort to engage in a dialogue to resolve the Dispute. The resolution of the Dispute may be documented and formalized in a writing agreed to by both You and Metro Mobility.
C. Arbitration Initiation and Terms. To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to Metro Mobility Corporation at 1035 Cambridge Street, Suite 29, Cambridge, MA 02141 and Metro Mobility will send a letter to You based on the most recent contact information You provided to Us but, if no such information exists or is not current, then We retain the right to conduct a search. Any fees incurred in conducting such search are Your responsibility to pay as that information is required to be available to Us under the terms of this Agreement. All arbitration proceedings must be initiated within one (1) year after the Dispute arises or it will be forever barred.
The arbitration will be conducted by Judicial Arbitration and Mediation Services Inc (“JAMS”) in accordance with the JAMS Streamlined Arbitration Procedure Rules in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules. The arbitration shall take place in Cambridge, Massachusetts or at such other venue (and pursuant to such procedures) as is mutually agreed upon.
You and Metro Mobility will pay the costs of the Arbitration and arbitrator’s fees in accordance with the applicable arbitration rules or laws.
This Arbitration and Class Action Waiver section shall survive any termination of Your subscription or the Platform.
In the event that the arbitration provisions above are found not to apply to a particular Claim or Dispute as a result of a decision by the arbitrator or a court order, You agree that the venue for any such Claim or Dispute is exclusively that of a state or federal court located in Middlesex County, Massachusetts. You and Metro Mobility agree to submit to the personal jurisdiction of the courts located within Middlesex County, Massachusetts for the purpose of litigating all such Claims or Disputes.
Further, if Metro Mobility prevails in litigation against You to enforce its rights under this Agreement, Metro Mobility shall be entitled to its costs, expenses, and reasonable attorneys’ fees (whether incurred at or in preparation for trial, appeal, or otherwise) incurred in resolving or settling the Dispute, in addition to all other damages or awards to which Metro Mobility may be entitled.
4. Privacy Policy.
Metro Mobility collects and uses information pursuant to the Metro Mobility Privacy Policy (https://metromobility.io/privacy-note/) and, as described further in the Privacy Policy, Metro Mobility shares data to enable the integration between the Services and Platform, and to enable Metro Mobility to provide and improve its Services. By using Metro Mobility, You agree to be bound by the Metro Mobility Privacy Policy and all future amendments, modifications, and changes thereto.
5. Cumulative Remedies.
All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right, remedy or defense provided by law.
6. Final Agreement; Modification by Metro Mobility.
This Agreement and the included terms of Arbitration, Liability Waivers, Release, Indemnification, and Voluntary Assumption of Risk contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement and the included terms of Arbitration, Liability Waivers, Release, Indemnification, and Voluntary Assumption of Risk supersede all other prior agreements, written or oral, relating to such subject matter, including the Metro Mobility Bicycle Rental Agreement, Liability Waivers, Release, Indemnification and Voluntary Assumption of Risk. At any time and from time to time, and without Your consent, Metro Mobility may unilaterally amend, modify, or change this Agreement, in its sole discretion and without any notice or cause, and by continuing to use any Services after any amendment, modification, or change, You have agreed to be bound by all such amendments, modifications, and changes. You must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, Metro Mobility will post a notification on the Platform. Notwithstanding any provision in this Agreement that may be to the contrary, the pricing set forth on the Platform supersedes all pricing set forth in this Agreement.
7. Severability.
If a court deems any provision of this Agreement, including but not limited to the binding arbitration and class action waiver provisions, illegal or otherwise unenforceable for any reason, You agree that such provision shall be severed from the Agreement and shall be inoperative, and the remainder of the Agreement shall remain operative and shall be binding on the parties.
Your Agreement to this Agreement
I hereby represent that I am the person renting a Bicycle, I am 18 years of age or older, and I have read and agreed to all of the terms and conditions set forth in this Agreement.