User Agreement
PLEASE READ THIS ENTIRE AGREEMENT. IT IS A CONTRACT BETWEEN YOU AND FLY BIKE, INC. DBA FLY, ITS PREDECESSORS, SUCCESSORS, AFFILIATES AND SUBSIDIARIES (“FLY”) AND GOVERNS YOUR ACCESS TO AND USE OF ANY AND ALL PRODUCTS AND SERVICES THAT FLY BIKE PROVIDES. ANY AND ALL USE OF SKIP’S PRODUCTS AND SERVICES, INCLUDING ACCESS OF OR USE OF SCOOTERS, OR ACCESS TO THE WEBSITE OR ACCESS TO THE MOBILE APPLICATION, AND/OR ANY PRODUCT OR SERVICE RELATED TO USE OF ITS SCOOTERS, IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT.
The policies below are applicable to the Fly network of websites that link to these Terms of Service (including any versions optimized for viewing on a wireless or tablet device) email newsletters published or distributed by Fly Bike; apps published by Fly Bike, including the “Fly” app; or any other services, interactive features, and communications made available by Fly Bike, however accessed and/or used, that are operated by us, made available by us, or produced and maintained by us and our related companies
BY USING OUR SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SERVICES. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF SERVICE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY.
This is a legal agreement between “you” or the “user” and Fly Bike Inc. that states the material terms and conditions that govern your use of the Services. This agreement, together with all updates, supplements, additional terms, and all of Fly Bike’s rules and policies collectively constitute this “Agreement” between you and Fly.
Use Of The Product:
You are the Sole User of the Services : Subject to Section 1.3 below regarding the limited use of Bikes by minors, You certify and expressly agree that You are the sole renter and You are responsible for compliance with all terms and conditions contained in this Agreement. You understand that when You activate a Product, the Product must be used ONLY BY YOU. You must not allow others to use a Product that You have activated.
You are At Least 18 Years Old : You represent and certify that You are at least 18 years old, and that You have a valid driver’s license.
1. Minor Use of Bikes : You may allow a minor who is at least 16 years of age to use a BIKE ONLY, subject to the following conditions:
2. You are the minor’s parent or legal guardian;
3. You assume full financial and/or any other responsibility for any and all misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, as a result of the minor’s use of the Bike and/or any of the Services;
4. You expressly guarantee, represent, and warrant that You and the minor are bound by this Agreement and all of the terms herein;
5. You expressly guarantee, represent, and warrant that You will supervise the minor at all times while the minor is using the Scooter;
6. You expressly guarantee, represent, and warrant that You have instructed the minor how to conduct the requisite safety check of the Bike prior to use;
7. You expressly guarantee, represent, and warrant that the minor is wearing a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions at all times while riding the scooter
OPERATION OR USE OF ANY SCOOTER BY ANY MINOR IS EXPRESSLY PROHIBITED. IF YOU ALLOW A MINOR TO USE A E-SCOOTER BY ACTIVATING IT THROUGH YOUR ACCOUNT, YOU SHALL BE RESPONSIBLE FOR ANY AND ALL MISUSE, CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN.
Payment Fees and Fines:
1. You agree to pay any fines, fees, penalties, impounding charges, court costs, traffic tickets, tolls, and/or any other charges incurred by Lime, that result from You parking any Product improperly, or as a result of You violating any law, rule, regulation, and/or ordinance while using the Services.
2. You agree that We may, in Our sole discretion, pay all tickets, citations, fines and/or penalties on Your behalf directly to the appropriate authority, and You will pay us for what we paid to the appropriate authority or their designated agent(s) plus a reasonable administrative fee. You agree and acknowledge that we cooperate with all federal, state, municipal and local officials charged with enforcing infractions to provide any information necessary as they may request or may otherwise be required.
3. You authorize Us to bill You directly to the credit/debit card and/or other payment method You used to rent the Product.
4. You authorize Us to contact You directly regarding any tickets, citations, fines and/or penalties incurred by You or assessed against Us or to Our Product while the Product was rented to You.
5. You agree to pay all costs and collection fees including but not limited to administrative and legal costs to such agent upon demand without protest.
6. You agree to indemnify and hold us harmless for any tickets, citations, fines, penalties and/or administrative fees incurred as a result of Your use of Our Services.
YOU EXPRESSLY CERTIFY AND AGREE THAT YOU WILL NOT:
1. Operate any Product in violation of any laws, rules, regulations, and/or ordinances, including any and all rules pertaining to riding any Products on sidewalks and/or parking Products.
2. Operate any Product while carrying any briefcase, backpack, bag, or other item if it impedes Your ability to operate safely the Product.
3. Use any cellular telephone, text messaging Device, portable music player, and/or any other Device that may distract You from safely.
4. Carry any other person on any of the Products.
5. Use locking mechanisms other than those provided by Fly Bike Inc.
6. Park any Product in a manner that does not strictly comply with all applicable laws, rules, regulations, and/or ordinances.
7. You agree that You will not use any Product for racing, mountain riding, stunt, or trick riding.
8. impersonate any person or entity.
9. solicit money from any other user of Fly Bike’s Services, including any rider.
10.“stalk” or otherwise harass any person.
11.express or imply that any statements you make are endorsed by Fly without our specific prior written consent.
12.Take video, audio, photographs, or images of another Fly user without his or her permission (or in the case of a minor, the minor’s legal guardian).
13.Take any action that may undermine the efficacy or accuracy of reviews or ratings systems maintained by Fly.