Term of Use (Bike, E Bike, Scooter & Moto Scooter)
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you and Lyberi LLC that governs your access to and use of any and all products and services that Lyberi LLC and its subsidiaries and affiliates provide, including, without limitation, (i) the Lyberi website located at https://www.lyberi.com (the “Site”), (ii) any vehicle or other transportation device provided by Lyberi LLC, including but not limited to, bicycles, electric bicycles, electric kick scooters, moto scooter and any other transportation device provided by Lyberi (collectively, “Lyberi LLC”), (iii) any other equipment, product or services that relate to or concern the rental or use of Lyberi LLC, and (iv) any other features and/or services offered by Lyberi (v)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 LYBERI 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 LYBERI LLC ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER INANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
IN ADDITION, THIS AGREEMENT CONTAINS DISCLAIMERS,ASSUMPTION-OF-RISK PROVISIONS, AND A RELEASE OF LIABILITY (THE “RELEASE OFLIABILITY”), SECTION 2 OF THESE TERMS.
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND LYBERI LLC. BY ACCESSING OR USING THE SERVICES:
- You acknowledge that you’ve read, understood, and accept these Terms and any additional documents or policies referred to in or incorporated into these Terms (including, without limitation, the Privacy Policy (as defined below) and the Release of Liability);
- 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 sixteen (16) years of age, and, as applicable, at least the age of majority in your jurisdiction or province of residence, 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.
These Terms refer to our Privacy Policy (“Privacy Policy”), hereby incorporated by reference, which also applies to your use of the Services and which sets out the terms on which we process any personal data we collect from you, or that you provide to us. In the event that you are required to agree to an additional governing agreement, including without limitation a terms of use, end user license agreement, privacy policy, contest, sweepstakes or promotion terms (collectively, “Other Governing Agreement”), in order to use, access and/or download a particular product or service, the Other Governing Agreement will govern to the extent there is a conflict between these Terms and the Other Governing Agreement (but all other provisions in these Terms that are not in conflict will apply).
Please read these Terms carefully, as they may have changed. Though your access and use of the Services is governed by the Terms effective at the time, please note that, except for Section 12, providing for binding arbitration and a waiver of class action rights, where applicable, Lyberi LLC reserves the right at its sole discretion to modify or replace the Terms at any time. If you have provided us your email through the Services, we will notify you of material changes as required by applicable law. We also will indicate at the top of this page the date that material revisions were last made.
If you do not agree to these Terms, the Privacy Policy, or the Release of Liability, you must immediately cease using the Services.
1. YOUR USE OF THE LYBERI BIKES, E BIKE, SCOOTERS, MOTO SCCOTER AND OTHER SERVICES
1.1. You are the sole operator of the Services. You and Lyberi LLC are the only parties to these Terms, and you are therefore the only authorized operator of a Lyberi LLC Bikes, E bike, Scooter and Moto Scooter that you rent or, as applicable, a third party service or that enables you to access or rent Lyberi LLC Bikes, E bike, Scooter and Moto Scooter (“Third-Party Provider”). You represent, warrant, and covenant that you will not permit another person, either alone, or together with you, to use any Lyberi LLC Bikes, E bike, Scooter and Moto Scooter rented by you. 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 Lyberi LLC Bikes, E bike, Scooter and Moto Scooter, or any third party’s use of any Lyberi LLC Bikes, E bike, Scooter and Moto Scooter rented by you or, as applicable, a Third-Party Provider.
1.2. You are the age of majority. You represent and warrant that you are at least sixteen (16) years of age, and at least the age of majority in your jurisdiction or province of residence.
1.3. You will inspect the Lyberi LLC Bikes, E bike, Scooter and Moto Scooter before operating it. You represent, warrant and covenant that, before each use of a Lyberi Bikes, E bike and Scooter, you will conduct a basic safety inspection of such Lyberi Bikes, E bike and 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 Lyberi if you identify a Safety Issue and are prohibited from riding any Lyberi LLC Bikes, E bike, Scooter and Moto 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 Lyberi LLC Bikes, E bike, Scooter and Moto Scooter, are physically fit to use and do not have any health problems or medical conditions that would make using a Lyberi LLC Bikes, E bike, Scooter and Moto Scooter unsafe in any way.
1.5. You will not engage in distracted operation of the Lyberi LLC Bikes, E bike, Scooter and Moto Scooter. You represent, warrant, and covenant that, for the duration of your operation you will not use any cellular telephone, text messaging device, portable music player, or any other device that may distract you from operating the Lyberi LLC Scooter safely, including the use of hands-free technology.
1.6. You will not use the Lyberi LLC Bikes, E bike, Scooter and Moto Scooter when hazardous conditions are present. You represent, warrant, and covenant that you will not use a Lyberi Bikes, E bike and 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 is prohibited, illegal, and/or is a nuisance. You acknowledge and agree that Lyberi LLC does not provide or maintain places at or on which to ride and that Lyberi 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.
1.7. You will not use the Lyberi LLC Bikes, E bike, Scooter and Moto Scooter if your ability to use it is impaired. You represent, warrant, and covenant that you will not ride while under the influence of drugs, alcohol, medication, and/or any other substance that may impair your ability to ride.
1.8. You will not race or perform stunts , use the Lyberi LLC Bikes, E bike, Scooter and Moto Scooter to propel or tow any vehicle, trailer, or other object.
1.9. You will not place anything on the Lyberi LLC Bikes, E bike, Scooter and Moto Scooter or use the 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 or use the 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 or otherwise impede your ability to safely ride it. YOU MUST NOT EXCEED THE WEIGHT LIMIT (220 POUNDS UNLESS OTHERWISE INDICATED).
1.10. You will not use for commercial purposes. You represent, warrant, and covenant that you will not use for any commercial purposes, including, without limitation, for hire, reward, ride share, food delivery, or advertising services.
1.11. You will not tamper with, alter, or vandalize the Lyberi LLC Bikes, E bike, Scooter and Moto Scooter. You represent, warrant, and covenant that you will not tamper with, alter in any way, or vandalize.
1.12. You will use in compliance with all applicable laws, rules, regulations, and ordinances. You represent, warrant, and covenant that you will only use 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.
1.13. You will park the Lyberi LLC Bikes, E bike, Scooter and Moto 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 in lawful parking spots in an upright position and will not park 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 to the store in clean and working condition after your use. You will not use any locking mechanism to lock other than one provided by Lyberi LLC unless otherwise directed by Lyberi LLC.
1.14. You will use the 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 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.
1.15. You will return the Lyberi LLC Bikes, E bike, Scooter and Moto Scooter in the condition in which you rented it. You represent, warrant, and covenant that you will return the Lyberi LLC Bikes, E bike, Scooter and Moto Scooter in the condition in which you rented it, except for any ordinary wear and tear.
1.16. You must report any accident, crash, damage, personal injury, traffic violation, or stolen or lost Lyberi LLC Bikes, E bike, Scooter and Moto Scooter as soon as possible. If a crash involves personal injury, property damage, or a stolen, 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.
1.17. You will not rent the for more than 8 hours at a time, if you require to rent for more than 8 hours you must notify us in advance. The rental time of the vehicle must be between 8:00 and 20:00. If you require more time you must notify us in advance. The vehicle must be returned to our location by 20:00.
1.18. THE FOREGOING LIST IS NOT INTENDED TO BE EXHAUSTIVE AND ANY UNREASONABLE OR INAPPROPRIATE USE OF A Lyberi LLC Bikes, E bike, Scooter and Moto Scooter, AS DETERMINED BY Lyberi LLC Bikes, E bike, Scooter and Moto Scooter 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 Lyberi LLC does not control, and has no right to control, you or other third parties with whom you may come into contact while using the Lyberi Services, including, without limitation, pedestrians, bikers, other users of Lyberi LLC Bikes, E bike, Scooter and Moto Scooter, 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’ OR LEGAL 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 LYBERI BIKE, E BIKE, SCOOTER OR MOTORCYCLE SCOOTER) YOU HEREBY ACCEPT AND AGREE TO THIS “RELEASE OF LIABILITY,” including any defined terms therein.
You acknowledge that use of Lyberi’s vehicle or other transportation device, including but not limited to, bicycles, electric bicycles, electric scooters and moto scooter, as well as any other equipment, product or services that relate to or concern the rental or use of a Lyberi LLC Bikes, E bike, Scooter and Moto 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 Lyberi LLC Bikes, E bike, Scooter and Moto Scooter, the Services, the Site, and/or any of the equipment that Lyberi provides to You (collectively the “Released Claims”). “Released Persons” as used herein means (i) Lyberi LLC, 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 Lyberi LC has contracted or at which LyberiLLC is providing Services, and each of Lyberi’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, legal counsel, 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 asa full and complete defense to any Claim.
You are aware that your use of any of the Services, Lyberi LLC Bikes, E bike, Scooter and Moto Scooter and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to you or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:
vehicles and other objects;
● pedestrians;
● traffic;
● Lyberi LLC Bikes, E bike, Scooter and Moto Scooter or component malfunction;
● road conditions, including cracks, potholes, or other sidewalk/pavement defects;
● weather conditions;
● automated reductions in vehicle speed in “no-ride” or “low-speed”zones to 0 mph or slow speeds as designated by local authorities or requested by local businesses;
● failure to follow applicable laws regarding use and/or operation
to Sections 1.12, 1.13, and 1.14;
● commission of any of the prohibited acts listed in Section 1;
● failure to perform the required safety check pursuant to Section1.3;
● failure to wear a helmet where required by law; and
● negligent acts oromissions by Spin, any other Released Person, or third parties.
You are solely and fully responsible for the safe operation of Lyberi LLC Bikes, E bike, Scooter and Moto Scooter at all times. You agree that are machines that may malfunction, even if the vehicle is properly maintained and that such malfunction may cause injury. You also agree that roadways, bike paths, and sidewalks may contain hazardous defects, including but not limited to cracks, potholes, or uplifts. You assume full and complete responsibility for all related risks, dangers, and hazards.
To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of Lyberi LLC, the Released Parties, any Municipality or any other party. You hereby expressly waive any claims against the Released Parties, any Municipality or any other party which you do not know or suspect to exist in your favor at the time of use of Services, and expressly waives your rights under any statutes that purport to preserve your unknown claims.
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.
3. FEES AND RESPONSIBILITY FOR COSTS
3.1. Method of Payment, You hereby authorize Lyberi LLC to charge your Card or other payment method via the web site or via another authorized third-party payment processor (e.g., Stripe, Zelle 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 accurate, current, and complete information when adding a Card or other payment method and it is your obligation to keep such information up-to-date at all times. You represent and warrant that you are authorized to use any Card or other payment method you furnish to us.
You authorize us and/or our third-party payment providers to store information about your Card or other payment method for the purpose of charging you Fees for use of the Services
3.2. Returns and Lost/Stolen Bike, E bikes, Scooters and Motorcycle Scooter. You are responsible for properly Returning in order to end your ride. If you fail to Return, Lyberi LLC may, in its sole discretion, charge you an additional pick-up fee up to $100. If any Lyberi LLC Bikes, E bike, Scooter and Moto Scooter rented by you is abandoned without notice, you will be responsible for all trip fees until the Lyberi LLC Bikes, E bike, Scooter and Moto Scooter is recovered, plus a service charge to recover. Fees are subject to change. This does not apply if you were unable to return without any fault on your own.
If you fail to Return a Lyberi LLC Bikes, E bike, Scooter and Moto Scooter within 8 hours of the time we will consider that Lyberi Bikes, E bike and Scooter lost or stolen and we may charge you a Fee of up to $1,300 for each Bikes, E bike, Scooter and Moto Scooter, and a police report may be filed. Lyberi LLC may also charge a service Fee of $30 for rentals in excess of 8 hours where the Lyberi LLC Bikes, E bike, Scooter and Moto Scooter is not lost or stolen.
Lyberi LLC and you agree that the last user who rented shall be responsible for a lost or stolen unless facts and circumstances suggest otherwise to Lyberi LLC in its reasonable, good faith determination. If Lyberi LLC deems lost or stolen, Lyberi shall have the authority to take any and all actions it deems appropriate (with respect to the last user who rented a Lyberi LLC or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. You agree the data generated by Lyberi’s computers and systems is conclusive evidence of the period of use of a user of a Lyberi Bikes, E bike and Scooter.
4. Fines.
4.1 You are fully responsible and liable for any Fees that are charged to you by us or a third party (including any Third-Party Provider) in connection with your use of a Lyberi LLC Bikes, E bike, Scooter and Moto Scooter or use of a Lyberi LLC Bikes, E bike, Scooter and Moto Scooter under your account credentials, including, but not limited to, traffic violations, late payments, fines, penalties, impounding charges, court costs, and/or any other Fees based on improper parking or a result of your violation of any law, rule, regulation, and/or ordinance when using a Lyberi LLC Bikes, E bike, Scooter and Moto Scooter.
4.2 After providing you with reasonable notice and an opportunity to object, you agree that Lyberi may, in its sole discretion, pay any ticket, citation, fine, and/or penalty on your behalf directly to the appropriate authority and bill such payment as a Fee to your account, and you will pay us for such Fees plus a reasonable administrative Fee. In the event we use a third-party collection and/or administrative agent to resolve any such tickets, citations, fines and/or penalties, you must pay all costs and collection charges including, without limitation, administrative and legal costs to such agent upon demand without protest.
4.3. Damages. You are fully liable for all damages, losses, claims, consequences, demands, causes of action, injuries, costs, and liability in connection with your use of a Lyberi Bikes, E bike and Scooter or use of rented by you or used under your account credentials or your credentials with a Third-Party Provider, including, without limitation, (i)physical or mechanical damage, (ii) loss due to theft, (iii) physical damage resulting from vandalism, (iv) bodily injury to you or a third party, (v) third party claims, (vi) actual charges for towing, storage and/or impound fees paid by Lyberi, and (vii) administrative charges, including the cost of appraisal and other costs and expenses incident to the damage or loss. YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING OR DAMAGE TO A SPIN SCOOTER. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT.
5. LIMITATIONS
5.1. Limitations on Services. Lyberi reserves the right to limit in its sole discretion the provision of the Services to any person, geographic region or jurisdiction. There may be times when we need to disable the Site and/or other Services either temporarily or permanently. The Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability to you.
5.2. The Vehicle or Electric Vehicle. Lyberi LLC Bikes, E bike, Scooter and Moto Scooter is an electric vehicle that requires periodic charging. You represent and warrant that you have read and understand that: (i) it is your responsibility to check the level of charge power and to ensure it is adequate before initiating using; (ii) the level of charge power in the at the time you initiate a rental or use is not guaranteed and will vary with each use; (iii) the level of charge power will decrease as you continue to use it, the rate at which it will decrease will vary, and as it decreases, the speed and/or other operational capabilities will decrease or cease in their entirety; (iv) the distance and/or time that you may use before it loses charge power is never guaranteed; and (v) may run out of charge power and cease to operate at any time during your use, regardless of whether you have reached your desired destination. You are prohibited from charging, unless otherwise directed by Lyberi LLC Bikes, E bike, Scooter and Moto Scooter. By choosing to charge a Lyberi LLC Bikes, E bike, Scooter and Moto Scooter, you assume full and complete responsibility for all related risks, dangers, and hazards, and agree that Spin and all other Released Persons (defined below in Section 6) are not responsible for any injury, damage, or cost caused by you with respect to any person or property, including itself, directly or indirectly related to the charging.
6. DISCLAIMERS
YOU HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, NEITHER LYBERI LLC NOR ANY OTHER RELEASED PERSONS ARE 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) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, (C)YOUR BREACH OF THESE TERMS AND/OR YOUR VIOLATION OF ANY LAW, ON AND/OR INACTION BY YOU, (E) YOUR FAILURE TO WEAR A SNELL-, CPSC-, ANSI- OR ASTM- APPROVED HELMET THAT HAS BEEN PROPERLY SIZED, FITTED AND FASTENED ACCORDING TO THE MANUFACTURER’S INSTRUCTIONS WHILE USING ANY PRODUCT, AND/OR (F) ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION OR INACTION OF ANY THIRD PARTY.
SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF VARIOUS WARRANTIES, SO ONE OR MORE OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER THOSE LAWS.
7. INDEMNIFICATION
Without limiting the Release of Liability and Limitation of Liability, you agree to defend, indemnify, and hold harmless the Released Persons from and against any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, fines, tickets, attorneys’ or legal fees, judgments, suits, settlements, and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, that directly or indirectly arise from or are related to any claim, suit, action, demand, investigation or proceeding made or brought against any Released Person, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your use of the Services and your activities in connection with the Services; (ii) your User Content; (iii) your breach or alleged breach of these Terms or any Other Governing Agreement; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services; (v) information or material transmitted through your account or mobile phone or other device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) the Released Persons’ use of the information that you submit to us (collectively, “Claims”). You will cooperate as fully required by the Released Persons in the defense of any of the foregoing. Notwithstanding the foregoing, the Released Persons retain the exclusive right to settle, compromise, and pay any and all such Claims. Released Persons reserve the right to assume the exclusive defense and control of any Claims. You will not settle any Claims without, in each instance, the prior written consent of an officer of a Released Person.
YOU ACKNOWLEDGE THE USE OF LYBERI LLC BIKES, E BIKES SCOOTER AND MOTO SCOOTER ON CITY STREETS INCREASES RISK OF HARM DUE TO PAVEMENT DEFECTS OR OTHER ROAD HAZARDS. YOU EXPRESSLY WAIVE ALL CLAIMS AGAINST MUNICIPALITY FOR HARM CAUSED BY MUNICIPALITY’S NEGLIGENCE OR DANGEROUS CONDITIONS ON PUBLIC PROPERTY.
Certain cities require, as a condition of its operating permit, license, or contract, that lyberi indemnify those municipal entities for claims that arise from the Services, and/or to name that municipal entity as an additional insured under Lyberi’s insurance policies. Notwithstanding any possible claims against such municipal entities related to the Services, you assume the risk of operating Lyberi Bikes, E bike and Scooter on potentially hazardous city streets and agree to release and hold harmless municipal entities for any claims that arise from your use of the Services.
To the fullest extent permitted by law, you agree to indemnify and defend Spin and all of its owners, managers, affiliates, employees, contractors, fleet management service providers, officers, directors, shareholders, agents, representatives, successors, assigns (collectively, the “Indemnified Parties”) against any such claims, litigation, and settlement, including any litigation costs or attorneys’ fees, which may instituted by or on behalf of you, or by any person or entity in connection with your use of the Services, Lyberi LLC Bikes, E bike, Scooter and Moto Scooter or related equipment, against municipal entities where such claim, litigation, or settlement is subject to Lyberi’s indemnification obligations or insurance policies as described in the preceding paragraph.
or related equipment, against municipal entities where such claim, litigation, or settlement is subject to Lyberi’s indemnification obligations or insurance policies as described in the preceding paragraph.
on potentially hazardous city streets and agree to release and hold harmless municipal entities for any claims that arise from your use of the Services.
To the fullest extent permitted by law, you agree to indemnify and defend Lyberi LLC and all of its owners, managers, affiliates, employees, contractors, fleet management service providers, officers, directors, shareholders, agents, representatives, successors, assigns (collectively, the “Indemnified Parties”) against any such claims, litigation, and settlement, including any litigation costs or attorneys’ fees, which may instituted by or on behalf of you, or by any person or entity in connection with your use of the Services, Lyberi LLC Bikes, E bike, Scooter and Moto Scooter or related equipment, against municipal entities where such claim, litigation, or settlement is subject to Lyberi’s indemnification obligations or insurance policies as described in the preceding paragraph.