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Rental agreement

JUMP by Uber

Light Electric Vehicle Rental Agreement

Welcome to JUMP! We hope you love participating in our shared mobility program. Please read through this entire Rental Agreement carefully as it contains important information that you should consider before renting a bike, scooter or another type of Light Electric Vehicle.

These terms and conditions are a legal agreement between you (“Member”, “Rider”, “You”, or “Your”) and Social Bicycles LLC (collectively, d/b/a JUMP Bikes), subsidiaries of Uber Technologies, Inc., with offices at 55 Prospect St., Ste. 410, Brooklyn, NY 11201 (together with its parents, subsidiaries, and affiliates, “JUMP,” “Our”, “We”, or “Us”), establishing terms and conditions under which You will submit information to, rent a Light Electric Vehicle (“LEV”) from, and participate in a LEV sharing program operated by, Us in the United States.

THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS, AND ASSUMPTION-OF-RISK PROVISIONS AND A BINDING ARBITRATION AGREEMENT THAT LIMITS YOUR LEGAL RIGHTS AND REMEDIES. FOR MORE DETAILS, PLEASE REFER TO SECTIONS 6 AND 8 BELOW.

1. General; service; rental not purchase; adult agreement required.

We offer a service comprised of an automated self-serve rental system for LEVs, which includes electric and/or non-electric devices, such as scooters and bikes, as well all related equipment, personnel, and information offered by JUMP (collectively, the “Program” or “Service”). The Service also includes maintenance of our LEVs and, where applicable, hub station(s) (“Station(s)”) where the LEVs are docked or parked at a designated rack (“Rack”) using an electronically controlled lock (“Lock”). In consideration of Your use of the Service, We require that You agree to all the terms and conditions in this Rental Agreement, Liability Waiver, and Release (collectively, the “Rental Agreement” or this “Agreement”). You agree and acknowledge that You are renting the LEV and that ownership of the LEV remains with Us at all times. A valid credit card debit card, or payment method is required to rent a LEV. The LEV may only be rented by persons 18 years of age or older. If a Member falsifies or misrepresents Member’s age, Member and his/her legal guardian shall bear full responsibility for all Claims (as defined below) related to such misrepresentation. Additional requirements for the rental may apply in the location You rent the LEV.

2. Modifications to agreement

We reserve the right, in Our sole discretion, to unilaterally amend, modify, or change this Rental Agreement (each a “Modification”), at any time and from time to time. Whenever a Modification is made to this Rental Agreement, We will post an updated version of this Rental Agreement on jumpbikes.com and on uber.com (the “Website(s)”) and, where the change is material, we will require You to accept the new terms before renting on the Service. By accepting new terms or continuing to use the Service after any Modification is posted, You agree to be bound by such Modification. You agree to carefully review this Agreement on the Website from time to time in order to maintain awareness of all Modifications, and agree that each time you rent a LEV, the then-current version of the Rental Agreement as posted on the Website will apply.

3. Rental fees

RETURN OF LEV; CREDIT OR DEBIT CARD AUTHORIZATIONS

We agree to rent to You, and You agree to rent from Us, the LEV(s) through the Service subject to the terms and conditions of this Rental Agreement and in accordance with the rates provided to you before rental or which are available on a website, which are exclusive of any applicable sales taxes and other local government charges where required by law and which may be modified from time to time at Our sole discretion. You understand and agree that the purpose of the Service is to provide short-term access to LEV(s) and that Your use of any one LEV in the Service shall not exceed a continuous 24 hour period. Any LEV not returned within 24 hours will be deemed stolen or lost. You assume full responsibility for care of the LEV during the period of time You rent the LEV (“Rental Period”). If the LEV is damaged, stolen, or lost during the Rental Period, You shall immediately return any such damaged LEV and/or report any such stolen or lost LEV to Us. You shall compensate Us if the LEV is damaged (excluding damage from normal wear and tear), stolen, or lost during the Rental Period. Amounts due for a damaged, stolen, or lost LEV(s) will be charged to the credit or debit card associated with Your account up to a maximum of $1,600 per LEV or local currency equivalent. If the LEV is damaged, You will be charged the cost to repair damages, as determined by Us and our affiliates in Our sole discretion, when the damages are reported to or discovered by Us. If the LEV is stolen or lost, You will be charged up to an amount of $1,600 or local currency equivalent when the theft or loss is reported to or discovered by Us. You hereby authorize Us to charge Your credit or debit card for all fees incurred by You as well as such amounts due in connection with any overdue, damaged, stolen, or lost LEV, and We may, at Our sole discretion, place an authorization hold on Your credit or debit card to cover any such amounts. If You dispute any charge on Your account, then You must contact Us within ten (10) days of Your receipt of Your statement containing the disputed charge.

4. Our commitments to you; availability of service; state of good repair

(a) No Warranty. The LEV is rented to You AS IS and all Services are provided AS AVAILABLE without any warranty, express or implied, including warranties of merchantability or fitness for any particular purpose.

(b) Availability of Service. We do not guarantee that the Service will be available at all times, as use of the LEV by other Members of the Program, repairs, force majeure events, or other circumstances might prevent Us from providing the Service. Access to LEV(s) is conditioned upon the their availability. We do not guarantee, represent, or warrant the availability of the Service or the availability of any LEV. We may suspend all or part of the Service, may relocate Stations, reduce the number of LEV available for rent, and otherwise operate the Program in Our sole discretion. Members should use the Website or Our mobile application (“Mobile Application”) to check the availability of LEV. You agree that We may require You to return a LEV at any time, regardless of the period for which it was originally rented, and that You shall comply with any such requirement.

5. Your commitments to us; miscellaneous requirements

You agree to treat the LEV(s) with due care. You are responsible for loss or damage to the LEV(s) rented by You due to theft, disappearance for known or unknown reasons, or any other cause, other than ordinary wear and tear. Before using a LEV, You shall inspect such LEV for defects and report to Us any such defect prior to the commencement of Your rental, including but not limited to, i) trueness of the wheels; (ii) proper functioning of all brakes and lights; (iii) condition of the frame; (iv) sufficient power charge; and (v) any signs of damage, unusual or excessive wear, or other open and obvious mechanical problems or maintenance need. If you discover a defect before, during, or after Your rental, You agree to report it to us prior to the end of Your rental using the Mobile Application. If You notice a LEV has a defect that in any way may impair Your ability to operate it safely, You must use a different LEV. You should take extra precautions while riding LEVs that are electric or electric-assisted, as accelerating and braking on electric LEVs, among other aspects, differ from doing so on non-electric LEVs.

If Your LEV has a retractable or removable Lock, You are responsible for securing the LEV to a bicycle rack or other appropriate and lawful location using the Lock to protect against theft of the LEV unless another method of locking is explicitly permitted by the system rules applicable in Your market. You agree to ensure that when a LEV is not in use the retractable or removable Lock is at all times securely attached to the LEV, if removable, and a proper rack or other appropriate and lawful location and not only to the LEV. You shall not leave any LEV unattended at any location at any time for any reason, unless it is secured as specified above. You shall not use any other locking mechanism other than what is provided by JUMP. You shall not lock and/or leave the LEV in a location where it cannot be accessed by JUMP, nor in a location outside the designated service area or in violation of any applicable law.

Upon the end of the Rental Period, You agree to lock the LEV to a proper rack or other lawful and appropriate location within the JUMP Service areas or, where instructed by JUMP, to return the LEV to one of the locations listed on the Mobile Application and to secure the LEV to the Rack by the Lock. In the event the Program permits return of the LEV(s) to any rack or place that is not within the Program area, as indicated on the Website or Mobile Application, additional fees may apply and You agree to lock the LEV(s) as specified above. You agree to refer to the Website for further requirements for returning the LEV(s) and to comply with any and all such requirements and instructions.

All amounts due and payable to Us will be charged to Your credit or debit card, or other payment method available in Your location of booking. In the event that the credit or debit card charges are not paid to Us, other collection procedures will be employed. You agree to pay all of Our costs of collection, including without limitation reasonable attorneys’ fees, if You do not pay amounts owed hereunder when due.

You agree that We are not a common carrier. Alternative means of public and private transportation are available to the general public and to You individually, including public buses and light rail service, taxis, and pedestrian paths. We provide LEV(s) only as a convenience, and the Service is intended for those persons who are able and qualified to operate a LEV on their own and who have agreed to all terms and conditions of this Agreement.

You shall not do any of the following acts, or similar acts that may result in a risk, an incident, or damage to You, the LEV or others (“Restricted Uses”):

  • Use any LEV if You are younger than 18 years of age or the legal age limit in your location.
  • Use any LEV if You exceed the maximum weight limit of the LEV.
  • Use any LEV if You have any existing physical or mental condition that would prohibit You from safely operating the LEV.
  • Use any LEV if you have a physical condition that puts you at risk when undergoing strenuous physical activity.
  • Operate a LEV while carrying any item that impedes Your ability to safely operate the LEV, or while placing any item on the handlebars.
  • Operate a LEV while under the influence of alcohol, drugs, or any other substance that impairs Your ability to safely operate the LEV.
  • Use any cell phone or mobile electronic device for any use that distracts You from the safe operation of the LEV, including but not limited to phone calls, text messages, or music.
  • Allow any other person to use the LEV or allow more than one person to be carried on the LEV.
  • Overfill a LEV basket, if applicable, or place objects weighing in total more 20 pounds in the LEV basket, if applicable.
  • Violate any applicable (federal, state, or local) law or regulation.
  • Operate or use a LEV in any manner during adverse weather conditions that would reasonably prevent a safe operation of the LEV or that would unreasonably hamper normal traffic conditions, including but not limited to hail, dust storms, fog, heavy rains, or lightning storms.
  • Ride or operate a LEV that has any defect, fails to operate as a properly functioning LEV, or that is in need of repair.
  • Use the LEV if it, or any component of it, appears to be or becomes defective or malfunctions.
  • Use the LEV for racing, tricks, jumping, stunt riding, off-road riding, or in any other hazardous manner.
  • Tow, pull, carry, or push any person or object with a LEV.
  • Remove, dismantle, write on, deface, misuse, or modify any accessories, parts, or components of any LEV.
  • Use any LEV without reading and agreeing to the Liability Waiver and Release.

You agree to always:

  • Ride the LEV with caution, and be mindful of the local regulations and rules when riding and parking.
  • Abide by all applicable traffic laws in all respects.
  • Yield to pedestrians.
  • Ride in the same direction as traffic.
  • Wear a helmet while riding.
  • Be mindful of others while parking your LEV; use bike racks or park by the curb without blocking traffic.
  • Avoid parking adjacent to, or within, a transit zone, loading zone, crosswalk, fire hydrants, entryway, or driveway, or parklet.
  • Ensure your LEV is not blocking a sidewalk, pathway, bus stop, crosswalk, or wheelchair ramp.
  • Refrain from locking your LEV to a prohibited structure, ifwhen your LEV has a lock.
  • Avoid anything that may impede your ability to safely ride, including carrying heavy items, riding in bad weather, or operating an LEV under the influence of drugs or alcohol.

6. Assumption of risk, release and waiver of liability, and indemnity

You acknowledge that operating a LEV is inherently dangerous and carries with it the potential for serious bodily injury, permanent disability, paralysis and death, and property damage and loss. You acknowledge and agree that it is Your responsibility to determine whether You are sufficiently fit and healthy enough to safely participate in the Program, which You elect voluntarily. You have no physical or medical condition that would endanger You or others if You participate in the Program, or would interfere with Your ability to safely participate. You also certify that You have not been advised against cycling or any other activity related to participation in the Program by any health professional. You understand and acknowledge that there may be heavy vehicle and pedestrian traffic. You assume all other risks associated with participation in the Program including without limitation: falls; dangers of collision with vehicles, pedestrians, and fixed objects; dangers arising from surface hazards, equipment design failure, and inadequate safety equipment; hazards posed by vehicles, pedestrians, and other cyclists; and weather conditions. You further acknowledge that these risks include risks that may be the result of the failure and/or design of equipment supplied by, or the negligent acts, omissions and/or carelessness of, the Released Parties (as defined below). You understand that You will be participating in the Program at Your own risk, that You are responsible for the risks of participation in the Program, and that Your participation in the Program is fully voluntary.

You understand and acknowledge the increased risk for personal injury, permanent disability, paralysis and death due to not wearing a protective helmet. You assume responsibility for any injury, loss, or damage associated with Your choosing not to wear a protective helmet; further, because helmets do not protect against all head injuries, and do not protect against other injuries, You assume responsibility for any injury, loss, or damages associated with Your participation in the Program even if You choose to wear a protective helmet. You also agree to follow the “Rules of the Road”: follow and obey all laws and regulations, obey traffic signals and stop signs, ride with traffic, make Your intentions clear to motorists and other road users, ride in a straight line and do not swerve, stay seated while riding (if applicable), signal turns, and check before turning or changing lanes.

You agree not to use the LEV while under the influence of alcohol and/or drugs, and further assume responsibility for any injury, loss, or damage associated with Your consumption of alcohol and/or drugs.

Social Bicycles LLC, it’s parents, subsidiaries and affiliates (including, without limitation, Uber Technologies, Inc. and its subsidiaries and affiliates), the Program’s sponsors, organizers, promoters, staff, advertisers, volunteers, property owners, administrators, contractors, any and all other vendors and all other individuals or entities involved with the Program, and all state, city, town, county, and other governmental bodies and their elected and appointed officials, officers, employees, agents, and other municipal agencies whose property and/or personnel are used and/or in any way assist in locations in which the Program takes place, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, board members, shareholders, attorneys, insurers, agents, employees, volunteers, and other participants and representatives (individually and collectively, the “Released Parties”) from any and all claims, liabilities of every kind, demands, damages (including without limitation, direct, indirect, incidental, consequential and punitive), losses and causes of action (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent), of any kind or nature (including without limitation, those based in contract, tort, statutory, or other grounds), which You have or may have in the future, including court costs, attorneys’ fees and litigation expenses (individually and collectively, the “Claims”) that may arise out of, or result from, Your participation in the Program, including death, personal injury, temporary or permanent disability, property damage and damages of any kind, property theft, and Claims relating to the provision of first aid, medical care, medical treatment, or medical decisions and any claims for medical or hospital expenses, EVEN IF SUCH CLAIMS ARE CAUSED BY THE NEGLIGENT ACTS, OMISSIONS, OR THE CARELESSNESS OF THE RELEASED PARTIES AND EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. You expressly waive all rights under California Civil Code Section 1542, and similar laws applicable in other jurisdictions, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. Any such release is intended to be a complete and general release of all Claims. The Released Parties may plead such releases as a complete and sufficient defense to any Claim, as direct or intended third party beneficiaries of such releases.

any of the Released Parties for any of the Claims that You have waived, released, or discharged herein.

the Released Parties from any and all expenses incurred, Claims made by You or third parties, for liabilities assessed against the Released Parties, including but not limited to court costs, attorneys’ fees, and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, Your breach or failure to abide by any part of this Waiver, by Your breach or failure to abide by the rules of the Program and/or Your actions or inactions which cause injury or damage to any other person.

You agree to be responsible and assume liability for any and all costs incurred as a result of participation in the Program, including without limitation ambulance transport services, hospital stays, medical treatment. You agree to indemnify and hold harmless the Released Parties from all liability for such costs.

at Our sole and complete discretion, to deny Your participation in the Program.

7. Term and termination

We may unilaterally terminate Your right to use the Service, in Our 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 Us and (ii) You may still be charged any applicable additional fees arising under this Agreement. Sections 3, 4, 5, 6, 7, 8, 9 and 10 shall survive any termination or expiration of this Agreement.

8. Arbitration agreement

By agreeing to the Agreement, you agree that you are required to resolve any claim that you may have against JUMP, its parents, subsidiaries, and affiliates (including, without limitation, Uber Technologies, Inc. and its subsidiaries and affiliates), on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against JUMP, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against JUMP by someone else.

You and JUMP agree that any dispute, claim or controversy arising out of or relating to (a) this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and JUMP, and not in a court of law.

You acknowledge and agree that you and JUMP are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and JUMP otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and JUMP each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

Unless You and JUMP otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and JUMP submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. JUMP will not seek, and hereby waives all rights JUMP may have under applicable law to recover, attorneys’ fees and expenses if JUMP prevails in arbitration.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, JUMP will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if JUMP changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing JUMP written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Social Bycicles, LLC (the name and current contact information for the registered agent in each state are available online here), or (b) by email from the email address associated with your Account to: change-dr@uber.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and JUMP in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

9. Miscellaneous

The Rental Agreement constitutes the entire agreement between Member and Us with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings, representations, and undertakings with respect to the subject matter hereof. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California excluding its conflicts of laws principles. Termination of this Agreement or your right to use the Service will not relieve You of any payment obligations hereunder. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. We shall not be liable for failure to perform any of Our obligations hereunder for reasons that are beyond Our reasonable control, including, without limitation, fire, flood, earthquake, natural disaster, interruptions in supply, war, embargo, riots, or acts of terrorism.

YOU HEREBY AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE; YOU HAVE THE LEGAL AND MENTAL CAPACITY TO ENTER INTO THIS AGREEMENT; AND YOU HAVE READ AND AGREED TO THIS AGREEMENT, FULLY UNDERSTAND ITS CONTENT, AND INTENTIONALLY AND VOLUNTARILY ACCEPT ITS TERMS.