Terms and Conditions

WEBSITE TERMS AND CONDITIONS OF USE AGREEMENT

We welcome you to Bicycle Transit Systems, Inc. (“Bicycle Transit Systems,” “we” or “our”) and our family of websites, including bikeshare.metro.net and the other websites and mobile applications and technology that display these Website Terms and Conditions of Use (collectively, the “Website”). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE VERY CAREFULLY.

  1. Acceptance of Terms. This Terms and Conditions of Use Agreement (the “Agreement”) sets forth legally binding terms for your use of Webs By accessing or using our Website, regardless of whether you are a visitor or a pass holder, you agree that you have read, understood and agreed to be bound by this Agreement and our Privacy Policy (incorporated into this Agreement by reference) without limitation or qualification. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THIS WEBSITE.
  2. Changes to Terms. We may modify this Agreement from time to time, and such modification will be effective upon its posting on our Webs You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
  3. Bicycle User Agreement. Before using any service that we provide, you must agree to the terms and conditions contained in the Bicycle User Agreement, Liability Waiver, and Release, which is fully incorporated herein by this reference and may be reviewed by clicking on Bicycle Rental Agreement, Liability Waiver, and Release. By continuing to use the Website or any service, you agree to be bound by our Bicycle Rental Agreement, Liability Waiver, and Release and all future amendments, modifications, and changes thereto.
  4. Pass Holder Account, Password and Security. You must be at least 18 to become a Pass Holder of Metro Bike Share. If you register to become a Pass Holder, you will be required to choose a password and user name, and you may be asked for additional information regarding your Account, such as your email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”) and maintain and promptly update your Registration Data to keep it true, accurate, current and complete. For safety reasons, we recommend that your user name should not contain your last name (in addition, rather than your actual first name, you may want to consider using a word or term with meaning to you). You are responsible for maintaining the confidentiality of the password and account information, and are fully responsible for all activities that occur under your password and Account. You are required to (a) immediately notify us (email: support@bikeshare.metro.net) of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. Use of and registration for the Website are void where prohibited.
  5. Your Interactions With Other Pass Holders and Third Parties. You acknowledge that we have no screening policy, and that anyone who registers to become a Pass Holder will become a Pass Holder without any review or approval by us. You are solely responsible for your interactions with other Pass Holders or third parties that occur as a result of the Website, whether online or offline, and any communications with other individuals through or as a result of the Website are at your own risk. We disclaim all liability for any actions of other Pass Holders or third parties. Please use your discretion when deciding whether to send any of your personal information to another Pass Holder or third party.
  6. Prohibited Conduct. You agree not to use the Website to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”) that we may deem, at any time and from time to time, in our sole discretion:
    • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • exploits people in a sexual or violent manner;
    • contains nudity, violence, or offensive subject matter;
    • solicits personal information from anyone under the age of eighteen (18);
    • provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own (and we advise you not to post your own and to communicate such information in private messages to other Pass Holders only at your own risk);
    • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    • violates any intellectual property or other proprietary right of any third party (including without limitation Content that promotes or links to an illegal or unauthorized copy of another person’s copyrighted work or provides information to circumvent copy-protect devices);
    • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
    • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
    • solicits passwords or personal identifying information for commercial or unlawful purposes from other Pass Holders;
    • involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
    • includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
    • contains a virus or other harmful component.

In addition, any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Website is strictly prohibited. You may not attempt to override or circumvent any security components and usage rules of the Website. You are prohibited from engaging in any hacking, cracking, or other means of obtaining access to any Pass Holder’s account information or other data or communications not intended for you. We reserve all rights and remedies available to us, and we will not hesitate to pursue all available legal actions in response to violations of this Agreement.

  1. Responsibility for Content. You, and not Bicycle Transit Systems, are entirely responsible for any Content that you may upload, post, email, transmit or otherwise make available via the Website. We do not control the Content posted via the Website and, as such, we do not guarantee the accuracy, integrity or quality of such Content. When you post Content to the Website, you automatically authorize us and our affiliates, agents, owners, employees, contractors, representatives, successors, and assigns (“Related Parties”) to make such copies thereof as we may deem, in our sole discretion, necessary or appropriate. By posting Content to the Website, you automatically grant, and you represent and warrant, that you have the right to grant, to us and our Related Parties an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, sublicense, reformat, translate, excerpt, distribute, modify, prepare derivative works of, or incorporate into other works any Content for any purpose (commercial, advertising, or otherwise). You understand that by using the Website, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website.
  2. Rejection/Removal of Content. You acknowledge that we do not generally pre-screen or review Pass Holder Profiles or other Content posted on our Website. However, we will have the right (but not the obligation) in our sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Website, in our sole discretion, for any reason.
  3. Termination of Account or Access. We have the right in our sole discretion to restrict, suspend, or terminate your Account, or your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability. You may choose to terminate your pass at any time by notifying us by email at support@bikeshare.metro.net. Please allow us sufficient time to process termination requests. You understand that termination of your pass is your sole right and remedy with respect to any dispute with us. Following the cancellation or termination of your pass by you or by us for any reason, We will have no further obligation to save your Pass Holder Profile, communications via the Website or any of your settings, information or Content you have posted on or transmitted through the Website. We have the right to delete any personal information or other Content immediately following termination of your Account.
  4. Objectionable Content and Abuse. If you become aware of misuse of the Website by any person, if you find any Content on the Website that you feel is objectionable, or if you feel that any Pass Holder has violated the terms of this Agreement in any manner, please contact us (email: support@bikeshare.metro.net). Please include a description of the misuse of the Website or the objectionable Content or activity (along with the URL or a copy of the Content if possible) in your em We have no obligation to take any action whatsoever in response to any such notice, and the receipt of any such notice will not be deemed to create any duty or liability on the part of Bicycle Transit Systems.
  5. Preservation/Disclosure. You acknowledge, consent and agree that we may access, preserve and disclose your Account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Bicycle Transit Systems, its Pass Holders, and the public. Under no other circumstances will we intentionally disclose your account information to any third party.
  6. Non-commercial Use. The Website may not be used in connection with any commercial purposes, except as specifically approved by us. You may link to the home page of our Website, but any unauthorized framing of or linking to our Website, or any Content therein, is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from your Pass Holder Profile without notice and may result in termination of pass holder privileges.
  7. Ownership of Content. We do not claim ownership rights in any Content you post on or transmit through the Webs Subject to the non-exclusive license contained in the following paragraph, as between us and you, you will retain all intellectual property rights that you may have in any Content that you post on or transmit through the Website.
  8. License to Your Content. In order to be able to offer you the use of our Website, you are required to grant a license to Bicycle Transit Systems to use and distribute your Content. This enables us to permit other Visitors to the Website and Pass Holders to view and share your Content, and to display your Content in other places within the Website. Accordingly, by posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “posting”) any Content on or through our Website, you hereby grant to Bicycle Transit Systems a non-exclusive (meaning you can license the Content to other parties as well), fully-paid, royalty-free, irrevocable, worldwide license (including the right to sublicense) for the duration of copyright in your Content, to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through our Website, in print, or in any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution or consent. If you wish to remove any Content from the Website, your ability to do so may depend on the type of Content, the location and manner of posting, and other factors. You may contact us at support@bikeshare.metro.net to request the removal of certain Content you have posted, but Bicycle Transit Systems has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. In any case, a back-up or residual copy of any Content posted by you may remain on our servers after the Content appears to have been removed from our Websites, and we retain all rights granted in this paragraph to all such remaining copies. You represent and warrant that: (i) you own all right, title and interest in all Content posted by you on or through our Website, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through our Website does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, any other rights of any third party, or any terms of this Agreement.
  9. Bicycle Transit Systems and Third Party Content. Our Website contains Content of Bicycle Transit Systems (“Bicycle Transit Systems Content”), and Content of third party licensors to Bicycle Transit Systems (including content provided by you and other users of our Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Bicycle Transit Systems owns and retains all rights, title and interest in the Bicycle Transit Systems Content. Bicycle Transit Systems hereby grants to you a limited, revocable, non- sublicensable license to reproduce and display a single copy of the Bicycle Transit Systems Content and any third party Content located on or available through our Website (excluding any software code therein) solely for your personal, non -commercial use in connection with viewing our Website and using the features that appear on the Website. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Website.
  10. Other Sites. Our Website may contain links to other sites owned by third parties (e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their websites. We do not assume any responsibility or liability for the actions, product, and content of any such websites. Before you use any third party website, you should review the applicable terms of use and policies for such websites. The inclusion of a link in any of our Websites does not imply our endorsement of such third party website. If you decide to access any such linked websites, you do so at your own risk.
  11. Social Media Customer Use Policy. Bicycle Transit Systems engages our community through many digital outlets. Along with bikeshare.metro.net, we communicate with our customers through social media platforms, including but not limited to Facebook, Instagram and Twitter. These tools enable all of us to connect, share our interests and experiences, and engage in meaningful conversations. When engaging with Bicycle Transit Systems over social media, it is important to note that you are agreeing to the following terms and conditions of this Social Media Policy, which we hope will satisfy each community member’s need for expression, while maintaining each community member’s right to feel comfortable, safe, and confident their rights and obligations within our community.

Commenting on Bicycle Transit Systems Social Media Platforms:

Bicycle Transit Systems shares content (information, photos, video) with our community through external social media platforms. All comments posted to our social media platforms are moderated and if Bicycle Transit Systems, in our sole discretion, determines that any post or comment violates the terms and conditions of this Social Media Policy, then we may remove those comments or posts. Failure to comply with this Social Media Policy may result in deletion of content or termination of your access to Bicycle Transit System’s social media platforms.

  1. All comments or posts should be related to the content on Bicycle Transit Systems’ social media post. Bicycle Transit Systems’ social media accounts are not meant for comments that do not directly relate to the purpose or topic of the social media post.
  2. By using any Bicycle Transit Systems website or social media platform, you agree to be bound by the Terms of Use Agreement of bikeshare.metro.net, including this Social Media Policy. Content (information, photos, videos, etc.) you share with, or post to, our pages are also subject to the Terms of Use Agreement of our host site, and may be used by Bicycle Transit Systems for any purpose, in our sole discretion. For more information, consult our Terms of Use Agreement at bikeshare.metro.net.
  3. Be authentic. Include your real name and contact information when creating a Bicycle Transit Systems social media account, or any other related social media account. Do not impersonate another person or access the Bicycle Transit Systems social media platform from another person’s account. Do not share any other person’s personal information, or any other business’ proprietary information, without their express consent.
  4. Be honest, professional, and use your best judgment in all situations. If you would not show the content to a child or grandparent, it may not be appropriate to post.
  5. Do not upload anything that you do not own, unless you have express permission from the content’s owner. Comments advocating illegal activity, or posting of material that violates copyrights or trademarks of others, are prohibited. If you feel that something of yours has been posted without your consent, please see the Terms of Use Agreement for more information on reporting potential copyright violations.
  6. Use of Bicycle Transit Systems social media accounts for the promotion or advertisement of a business or commercial transaction is prohibited.
  7. The use of obscene, threatening or harassing language is prohibited. Personal attacks of any kind or offensive comments that target or disparage any ethnic, racial, age, or religious group, gender, sexual orientation or disability status are prohibited.
  8. If you share a Bicycle Transit Systems social media post (for example, sharing it on Facebook, re-tweeting it on Twitter, or in any other way on any social media platform), then you agree not to disparage Bicycle
    Transit Systems, portray Bicycle Transit Systems in a false light, or modify the Metro Bike Share post in any way.
  9. This Social Media Customer Use Policy is subject to amendment or modification at any time, in Bicycle Transit Systems sole discretion. Please review it regularly.

This comment policy is subject to amendment or modification at any time.

User-Generated Content: As we continue to build our community, users are welcome and encouraged to submit and post content, including photographs and videos, to Bicycle Transit Systems social media platforms where the content meets the standards articulated in this Social Media Policy. Users may only post their own, original content. Reproduced or borrowed content that reasonably appears to violate third party rights will be deleted. If you believe that a user has violated the terms of this Social Media Policy, then please contact Bicycle Transit Systems. Although we try to maintain a safe environment on our social media platforms, we are not responsible for the posts of any user and disclaim any liability for such posts. TO THE FULLEST EXTENT PERMITTED BY LAW, METRO BIKE SHARE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NONINFRINGEMENT, AND USEFULNESS, WITH RESPECT TO ANY CONTENT POSTED ON OUR SOCIAL MEDIA PLATFORMS.

  1. International Use. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data or personal information exported from the United States or the country in which you reside.
  2. Privacy Policy. Please review our Privacy Policy to learn what personal information we collect through this Website, how we use and share the personal information we collect, and some of the steps we take to protect your privacy. Our Privacy Policy is part of this Agreement. By agreeing to this Agreement, you are also agreeing to be bound by our Privacy Policy and all future amendments, modifications and changes thereto. You can access the this Agreement and the Privacy Policy at any time by clicking on the links for these documents on the Website.
  3. Copyright Policy. We have procedures to deal with allegations of copyright infringement occurring on our Website. We prohibit the uploading, posting, transmitting, sharing, or otherwise making available any material that violates another party’s intellectual property rights. We reserve the right in our sole discretion to immediately suspend and/or terminate access to our Website by any user who is alleged to have infringed on the intellectual property rights of us or of a third party, or otherwise violated any intellectual property laws or regulations. When we receive proper Notification of Alleged Copyright Infringement, as described below, we may promptly remove or disable access to any allegedly infringing material and may terminate any account of any repeat infringer, in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that your own copyrighted work is accessible on the Website or any service in violation of your copyright, then you may provide our Designated Agent with a written communication as set forth in the DMCA, 17 U.S.C. Sec. 512(c)(3) that contains substantially the following information:
    • Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed, so that we can locate the material. For example, “The copyrighted work is my content that appears at http://www.mywebsite.com/abc.” If multiple copyrighted works at a single online site are covered by your Notification, then you may provide a representative list of such works at that site.
    • Identify the URL or other specific location on the Website or service that contains the material that you claim infringes your copyright described in the item above. You must provide us with reasonably sufficient information to locate the alleged infringing material. For example, “The content at the following URL infringes on my copyright: http://www.website.com/subjectxyz.”
    • Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
    • Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
    • Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
    • Include your name, mailing address, telephone number, and email address.

You may submit your Notification of Alleged Copyright Infringement by sending a letter to our Designated Agent by mail or e-mail, as set forth below:

Metro Bike Share Designated Copyright Agent
E-Mail: support@bikeshare.metro.net

Please note that you could be liable for damages, including court costs and attorneys fees (whether incurred at trial, on appeal, or otherwise) if you materially misrepresent that any content on our Website or any service infringes any copyright. Filing a false form on this page constitutes perjury. On receiving a proper Notification of Alleged Copyright Infringement as described above, we may remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also may advise the alleged infringer of the DMCA statutory Counter Notification procedure described below, by which the alleged infringer may respond to your claim and request that we restore the material.

If you believe that your copyrighted material has been removed from the Website or service as a result of any mistake or misidentification, then you may submit a written Counter Notification to our Designated Agent, pursuant to 17 U.S.C. Sec. 512(g)(2) and (3) . To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following information:

  • Identification of the material that has been removed or disabled and the location at which the material had appeared before it was removed or disabled.
  • A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.
  • A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party’s agent.
  • Your name, mailing address, and telephone number.
  • A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification.
  • Your physical or electronic signature.

You may submit Your Counter Notification by sending a letter to Our Designated Agent by mail or e-mail as set forth above.

If you send us a valid written Counter Notification meeting the requirements described above, then we may restore your removed or disabled material no later than 14 business days from the date on which we received your Counter Notification, unless our Designated Agent first receives a notice from the party filing the original Notification of Alleged Copyright Infringement that informs us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, then you could be liable for damages, including costs and attorneys fees (whether incurred at trial, on appeal, or otherwise). Filing a false form on this page constitutes perjury.

  1. Term and Termination. The term of this Agreement begins when you first use the Website, and it ends 10 years after your last visit to the Website. At any time and from time to time, and without your consent, we may unilaterally terminate your right to use the website and expel you from the website, in our sole discretion and without any notice or cause. This Agreement remains in full force and effect after terminating your right to use the Website or after expelling you from the Website. If you wish to terminate your pass, please follow the instructions on the FAQ page for the Website or email us at support@bikeshare.metro.net.
  2. Disclaimer of Warranties. You expressly understand and agree that:YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BICYCLE TRANSIT SYSTEMS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (THE “BICYCLE TRANSIT SYSTEMS PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE, AND ANY THIRD PARTY WEBSITES WITH WHICH THEY ARE LINKED.. THE BICYCLE TRANSIT SYSTEMS PARTIES MAKE NO WARRANTY: (I) THAT THE WEBSITE OR THE FEATURES OFFERED ON THE WEBSITE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES); (II) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; AND (III) THE QUALITY OF THE BICYCLES, CONTENT, PRODUCTS, SERVICES, INFORMATION OR ANY MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  3. Limitation of Liability. YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT THE BICYCLE TRANSIT SYSTEMS RELATED PARTIES ARE NOT LIABLE FOR ANY INJURY, LIABILITY, CLAIM, LOSS, DAMAGE, EXPENSE, COST (INCLUDING ATTORNEYS FEES INCURRED AT TRIAL, ON APPEAL, OR OTHERWISE), DEBT, FINE, CHARGE, OR LIEN, WHETHER DIRECT OR INDIRECT, INCLUDING CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, LOST PROFITS, OR OTHERWISE, THAT ARISES OUT OF OR RELATES TO (A) THIS AGREEMENT, (B) YOUR USE OR INABILITY TO USE THE SERVICE, (C) YOUR USE OF ANY INFORMATION, (D) ANY UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR (E) ANY ACTION OR INACTION OF ANY OTHER USER. YOU DO HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT TO THE FOREGOING, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY AND ALL CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER CLAIMS ARISING OUT OF OR RELATING TO (I) THIS AGREEMENT, (II) YOUR USE OR INABILITY TO USE THE SERVICE, (III) YOUR USE OF ANY INFORMATION, (IV) ANY UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR (V) ANY ACTION OR INACTION OF ANY OTHER USER IS LIMITED TO THE SUM OF $100. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
  4. Indemnity. You agree to indemnify, defend, and hold harmless the Bicycle Transit Systems Parties from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from or relating to (i) this Agreement, (ii) your use or inability to use the services, (iii) your use of any information, (iv) any unauthorized access or alteration of your transmission or data, (v) any action or inaction by any other user or pass holder.
  5. Additional Terms. We may also require you to follow additional rules, guidelines or other conditions
    (“Additional Terms”) in order to participate in certain promotions or activities available through our Website, to obtain certain premium Content through our Website, or for other reasons. These Additional Terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific promotions, Content, or activities. These Additional Terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
  6. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently our Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Website.
  7. 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. At any time and from time to time, and without your consent, we may unilaterally amend or modify this Agreement, in our sole discretion and without any notice or cause.
  8. Choice of Law and Forum. This Agreement and the relationship between you and Bicycle Transit Systems will be governed by the laws of the State of California without regard to its conflict of law provisions. You and Bicycle Transit Systems agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles, California.
  9. Waiver and Severability of Terms. The failure of Bicycle Transit Systems to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
  10. Limitation on Actions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Websites or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  11. Representations. Each party (“Promising Party”) represents and warrants to the other party that: (i) the Promising Party has the legal power and authority to enter into this Agreement and to undertake and perform all of its duties and obligations hereunder; (ii) there is no contract or other legal obligation that prevents the Promising Party from entering into this Agreement or from undertaking or performing all of its duties and obligations hereunder; and (iv) this Agreement is the Promising Party’s legally binding and fully enforceable agreement.
  12. Electronic Communications. When you visit the Website or send emails to us, you are communicating with us electronically. As a result, you thereby consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically or post on the Website satisfy any legal requirement that such communications be in writing.
  13. Questions. If you have any questions regarding this Agreement, please contact us by email at support@bikeshare.metro.net.