These Terms and Conditions ("Terms") constitute a legally binding agreement between you and RideGDS LLC., d/b/a RideGDS, a wholly owned subsidiary of the Ridegds LLC, and any affiliates that link to these Terms ("RideGDS" or "we") that governs your access to and use of any and all products and services that RideGDS provides, including, without limitation, (i) the RideGDS website located at https://www.ridegds.com/ (the "Site"), (ii) the RideGDS mobile application ("App"), (iii) any vehicle or other transportation device provided by RideGDS, including but not limited to, bicycles, electric bicycles, electric kick scooters, and any other transportation device provided by RideGDS (collectively, “RideGDS Scooters”), (iv) any other equipment, product or services that relate to or concern the rental or use of RideGDS scooters, and (v) any other features and/or services offered by RideGDS ((i) through (v), collectively, the "Services"). Your access to, and use of, the Services is expressly conditioned on your agreement to these Terms. Any references to “you” or “your” in these Terms will mean the person using the Services in any manner, and each of your heirs, assigns, or successors.
SECTION 12 (ARBITRATION AGREEMENT) OF THESE TERMS CONTAINS AN ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AND RIDEGDS LLC AGREE TO SUBMIT ANY DISPUTE TO BINDING ARBITRATION RATHER THAN PROCEEDING IN COURT, WITH THE EXCEPTION OF CERTAIN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS NOTED BELOW. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, YOU WILL BE PERMITTED TO PURSUE CLAIMS OR SEEK RELIEF AGAINST RIDEGDS LLC ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
IN ADDITION, THIS AGREEMENT CONTAINS DISCLAIMERS, ASSUMPTION-OF-RISK PROVISIONS, AND A RELEASE OF LIABILITY (THE "RELEASE OF LIABILITY"), SECTION 2 OF THESE TERMS.
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND RIDEGDS LLC. BY ACCESSING OR USING THE SERVICES:
· If these Terms have changed since you last accessed or used the Services, you acknowledge and agree that your continued access or use of the Services constitutes your acceptance of the changed Terms;
· You represent and warrant that you are at least eighteen (18) years of age and have the right, authority, and capacity to enter into these Terms; and
· You consent to receive communications from us electronically, and you agree that such electronic communications, notices, and postings satisfy any legal requirements that such communications be in writing
1. YOUR USE OF THE RIDEGDS SCOOTERS AND OTHER SERVICES
1.1. You are the sole operator of the Services. You and RideGDS are the only parties to these Terms and you are therefore the only authorized operator of a RideGDS Scooter that is rented through your account. You represent, warrant, and covenant that you will not permit another person, either alone, or together with you, to use any RideGDS Scooter rented by you or through your account, or any Services obtained by you or through your account. Without limiting the foregoing, you alone are responsible for complying with these Terms and for any breach of these Terms and any damage and/or liability arising from your operation of any Spin Scooter or any third party's use of any RideGDS Scooter rented through your account.
1.2. You are at least 18 years old. You represent and warrant that you are at least eighteen (18) years of age.
1.3. You will inspect the RideGDS Scooter before operating it. You represent, warrant and covenant that, before each use of a RideGDS Scooter, you will conduct a basic safety inspection of such RideGDS Scooter, which includes inspecting: safe operation of brakes and lights; proper direction of wheels; condition of the frame; sufficient battery charge; and any signs of damage, disrepair, unusual or excessive wear, or other signs of mechanical and/or maintenance needs (each, a "Safety Issue"). You shall immediately notify RideGDS if you identify a Safety Issue and are prohibited from riding any RideGDS Scooter on which there is a Safety Issue.
1.4. You are a competent user. You represent and warrant that you are familiar with the operation of the RideGDS Scooters, are physically fit to use a RideGDS Scooter, and do not have any health problems or medical conditions that would make using a RideGDS Scooter unsafe in any way.
1.5. You will not engage in distracted operation of the RideGDS Scooter. You represent, warrant, and covenant that, for the duration of your operation of a RideGDS Scooter, you will not use any cellular telephone, text messaging device, portable music player, or any other device that may distract you from operating the RideGDS Scooter safely.
1.6. You will not use the RideGDS Scooter when hazardous conditions are present. You represent, warrant, and covenant that you will not use a RideGDS Scooter when environmental conditions (i.e. weather, road surface, congestion, etc.) are unsafe, on any unpaved roads, through water, through uneven terrain (including, without limitation, on mountains), through unsafe traffic conditions, on highways or freeways, or in any location where use of a RideGDS Scooter is prohibited, illegal, and/or is a nuisance. You acknowledge and agree that RideGDS does not provide or maintain places at or on which to ride RideGDS Scooters and that RideGDS LLC makes no representation, warranty, covenant, or guarantee with respect to the conditions of any road, sidewalk, vehicle lane, vehicle route, or other thruway you may access in connection with your use of a RideGDS Scooter.
1.7. You will not use the RideGDS Scooter if your ability to use it is impaired. You represent, warrant, and covenant that you will not ride a RideGDS Scooter while under the influence of drugs, alcohol, medication, and/or any other substance that may impair your ability to ride the RideGDS Scooter.
1.8. You will not race the RideGDS Scooter, perform stunts with the RideGDS Scooter, use the RideGDS Scooter to propel or tow any vehicle, trailer, or other object. You represent, warrant, and covenant that you will not race the RideGDS Scooter, perform stunts with the RideGDS Scooter, or use the RideGDS Scooter to propel or tow any vehicle, trailer, or other object.
1.9. You will not place anything on the RideGDS Scooter or use the RideGDS Scooter while holding anything that impedes your ability to safely use it. You represent, warrant, and covenant that you will not place any objects on the RideGDS Scooter or use the RideGDS Scooter while holding any object that impedes your ability to safely use it. These objects include, without limitation, backpacks, bags, briefcases, and/or any other item that can alter the balance of the RideGDS Scooter or otherwise impede your ability to safely ride it. You must not exceed the weight limit of the RideGDS Scooter (220 pounds unless otherwise indicated).
1.10. You will wear proper equipment, including a helmet, while using the RideGDS Scooter. You represent, warrant, and covenant that, at all times while using a RideGDS Scooter, you will wear appropriate equipment, including, without limitation, suitable footwear (e.g., tied sneakers, no sandals) and a helmet that is properly fitted and fastened in accordance with the manufacturer's instructions and meets CPSC, Snell, or ASTM, or CE helmet standards or a comparable standard (a "Helmet") (information about some of these standards can be found here). Notwithstanding the foregoing, RideGDS LLC does not make any representation, warranty, covenant, or guarantee with respect to the safety, quality, or other characteristics of any Helmet.
1.11. You will not use the RideGDS Scooter for commercial purposes. You represent, warrant, and covenant that you will not use the RideGDS Scooter for any commercial purposes, including, without limitation, for hire, reward, rideshare, food delivery, or advertising services.
1.12. You will not tamper with, alter, or vandalize the RideGDS Scooter. You represent, warrant, and covenant that you will not tamper with, alter in any way, or vandalize the RideGDS Scooter.
1.13. You will use the RideGDS Scooter in compliance with all applicable laws, rules, regulations, and ordinances. You represent, warrant, and covenant that you will only use the RideGDS Scooter in compliance with all applicable laws, rules, regulations, and ordinances. It is your sole responsibility to be familiar with the applicable laws, rules, regulations, and ordinances of the jurisdiction in which you are using the RideGDS Scooter.
1.14. You will park the RideGDS Scooter in accordance with our instructions and in compliance with all applicable laws, rules, regulations, and ordinances. You represent, warrant, and covenant that you will park the RideGDS Scooter in lawful parking spots in an upright position and will not park the RideGDS Scooter on unauthorized private property, in a locked area, in heavily trafficked areas, or in any other unapproved space. Without limiting the foregoing, you represent, warrant, and covenant that you will return the RideGDS Scooter to the proper parking area in clean and working condition after your use. You will not use any locking mechanism to lock the RideGDS Scooter other than one provided by RideGDS
1.15. You will use the RideGDS Scooter in accordance with the "rules of the road." You represent, warrant, and covenant and that you will obey all street signs, signals, rights-of-way, and markings, that you will use the RideGDS Scooter with courtesy and respect towards third parties, including, but not limited to pedestrians and other vehicles, and that you will not block sidewalks, access ramps, bus stops, or landscaped areas.
1.16. You will return the RideGDS Scooter in the condition in which you rented it. You represent, warrant, and covenant that you will return the RideGDS Scooter in the condition in which you rented it, except for any ordinary wear and tear.
1.17. You must report an accident, crash, damage, personal injury, traffic violation, or stolen or lost RideGDS Scooter as soon as possible. If a crash involves personal injury, property damage, or a stolen RideGDS Scooter, you shall file a report with the local police department within 24 hours. You agree that you are responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorneys’ fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Spin Scooter.
1.17. You will not rent the RideGDS Scooter for more than 24 hours at a time. The maximum rental time of a RideGDS Scooter is 24 hours. You represent, warrant, and covenant that you will conclude your ride within a service zone and lock the RideGDS Scooter (a "Return") within 24 hours of the time at which you unlocked or otherwise began renting such Spin Scooter.
1.18. THE FOREGOING LIST IS NOT INTENDED TO BE EXHAUSTIVE AND ANY UNREASONABLE OR INAPPROPRIATE USE OF A RIDEGDS SCOOTER, AS DETERMINED BY RIDEGDS IN ITS SOLE DISCRETION, OR ANY VIOLATION OF APPLICABLE LAWS, RULES, REGULATIONS, AND/OR ORDINANCES WILL BE DEEMED TO BE A VIOLATION OF THESE TERMS. WITHOUT LIMITING THE FOREGOING, THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS ARE CUMULATIVE TO EACH OTHER AND NOT EXCLUSIVE OF EACH OTHER, AND NO REPRESENTATION, WARRANTY, OR COVENANT IN THIS SECTION 1 WILL LIMIT ANY OTHER REPRESENTATION, WARRANTY, OR COVENANT IN THIS SECTION 1 OR THESE TERMS. You acknowledge and agree that RideGDS does not control, and has no right to control, you or other third parties with whom you may come into contact while using the RideGDS LLC Services, including, without limitation, pedestrians, bikers, other users of RideGDS Scooters, or other vehicles.
1.19. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY MISUSE, CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, HARM, 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, AS A RESULT OF USING ANY OF THE SERVICES.
2. RELEASE OF LIABILITY
AS A CONDITION OF USING THE SERVICES (INCLUDING, FOR CLARITY AND WITHOUT LIMITATION, ANY RIDEGDS SCOOTER) YOU HEREBY ACCEPT AND AGREE TO THIS “RELEASE OF LIABILITY,” including any defined terms therein.
You acknowledge that use of RideGDS’s vehicle or other transportation device, including but not limited to, bicycles, electric bicycles, electric kick scooters (collectively “RideGDS Scooters”), as well as any other equipment, product or services that relate to or concern the rental or use of a RideGDS Scooter is an inherently dangerous recreational activity that involves both obvious and non-obvious risks of physical harm, including the risk of death to you and others, as well as damage to property, and that these types of risks can be unforeseeable and sometimes cannot be avoided. To the fullest extent permissible by applicable law, you, on behalf of yourself, your family, your heirs, your agents, your aﬃliates, your representatives, your successors, your guardians and your assigns (collectively the “Releasing Parties”), agree to indemnify, hold harmless, and forever release and discharge the Released Persons (as deﬁned below) from any and all injuries, demands, losses, damages, costs, loss of service, expenses, compensation, claims, suits, causes of action, obligations, rights, and liabilities of any nature, type, or description, whether arising in tort (including negligence), contract, strict liability, or any other legal theory, whether known or unknown, contingent or vested, in law or in equity, whether or not we have been advised of the possibility of such damage, including but not limited to, property loss or damage, personal injury or loss of life, regardless of legal theory, that: (a) relate to, are based on, concern, or arise out of these Terms, your use of a RideGDS Scooter, the Services, the Site, the App, and/or any of the equipment that RideGDS provides to You (collectively the “Released Claims”). “Released Persons” as used herein means (i) RideGDS LLC ("RideGDS"), (ii) RideGDS Inc., d/b/a RideGDS("RideGDS"), and (iii) to the fullest extent permitted by law, any (x) governmental entity (including, without limitation, any state, commonwealth, city, town, township, charter township, special district, village, borough, other municipal corporations, and unincorporated communities or jurisdictions) and (y) educational institution (including, without limitation, public and private universities and colleges, high schools, secondary schools, and primary schools) (each of (x) and (y), a "Municipality") with which RideGDS has contracted or at which RideGDS is providing Services, and each of RideGDS LLC , RideGDS's, and Municipality's respective current and former parents, subsidiaries, divisions, and current and former aﬃliated individuals and entities, legal successors, predecessors (including companies they have acquired, purchased, or absorbed), assigns, joint venturers, and each and all of their respective oﬃcers, investors, partners, directors, elected officials, servants, agents, shareholders, members, managers, principals, investment advisors, consultants, employees, representatives, attorneys, accountants, lenders, underwriters, and insurers. This Release is intended to be a general and complete release of all Claims and all Released Persons may plead the existence of this Release as a full and complete defense to any Claim.
You hereby acknowledge that you have been advised of and fully understand the provisions of California Civil Code Section 1542 which provides 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.” Having been so advised, Releasing Party nevertheless elects to and does assume all risks for Released Claims known or unknown, suspected or unsuspected, heretofore arising from the use of RideGDS Scooters, equipment and anything relating to such use, and speciﬁcally waives any rights it may have under Section 1542, as well as under any other statute or common-law principle in any jurisdiction with a similar eﬀect.
YOU ACKNOWLEDGE THAT YOU ENTER INTO THIS RELEASE FREELY, KNOWINGLY, AND VOLUNTARILY, AND THAT YOU INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE AND WAIVER OF ALL CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO NEW JERSEY RESIDENTS.
3. CREATION OF ACCOUNTS; COMMUNICATIONS WITH YOU
3.2. Accuracy. You represent, warrant, and covenant to RideGDS that all information that you provide about yourself as requested by RideGDS (before, during, and after the account creation process), including, without limitation, your Number and your Card, is, and will remain during your use of the Services, true, accurate, current, and complete, and that you are authorized to provide all such information and use your Card. You are also solely responsible for all activity that occurs on your account, and you agree to notify RideGDS immediately of any suspected unauthorized use to your account. To the maximum extent allowed by law, RideGDS LLC is not liable for any losses by any party caused by unauthorized use of your account.
3.3. Confidentiality. You are solely responsible for maintaining the confidentiality of your log-in credentials in order to use the Services and are fully responsible for all activities that occur through the use of your credentials. You agree to notify RideGDS LLC immediately of any unauthorized use of your log-in credentials or any other breach of security with respect to your account. RideGDS LLC will not be liable for any loss or damage arising from unauthorized use of your credentials regardless of whether you have notified RideGDS LLC of such unauthorized use or loss of your credentials. If you have reason to believe that your account is no longer secure, you must immediately notify us. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.
3.4. Restrictions. You may not impersonate someone else to create an account, create or use an account for anyone other than yourself, permit anyone else to use your account, or provide personal information for purposes of account registration other than your own. You may not permit another person to use any RideGDS Scooter or other Services using your account credentials, regardless of whether that person is a user of the Services themselves, and to permit such use is a material breach of this Agreement. Without limiting the foregoing, you are responsible for all use of the Services in connection with your account, including, without limitation, death, personal injury, and injury to property, that results from a RideGDS Scooter that has been used with your account credentials.
3.5. Termination. We have the right to disable, suspend, or close your account if your account is delinquent, if your Card is no longer valid, or at any other time, for any other reason or for no reason, in our sole discretion, without notice. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES IN ACCORDANCE WITH THESE TERMS. If we terminate your account, you must immediately return any RideGDS Scooter, or other property of RideGDS that you have in your possession. You will be charged for the value of any property of RideGDS LLC that you fail to return as well as all costs (including attorneys’ fees and costs) that Spin incurs in attempting to recover its property from you.
4. FEES AND RESPONSIBILITY FOR COSTS
4.1. Fees. You must pay to RideGDS all charges and fees in connection with your use of the Services, which may vary based on the Services you have selected and may include, without limitation, rental charges, application fees, service fees and/or other charges set forth in these Terms ("Fees"). Spin’s fee schedule is set forth through the App. The fee schedule is incorporated herein by this reference and you agree to pay the published fees and charges. Spin may alter, amend or make changes to the fee schedule at any time and may provide notice of such changes in the App. You must pay all Fees when due. You authorize us to charge the Card or other payment method provided for all Fees incurred by you with respect to Services (or other services offered by us), including applicable sales, use, VAT/GST and other local government charges. If you dispute any Fees, you must submit any such disputes in writing to RideGDS within thirty (30) days of RideGDS charging the Fees. Where permitted by applicable law, failure to submit such dispute within the thirty (30) day deadline will mean that you waive the dispute and the charge for such Fees will be final, non-refundable, and non-challengeable.
4.2. Method of Payment, Stored Balance, and Auto-Reload. You hereby authorize RideGDS to charge your Card or other payment method via the App or via another authorized third-party payment processor (e.g., PayPal, Stripe, Square, or others). We may seek pre-authorization of your Card or other payment method up to the maximum amount for a single ride prior to charging Fees in order to verify its validity or the existence of sufficient funds in the account tied to such Card and/or credit on the Card. You must provide