1. RENTAL AND USE OF VEHICLE

1.0 Vehicle Rental. We expressly agree to let, and the Rider expressly agrees to take on, rental of the Vehicle subject to the terms and conditions set out in this Agreement, including provisions concerning arbitration of disputes and class action restrictions.

1.1 Rider is Sole User. We and the Rider are the only parties to this Agreement. You are the sole renter and are solely responsible for compliance with this Agreement. Except when You participate in the Guest Rider Program, described below in Section 1.4, You understand that when You activate a Vehicle, You are the only person authorized to use it. You must not allow others to use a Vehicle that You have activated.

1.2 Rider is at Least 18 Years Old. Rider represents and certifies that he/she is at least 18 years old and legally able to enter into this Agreement. We do not authorize or agree to the use of the Vehicle by persons under the age of 18, even if the Services are subscribed for by and under the responsibility of the minor’s parent or legal guardian. If a parent or legal guarding nevertheless enables use of the Services by a minor in violation of this Agreement, the parent or legal guardian is fully responsible and liable for all injuries, damages, and costs and expenses arising from or related to the minor’s use of the Services. Operation or use of Shared Vehicle product by any minors not at least 18 years old is expressly prohibited under this Agreement, as use of electric vehicle products by younger riders on public streets or around traffic has long been recommended against by us, and we advise and recommend that any Rider check local laws applicable to vehicle use and avoid use in reduced visibility conditions.

1.3 Rider is a Competent Operator and Physically and Mentally Fit to Ride Motorized Vehicles and Assumes All Risks.Rider represents and certifies that he/she is familiar with the operation of the Vehicle and is competent and physically fit to ride the Vehicle. Persons with any mental of physical conditions that may make them susceptible to injury, impair their physical dexterity or mental capabilities to recognize, understand, and follow safety instructions and to understand the hazards inherent in the use of the Services should not use or be permitted to use the Services that are inappropriate for their abilities. We recommend that persons with heart conditions, head, back or neck ailments (or prior surgeries to these areas of the body), or pregnant women not operate our Vehicles.

By choosing to ride a Vehicle, Rider assumes all responsibilities and risks for any injuries or medical conditions. You are responsible for determining whether conditions, including but not limited to darkness or impaired visibility, fog, rain, snow, hail, ice, or electrical storms, make it dangerous to operate a Vehicle. You are advised to adjust Your riding behavior and braking distance to suit the weather and traffic conditions and are also advised to recognize that riding in low visibility conditions decreases Your ability to see and be seen, enhancing risks of injury associated with the use of riding products, especially on public streets and around vehicles or pedestrians. The Vehicle light and reflectors may reduce such risks, and Riders also are encouraged to seek to enhance their visibility/conspicuity through use of higher visibility garments, lights, or other reflective materials when using Vehicles in reduced visibility circumstances.

1.4 Guest Rider Program. In limited market areas, we offer a Guest Rider Program which will allow You to activate more than one Vehicle. If You activate Vehicles for a Guest Rider(s), You agree that we may charge, and You will pay, all Trip Fees and other charges incurred by You and the Guest Rider(s). The Guest Rider(s) must be over the age of 18 and accept our Terms & Conditions. Guest Rider(s) agrees to be fully responsible for any violation of this Agreement and their use of the Vehicle(s). Under no circumstances may two or more persons ride on the same Vehicle.

1.5 The Vehicle is our Exclusive Property.Rider agrees that the Vehicle and any equipment attached thereto are our exclusive property. You must not dismantle, write on, or otherwise modify, repair, or deface a Vehicle, any decal on a Vehicle, or other related equipment. You must not use a Vehicle or other related equipment for any advertising or commercial purpose.

1.6 Operating Hours and Availability. Rider agrees and acknowledges that the Vehicles are available during specific operating hours established for each market in which our Service operates. Such operating hours will be communicated clearly in the App within each market. The Vehicles are subject to the maximum rental time limits set forth below.

1.7 Use and/or Operation limited to Metropolitan Areas. Rider agrees to only use, operate, and/or ride the Vehicle in designated metropolitan areas. Vehicles may be equipped with “geo-fencing” capabilities which restrict usage to limited geographic areas and may cease to operate if ridden or removed from the Vehicle’s electronically restricted range.

1.8 Rider Must Follow All Laws. Rider agrees to follow all federal, state, and local laws, rules, and regulations pertaining to the use, riding, and/or operation of motorized vehicles, including without limitation any helmet laws.

1.9 Prohibited Acts; Proper Termination of a Ride; Parking. Both hands are required to safely operate a Vehicle. The following acts are prohibited while riding a Vehicle:

• Carrying a briefcase, backpack, bag, or other item if it impedes Your ability to operate safely the Vehicle;
• Use of a cellular telephone, text messaging device, portable music player, or other device that may distract You from safely operating the Vehicle;
• Operating a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to safely operate the Vehicle;
• Riding with a second person on a Vehicle;
• Doing anything to the Vehicle that impedes a subsequent authorized rider from using it.

To properly terminate a ride, You must terminate the ride on the App and the Vehicle must be parked at a lawful parking spot. It cannot be parked on private property, in a locked area, or in any other non-public space. It must be visible to our staff for collection, recharging, etc.

1.10 Use the Vehicle Only on Clean, Dry Surfaces. The Vehicle is intended for use on flat, dry surfaces such as pavement or level ground, without loose debris such as sand, leaves, rocks, or gravel. Wet, slick, bumpy, uneven, or rough surfaces may impair traction and contribute to possible accidents. Watch out for potential obstacles that could catch Your wheel or force You to swerve suddenly or lose control. Avoid sharp bumps, drainage grates, or sudden surface changes.

1.11 Weight Limit. You must not exceed the maximum weight limit for the Vehicle of 250 pounds.

1.12 No Tampering. You must not tamper with, disassemble, or attempt to gain unauthorized access to the Vehicle. You must not use the App or other related equipment other than for purposes of using a Vehicle pursuant to this Agreement.

1.13 Reporting Damage, Crashes, or Loss.Rider must report any accident, crash, damage, personal injury, stolen, or lost Vehicle to us as soon as possible. If a crash involves personal injury, property damage, or theft of a Vehicle, Rider shall file a report with the local police department within 24 hours. We may file a police report if Rider fails to do so. Rider agrees that he/she may be held responsible and liable for any costs and expenses, including attorneys’ fees, arising from such damage, crash, loss, or theft of a Vehicle.

1.14 Rider Responsibility for Use and Damage. Rider agrees to return the Vehicle to us in the same condition in which it was rented. Rider will not be responsible for normal wear and tear and is responsible for all other damage.

1.15 Availability of Vehicles; Effect of Battery Charge. We make every reasonable effort to provide the Services 365 days per year but does not guarantee that the Services will always be available. The number of Vehicles in each market is limited and availability is never guaranteed. The Vehicles are electric vehicles that require periodic battery charging to operate and may be unavailable while they are being charged.

Rider understands and agrees with each of the following:

• • The level of battery charge remaining will decrease with Your use of the Vehicle over both time and distance, and that as the level of battery charge decreases, the speed and other operational capabilities may decrease or cease in their entirety.

The level of battery charge at the time Rider initiates the rental or operation is not guaranteed and will vary with each rental use.

• The rate of loss of battery charge during use is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions, and other factors.
• It is Rider’s responsibility to check the level of battery charge in the App and to ensure it is adequate for the ride before initiating operation.
• We do not guarantee the distance and/or time that Rider may operate a Vehicle before it loses its battery charge completely. A Vehicle may run out of battery charge and cease to operate at any time during Rider’s rental, including before reaching Rider’s desired destination.

2. PAYMENT AND FEES

2.1 Fees. Rider will be charged on a pay-per-ride basis using the pricing described in the App for his/her rental of the Vehicle. In each case, fees and other charges may be subject to additional applicable taxes and other local government charges, which may be charged and collected by us (collectively, all fees, taxes, and other fees and charges set out in this Agreement are the “Trip Fees”). We will charge the Trip Fees to Rider’s credit card, debit card, or other agreed payment methods. The data generated by our App is conclusive evidence of the period of use of a Vehicle by a Rider.

2.2 Parking and Traffic Fines. We may at our sole discretion assess fees or fines for Your violation of these Terms. For example, You may incur fees or fines if You leave a Vehicle outside the service area, use a Vehicle in a prohibited area, leave a Vehicle unlocked, or cause damage or loss to a Vehicle. In some locations, we are required by the municipality to impose fines for improper use of our Vehicles, including without limitation improper parking, reckless riding behavior, or other traffic violations. Any fees or fines will be charged and collected by us using the billing information we or our payment processor have on file for You.

2.3 Promo Codes. Promo codes (discounts) are one-time offers and can only be redeemed via the App. We reserve the right to modify or cancel discounts at any time. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.

2.4 Maximum Rental Time and Charges.Maximum rental time is 24 hours. Rider agrees to terminate the Vehicle rental within 24 hours of the beginning of the rental. Rider may then rent again. Rider agrees that he/she is solely responsible for being aware of any elapsed time related to the timely online closure of a Vehicle ride/rental. The maximum day charge is $200 for each 24-hour period. After proper termination of Your ride, You will be charged the accumulated rental charges or the maximum day charge, whichever is less. Vehicles not returned (proper termination of a ride within the designated market area) within 48 hours will be considered lost or stolen, and Rider may be charged a service fee of up to $600 for each such Vehicle, and a police report may be filed. We may also charge a service fee of $25 per day for rentals longer than 24 hours where the Vehicle is not lost or stolen.

2.5 Valid Credit Card or Debit Card. Rider must input a valid credit or debit card number and expiration date before Rider will be registered to use the Services. Rider represents and warrants to us that Rider is authorized to use any cards Rider furnishes to us. Rider authorizes us to charge the card for all fees incurred by Rider. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by us. If Rider disputes any charge on credit or debit card account, then Rider must contact us within 10 business days from the end of the month with the disputed charge and provide us 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.

2.6 Preauthorized Funds. To avoid or reduce instances of invalid, unauthorized, or underfunded credit or debit card use, we may, in our discretion, elect to place a $10 preauthorization “hold” on Rider’s credit card or debit card prior to each ride. We will cancel such holds at the end of each ride and will charge the Rider an amount equal to the cost of the ride itself. However, the Rider’s use of the remaining preauthorized funds may be restricted until released by the Rider’s bank.

2.7 Pick Up Fees. If You are unable to return a Vehicle to a valid area (for example, You terminate a ride on private property, a locked community, or another unreachable area), and request that the Vehicle be picked up by our staff, we, at our sole discretion, may choose to charge You a pick-up fee up to $120. If any Vehicle accessed under Your account is abandoned without notice, or You move to a location outside of the valid operating area, You will be responsible for all Trip Fees until the Vehicle is recovered and the ride terminated, plus a service charge (currently $120.00) to recover the Vehicle. Fees and service charges are subject to change.

3. WAIVER AND RELEASE; DISCLAIMERS; LIMITATION ON LIABILTY; ASSUMPTION OF RISK

3.1 Waiver and Release. “Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including contract, active or passive negligence, tort, or statutory causes of action), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses, 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 Vehicle Rentals, equipment, or related information, (b) Rider’s use of any of the foregoing, or (c) the condition of city streets, sidewalks, rights-of-way or other associated property. “Released Persons” means, collectively we and our owners, managers, affiliates, employees, agents, representatives, successors, and assigns.

IN EXCHANGE FOR RIDER BEING ALLOWED TO USE ANY OF THE SERVICES, VEHICLES, AND OTHER EQUIPMENT OR RELATED INFORMATION PROVIDED BY US, RIDER (ACTING FOR RIDER AND FOR ALL OF RIDER’S FAMILY, HEIRS, AGENTS, AFFILIATES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS) HEREBY FULLY AND FOREVER WAIVES ALL CLAIMS AGAINST RELEASED PERSONS, AND RELEASES AND DISCHARGES ALL RELEASED PERSONS FOR ALL CLAIMS THAT RIDER HAS OR MAY HAVE IN THE FUTURE AGAINST ANY RELEASED PERSON, EXCEPT FOR CLAIMS CAUSED BY THE RELEASED PERSON’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. SUCH WAIVERS AND RELEASES ARE INTENDED TO BE GENERAL AND COMPLETE WAIVERS AND 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. RIDER EXPRESSLY AGREES TO INDEMNIFY, RELEASE, AND HOLD HARMLESS RELEASED PERSONS FROM ALL LIABILITY FOR ANY PROPERTY LOSS OR DAMAGE, PERSONAL INJURY, OR LOSS OF LIFE, WHETHER CAUSED BY THE SOLE OR PARTIAL NEGLIGENCE OF US AND/OR THE NEGLIGENCE OF OTHERS, WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, ACTIVE OR PASSIVE NEGLIGENCE OR ANY OTHER LEGAL THEORY, IN CONSIDERATION FOR USING AND/OR OPERATING THE VEHICLE.

CALIFORNIA RESIDENTS: RIDER UNDERSTANDS THAT THIS AGREEMENT PROVIDES A RELEASE OF ALL KNOWN AND UNKNOW CLAIMS. IN GIVING THE RELEASE HEREIN, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

RIDER EXPRESSLY WAIVES AND RELINQUISHES ALL RIGHTS AND BENEFITS UNDER THAT SECTION 1542 AND ANY LAW OF ANY OTHER JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY UNKNOWN OR UNSUSPECTED CLAIMS HEREIN.

3.2 Warranty Disclaimers. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE VEHICLES OR RELATED EQUIPMENT, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

ALL OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE VEHICLES OR RELATED EQUIPMENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK).

WE DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE 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.

3.3 Limited Liability. RIDER HEREBY ACKNOWLEDGES AND AGREES THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, WE 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) RIDER’S USE OF, OR INABILITY TO USE, ANY OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO RENTAL VEHICLES OR RELATED EQUIPMENT, OR RELATED INFORMATION, (C) RIDER’S BREACH OF THIS AGREEMENT OR RIDER’S VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY RIDER, (E) RIDER’S FAILURE TO WEAR A VEHICLE HELMET WHILE USING A RENTAL VEHICLE, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY.

RIDER HEREBY WAIVES ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING ACTIVE AND PASSIVE NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF WE OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.

SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF WARRANTIES AND, IF ANY OF THOSE LAWS APPLY TO RIDER, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO RIDER, AND RIDER MIGHT HAVE ADDITIONAL RIGHTS.

3.4 Assumption of Risk by Rider. Rider is solely and fully responsible for the safe operation of the Vehicle at all times. Rider agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained, and that such malfunction may cause injury. Rider agrees that riding a Vehicle involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to Rider or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Rider agrees that such risks, dangers, and hazards are Rider’s sole responsibility, including, but not limited to, choosing whether to wear a helmet as required by law or utilize other protective gear. Rider agrees that if Rider’s use of a Vehicle causes any injury or damage to another person or property, then Rider may be liable for all resulting injuries, damages, and related costs. By choosing to ride a Vehicle, Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and Rider agrees that we and our owners, managers, affiliates, employees, agents, representatives, successors, and assigns (collectively, “us”) are not responsible for any injury, damage, or cost caused by Rider with respect to any person or property, including the Vehicle itself.

3.5 Indemnification. You will indemnify and hold us harmless from all losses, suits, claims or other proceedings arising out of or relating to Your use of a Vehicle and any breach of the terms of this Agreement; provided, however, that we must notify You as soon as practicable after the date notice of such loss, suit, claim or other proceeding is served on us directly (as opposed to service on a statutory agent for Service of process) or otherwise brought to our attention.

4. ADDITIONAL TERMS OF USE

4.1 Safety Check. Before each use of a Vehicle, Rider 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) good condition of the frame; and (iv) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. Rider agrees not to ride the Vehicle if there are any noticeable issues, and to immediately notify customer service to alert us of any problems.

4.2 Helmets; Safety. We recommend that all Riders wear an approved helmet that has been properly sized, fitted, and fastened according to the manufacturer’s instructions. If wearing a helmet is required by the laws, regulations, or ordinances applicable to the area in which the Vehicle is operated, Rider agrees to comply with such laws and regulations at all times. Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.

4.3 No Endorsed Vehicle Routes. Rider agrees that we do not provide or maintain places to ride Vehicles, and that we do not guarantee that there will always be a safe place to ride a Vehicle. Roads, bike lanes, and normally satisfactory routes may become dangerous due to weather, traffic, or other hazards.

4.4 No Common Carrier. Rider agrees that we are not a common carrier. Alternative means of public and private transportation are available to the general public and to Rider individually, including public buses and rail services, taxis, and pedestrian paths. We provide 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 a Vehicle on their own and who have agreed to this Agreement.

4.5 SMS Messaging. Rider agrees to opt-in to SMS Text Messages.  These messages provide notifications of vehicle operation.  Message/data rates apply.  Consent is not a condition of purchase.

5. TERMINATION OF USE OF THE SERVICES

We reserve the right to terminate Your use of the Vehicles or Services in our sole discretion and without notice or cause. This Agreement remains in full force and effect after any termination of Rider’s right to use any of the Services. You may terminate Your use of the Vehicle at any time; provided, however, that (i) no refund will be provided by us, (ii) the Agreement continues in full force and effect, and (iii) You may still be charged any applicable Trip Fees in accordance with this Agreement.

6. CONFIDENTIALITY OF INFORMATION; PRIVACY POLICIES

All personally identifiable information that is held by us and/or our service providers and business partners, including all names, addresses, phone numbers, email addresses, credit and debit card numbers, pass numbers, and card numbers will be kept by us in accordance with our Privacy Policy; provided, however, that (i) if there is any accident where a Rider is unable to communicate personal information to the appropriate authorities, then we may, in our sole discretion, provide the Rider’s name, address, phone number, and other important information to such authorities, (ii) if we receive a subpoena from any court or other authority, then we will provide all requested information in accordance with applicable law, and (iii) we may disclose aggregate and other data about Riders in accordance with applicable law. In addition, we may disclose individual data to a third party upon Rider’s express permission and consent (e.g., enrollment in a study).

7. CONTACTING US

You may contact us by the methods shown in the mobile App.

8. CHOICE OF LAW

These Terms shall be governed by and construed in accordance with the laws of the United States state, district, or territory in which You reside at the time the dispute arises, except that the arbitration specified in Section 9 shall be governed by the Federal Arbitration Act.

9. RESOLUTION OF DISPUTES AND ARBITRATION

If You have a concern or complaint, please contact us. In the unlikely event that You are not satisfied with customer service’s solution (or we have not been able to resolve a dispute we have with You), this Section describes the process You and we will follow to resolve that dispute. If the dispute cannot be resolved informally, You and we agree to resolve disputes through binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Any arbitration will take place on an individual basis; class or representative arbitrations are not permitted. Under certain circumstances (as explained below), we will pay You more than the amount of the arbitrator’s award if the arbitrator awards You an amount that is greater than what we have offered You to settle the dispute.

References in this Section 9 to “we,” “You,” and “us” include our respective predecessors in interest, successors, and assigns, as well as our respective past, present, and future subsidiaries, affiliates, agents, employees, officers, and all authorized or unauthorized users or beneficiaries of our Products or Services.

9.1 Informal Resolution of Disputes: In the event of any dispute or claim between You and us (except for the Excluded Disputes defined below in Section 9.3), the party who intends to pursue a claim must first send to the other, by U.S. mail or professional courier service, a written Notice of Dispute (“Notice”). The Notice to us should be addressed to our Notice Address. A Notice to You will be sent to the address on file with Your account or, if no mailing address is available, to any email address we have on file for You. The Notice must include, at minimum: (1) the party’s name, mailing address, telephone number at which the party can be reached, and email address (if any); (2) Your account number, if available; (3) a description of the nature and basis of the claim or dispute; (4) an explanation of the specific relief sought; (5) the party’s signature; and (6) if You have retained an attorney, Your signed statement authorizing us to disclose Your confidential account records to Your attorney if necessary in resolving Your claim. A Notice is not complete until all the information required by (1)-(6) has been received by the other party (“Notice Completion Date”).

After the Notice Completion Date, either party may request a conference within 60 days to discuss informal resolution of the dispute (“Informal Settlement Conference”). If timely requested, the Informal Settlement Conference will take place at a mutually agreeable time by telephone or videoconference. You and our company representative must both personally participate in a good-faith effort to settle the dispute without the need to proceed with arbitration. Any counsel representing You or us also may participate. The requirement of personal participation in an Informal Settlement Conference may be waived only if both You and we agree in writing.

Any applicable statute of limitations will be tolled during the “Informal Resolution Period,” which is defined as the period between the Notice Completion Date and the later of (i) 60 days after the Notice Completion Date; or (ii) if an Informal Settlement Conference is timely requested, 30 days after completion of the Informal Settlement Conference.

9.2 Claims Subject to Arbitration: If You and we cannot resolve a dispute, except for the Excluded Disputes described in the next section, You and we agree to arbitrate all disputes and claims between us, regardless of legal theory, that arise out of or relate to the Services, Vehicle, the Terms, or any other aspect of the relationship between us, including claims over marketing, disclosures, communications by or on behalf of us, and claims concerning the security, transfer, or use of data about You. This agreement to arbitrate is intended to be broadly interpreted and shall be governed by the Federal Arbitration Act rather than state arbitration law. By agreeing to arbitrate, You and we are each giving up the right to go to court and have the dispute resolved by a judge or jury or to bring a class or representative action. This arbitration provision shall survive the termination of the contract between You and us.

9.3 Excluded Claims Not Subject to Arbitration: Notwithstanding Section 9.2, claims regarding Your or our intellectual property rights (“Excluded Disputes”) cannot be brought in arbitration, unless You and we have entered into a separate post-dispute agreement to arbitrate that particular dispute. Moreover, disputes over the scope or enforceability of this arbitration provision or whether a particular claim can or must be arbitrated can only be decided by a court of competent jurisdiction.

In addition, instead of arbitration, either You or we may bring an individual action seeking only individualized relief in small claims court, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. (If that limitation on removal or appeal of small claims court actions is unenforceable, the dispute instead shall be arbitrated.) This arbitration provision also does not prevent You or us from bringing issues to the attention of federal, state, or local agencies or law enforcement.

9.4 Commencing Arbitration: An arbitration proceeding may be commenced only if You and we do not reach an agreement to resolve the claim during the Informal Resolution Period. A court will have the power to enforce this Subsection 9.4, including the power to enjoin the filing or prosecution of arbitrations or the assessment or collection of arbitration fees without first providing a fully complete Notice and participating in a timely requested Informal Settlement Conference. Unless prohibited by law, the arbitration provider shall not accept, administer, or deem filed any arbitration or assess or collect any arbitration fees unless the claimant has complied with the Notice and Informal Settlement Conference Requirements of Subsection 9.1.

9.5 Arbitration Procedures: For disputes that do not involve claims of bodily injury or death, the arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Section 9. (If the AAA is not available or unwilling to administer arbitrations consistent with this Section 9, another arbitration provider will be selected by the parties or, if the parties cannot agree on a provider, by the court.) Arbitration of all other disputes will be governed by the AAA’s Commercial Arbitration Rules. The AAA Rules are available from the AAA at adr.org. Notwithstanding the foregoing, You and we may elect by written agreement signed by both parties to use any mutually agreeable rules for the arbitration.

The arbitrator shall be a lawyer with at least 10 years’ experience, or a retired judge selected by the procedures in the applicable arbitration rules, or an arbitrator selected by Your and our mutual agreement. All issues are for the arbitrator to decide, except that a court must decide issues relating to whether claims can or must be arbitrated, as well as other issues that this Section 10 specifies that a court shall decide. The arbitrator may consider rulings in other arbitrations involving other claimants, but an arbitrator’s ruling will not be binding in proceedings involving different claimants.

If an in-person arbitration hearing is held, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where You are a resident at the time the dispute is submitted to arbitration. The arbitrator will determine any dispute according to applicable law and facts based upon the record, and subject to Subsection 9.8, can award the same damages and relief (such as statutory attorneys’ fees) that a court could award under applicable law. The arbitrator will issue a reasoned written decision (“Underlying Award”), and judgment on the award may be entered in any court with competent jurisdiction.

For any dispute involving bodily injury or death, the Underlying Award may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”). The Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within 30 days of receipt of an Underlying Award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.

9.6 Arbitration Fees: If we initiate arbitration, we will pay all AAA filing, administration, case-management, hearing, and arbitrator fees. If You wish to initiate arbitration, the AAA will govern the payment of these fees unless applicable law requires a different allocation of fees for this arbitration agreement to be enforceable. If You are unable to pay Your share of the AAA fees, we will consider a request to pay them on behalf, so long as You have fully complied with the requirements in Subsections 9.1, 9.4, and 9.9 for any arbitration You initiate.

9.7 Alternative Payment: If You fully complied with the requirements in Subsections 9.1, 9.4, and 9.9 and the arbitrator issues an award in Your favor that is greater than the value of our last written settlement offer made before an arbitrator was selected (or awards You any relief if we did not make You a settlement offer), then we will pay You $5,000 in lieu of any smaller award (“the Alternative Payment”). The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of attorneys’ fees, expenses, and the Alternative Payment at any time during the proceeding and upon request from either party made within 14 days of the arbitrators’ ruling on the merits. In assessing whether You are entitled to the Alternative Payment, the arbitrator shall not consider amounts offered for or awarded in attorneys’ fees or costs.

9.8 Requirement of Individual Arbitration:YOU AND WE AGREE 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, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. In addition, unless both You and we agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. Further, both You and we may seek, and the arbitrator may award, only relief necessary to resolve Your or our individual claims; the arbitrator cannot award relief of any kind (whether monetary or nonmonetary, including declaratory or injunctive relief) that affects individuals other than You.

if, for any reason, any court with competent jurisdiction holds that any of the prohibitions in this Subsection 9.8 are unenforceable as to a particular claim or a particular request for relief (such as a request for injunctive relief), then You and we agree that such a claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated.

9.9 Mass Filings: If 25 or more claimants submit Notices raising similar claims and are represented by the same or coordinated counsel, all the cases must be resolved in arbitration in stages using staged bellwether proceedings if they are not resolved prior to arbitration as set forth above in Subsection 9.1. The parties agree that the individual resolution of claims in arbitration might be delayed if the claims are pursued in connection with 25 or more similar claims. In the first stage, the parties shall each select up to 10 cases per side (20 cases total) to be filed in arbitration and resolved individually in accordance with this arbitration provision, with each case assigned to a separate arbitrator. In the meantime, no other cases may be filed in arbitration, and the AAA shall neither accept, administer, or deem filed any arbitrations, nor assess or demand payment for AAA fees for any arbitrations commenced in violation of this subsection. If the parties are unable to resolve the remaining cases after the conclusion of the first stage of bellwether proceedings, each side may select up to another 10 cases per side (20 cases total) to be filed in arbitration and resolved individually in accordance with this arbitration provision, with each case assigned to a separate arbitrator. During this second stage, no other cases may be filed in arbitration, and the AAA shall neither accept, administer, or deem filed any arbitrations, nor assess or demand payment for AAA fees for any arbitrations commenced in violation of this subsection. This process of staged bellwether proceedings shall continue until the parties are able to resolve all the claims, either through settlement or arbitration. If these mass filing procedures apply to a claimant’s Notice, any statute of limitations applicable to the claims set forth in that Notice will be tolled from the time the first cases are selected for a bellwether proceeding until the claimant’s Notice is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court will have the authority to enforce this subsection 9.9, and, if necessary, to enjoin the filing or prosecution of arbitrations or the assessment or collection of AAA fees.

9.10 Future Changes to Arbitration Agreement: Notwithstanding any provision in these Terms to the contrary, You and we agree that if we make any change to this arbitration provision (other than a change to the Notice Address), You may reject that change by providing us with written notice within 30 days of the change to the Notice Address and require us to adhere to the language in this arbitration provision. By rejecting any future change, You are agreeing that You will arbitrate any dispute between You and us in accordance with the language of this arbitration provision.

10. WAIVER AND SEVERABILITY

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 provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable because any other provisions may be invalid or unenforceable in whole or in part, except as set forth in Section 9.7.

11. 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 or remedy provided by law.

12. FORCE MAJEURE

Notwithstanding anything to the contrary contained herein, neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism, widespread illness, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or civil unrest. Performance shall be excused where it is inadvisable, commercially impracticable, illegal, or impossible. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder.

13. FINAL AGREEMENT

This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. We may from time to time update these terms by posting them on our App and website. By continuing to use any Services after any amendment, modification, or change, Rider has agreed to be bound by all such amendments, modifications, and changes. Rider must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes.

14. CONTRACT INTERPRETATION

The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not to be exclusive in its meaning. “Including” means “including, but not limited to.” Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.