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Terms & Conditions

RYDABLES RENTAL AGREEMENT, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND RELEASE AGREEMENT

Effective Date:  September 1st, 2024

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VEHICLE/SERVICE.

In consideration of Your use of any of the RYDABLES Vehicles/Services (defined below) provided by RYDABLES, LLC, a Ohio limited liability company d/b/a RYDABLES (“RYDABLES”), RYDABLES requires that You (“Driver/Rider,” “You,” or “Your”) (acting for all of Driver/Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all terms and conditions in this RYDABLES Rental Agreement, Waiver of Liability, Assumption of Risk and Release Agreement (this “Agreement”).

The services (“SERVICE,” “SERVICES”) provided by RYDABLES include (1) RYDABLES mobile application and related website; (2) RYDABLES Electric Vehicles (the “Vehicle” or “Vehicles”); (3) discretionary charging of the Vehicle by Driver/Rider per Section 1.15 below, and (4) all other related equipment, personnel, services, applications, websites, and information provided or made available by RYDABLES (collectively, the “RYDABLES Services”).

In addition to the Terms of Service, located at www.RYDABLES.com/terms-and-conditions, You expressly agreed to, when you signed up for RYDABLES, You should CAREFULLY READ all terms and conditions before entering into this Agreement, but here is a partial list of some of the terms that RYDABLES wants to bring to Your initial attention in the event You are on a smartphone or other device with a small screen.  Capitalized terms have the meanings given to them where defined in this Agreement.

THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS, AND ASSUMPTION-OF-RISK PROVISIONS AND A BINDING ARBITRATION AGREEMENT THAT LIMIT YOUR LEGAL RIGHTS AND REMEDIES.  FOR MORE DETAILS, PLEASE REFER TO SECTIONS 9 AND 15 BELOW.

  1. The Vehicle must be locked at the conclusion of the ride.  If the Vehicle is not locked, the trip will continue and You will continue to be charged.  The max charge for a single trip is $720 for 24 hours.  For more details, please refer to Section 2.3 below.
  2. Upon conclusion of Your ride, the Vehicle must be parked at a lawful/RYDABLES-approved parking spot/location, i.e. the Vehicle cannot be parked on private property or in a locked area or in any other non‑public space.
  3. All applicable laws (including, without limitation, those applicable to traffic, pedestrians, parking, charging and electric Vehicles) must be obeyed, including any helmet laws in Your area. You agree that you will comply with all applicable provisions of the City’s Municipal Code and/or the location/venue where you are riding.
  4. You must promptly report any damaged or malfunctioning Vehicles to RYDABLES via the RYDABLES mobile application (the “RYDABLES App”) and via e‑mail.
  5. RYDABLES expressly agrees to let, and the Driver/Rider expressly agrees to take on, rental of the Vehicle subject to the terms and conditions set out herein.  Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in U.S. dollars.

 

  1. GENERAL RENTAL AND USE OF VEHICLE.

1.1.      Driver/Rider is Sole User.  RYDABLES and the Driver/Rider are the only parties to this Agreement. The City/Location/Venue where used is a third party beneficiary of this Agreement and not a party to this Agreement. Without becoming a party to this Agreement, the City/Location/Venue may assert against the Driver/Rider any indemnification, release, assumption of risk, and other related provisions made by the Driver/Rider in favor of the City/Location/Venue under this Agreement. In the defense of any claim made against the City/Location/Venue, RYDABLES may assert, on behalf of the City/Location/Venue, any indemnification, release, assumption of risk, and/or other related obligations of the Driver/Rider made to the City/Location/Venue under this Agreement.  The Driver/Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein.  You understand that when You activate a Vehicle from the location, the Vehicle must be used only by You.  You must not allow others to use a Vehicle that You have activated from the location.

1.2.      Driver/Rider is At Least 18 Years Old.  Driver/Rider represents and certifies that Driver/Rider is at least 18 years old. (Refer to Section 16 for a complete description of the only four (4) approved riding arrangements.)

1.3.      Driver/Rider is a Competent Vehicle Operator.  Driver/Rider represents and certifies that he/she is familiar with the operation of the Vehicle, and is reasonably competent and physically fit to ride the Vehicle.  By choosing to ride a Vehicle, Driver/Rider assumes all responsibilities and risks for any injuries or medical conditions.  You are responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat, road and sidewalk conditions (including tracks or objects placed on the public right of way), or electrical storms, make it dangerous to operate a Vehicle.  You are advised to adjust Your riding behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.

1.4.      Vehicle is the Exclusive Property of RYDABLES.  Driver/Rider agrees that the Vehicle and any RYDABLES equipment attached thereto, at all times, remain the exclusive property of RYDABLES.  You must not dismantle, write on, or otherwise modify, alter, tamper with, repair or deface a Vehicle, any part of a Vehicle, or other RYDABLES equipment in any way.  You must not write on, peel, or otherwise modify or deface any sticker on a Vehicle in any way.  You must not use a Vehicle, or other RYDABLES equipment, for any advertising or other commercial purpose without the express written permission of RYDABLES.

1.5.      Vehicle Operating Hours and Vehicle Availability.  Driver/Rider agrees and acknowledges that the Vehicles are not available 24 hours a day, 7 days/week, 365 days per year.  Vehicles must be rented within the maximum rental time limits set forth below.  The number of Vehicles are limited, and Vehicle availability is never guaranteed.

1.6.      Vehicle May be Used and/or Operated only in Approved Areas.  Driver/Rider agrees to only use, operate, and/or ride the Vehicle in Approved Areas in which it is safe and legal to do so.

1.7.      Driver/Rider Must Follow Laws Regarding Use and/or Operation of Vehicle.  Driver/Rider agrees to follow all laws pertaining to the use, riding, parking, charging, and/or operation of the Vehicle, including all state and local laws and the rules and regulations pertaining to Vehicles in the area/location/venue where You are operating the Vehicle, including any helmet laws.  Driver/Rider also agrees to act with courtesy and respect toward others while using the RYDABLES Services.

1.8.      Prohibited Acts.

Driver/Rider agrees to the following:

1.8.1.   RYDABLES recommends against operation of a Vehicle while carrying or holding a briefcase, backpack, bag, or other item that can alter balance or impair safe operation of the Vehicle.  If You choose to use such an item, RYDABLES recommends that You ensure the item fits snugly to Your body and does not impede Your ability to operate the Vehicle safely.

1.8.2.   You must not place heavy objects on the handlebar of the Vehicle, such as heavy backpacks or bags.

1.8.3.   While riding a Vehicle, You must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from operating the Vehicle safely.

1.8.4.   You must not operate a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to operate a Vehicle safely.

1.8.5.   You must not carry, in your arms, a second person or child on a Vehicle.  A second or third Child (up to age 12) must be able to sit up on their own and sit in front of the Driver (who is 18 years old or older).  If unable to sit up on their own, the child must be held securely in a carrier and safely secured to the Driver (front or back).  Please refer to Section 16 for a complete explanation of the only four (4) approved riding arrangements.

1.8.6.   You may only use locking mechanisms provided by RYDABLES.  You may not add another lock to the Vehicle or lock a Vehicle to anything.

1.8.7.   The Vehicle must be parked at a lawful, approved parking spot, in an upright position with all four (4) wheels on the ground. The Vehicle cannot be parked on unauthorized private property, in a locked area, or in any other unapproved non‑public space.  You should not park the Vehicle in heavily trafficked areas if the Vehicle is in danger of blocking any access.

1.8.8.   The Vehicle must be parked in a space that is visible.

1.9.      Vehicle is Intended for Only Limited Types of Use.  Driver/Rider agrees that he/she will not use the Vehicle for racing, mountain riding, or stunt or trick riding.  Driver/Rider agrees that he/she will not operate and/or use the Vehicle on unmaintained roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others.  Driver/Rider agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any law, ordinance or regulation.

1.10.    Weight and Cargo Limits.  You must not exceed the maximum weight limit for the Vehicle (375 pounds, total).

1.11.    No Tampering.  You must not tamper with, attempt to gain unauthorized access to, or otherwise use the RYDABLES Services other than as specified in this Agreement.

1.12.    Reporting of Damage or Crashes.  Driver/Rider must report any accident, crash, damage, personal injury, or stolen or lost Vehicle to RYDABLES as soon as possible.  If a crash involves personal injury, property damage, or a stolen Vehicle, Driver/Rider shall file a report with the local police department within 24 hours.  Driver/Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever, including and related to, a stolen or lost Vehicle.

YOUR AUTOMOTIVE INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING OR DAMAGE TO THIS VEHICLE. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR AUTOMOTIVE INSURANCE COMPANY OR AGENT.

1.13.    Driver/Rider Responsibility for Vehicle Use and Damage.  Driver/Rider agrees to return the Vehicle to RYDABLES in the same condition in which it was rented.  Driver/Rider will not be responsible for normal wear and tear. Driver/Rider agrees to pay up to a maximum of $6,995.00 to replace Vehicle should it be damaged, lost or stolen.  Damage to the Vehicle, including the covering (“Skin”), shall be determined at RYDABLES’ sole discretion.

1.14     Electric Vehicle.  The Vehicle is an electric Vehicle that requires periodic charging of its battery/batteries in order to operate.  Driver/Rider agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric Vehicle and all of the limitations and requirements associated therewith.  Driver/Rider understands and agrees with each of the following:

The level of charge power remaining in the Vehicle will decrease with use of the Vehicle (over time, distance and load), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety).  The level of charging power in the Vehicle at the time Driver/Rider initiates the rental or operation of the Vehicle is not guaranteed and will vary with each rental use.  The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions, and other factors.  It is the Driver/Rider’s responsibility to check the level of charge power in the Vehicle and to ensure that it is adequate before initiating operation of the Vehicle. The distance and/or time that Driver/Rider may operate the Vehicle before it loses charging power is never guaranteed.  The Vehicle may run out of charging power and cease to operate at any time during Driver/Rider’s rental of the Vehicle, including before reaching Driver/Rider’s desired destination.

1.15.    Charging of Vehicle.  If the Vehicle runs out of charging power during a rental, Driver/Rider shall conclude the ride in compliance with all terms of this Agreement.  Alternatively, where available, in Driver/Rider’s sole discretion, Driver/Rider may charge the Vehicle only by plugging a proper manufacturer-approved charging cord into an outlet that may be lawfully used for such purpose.  Driver/Rider agrees to follow all laws and rules pertaining to the charging of the Vehicle, including all state and local laws and all public and private rules and regulations pertaining to the area and to the property where Driver/Rider is charging the Vehicle.  Driver/Rider agrees that he/she is responsible for all costs, charges, fees, expenses, penalties, and fines associated with the charging of the Vehicle, and that RYDABLES will not reimburse Driver/Rider for such.

Consistent with Section 1.15., Driver/Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, property or fire or other damages, injuries, costs, and expenses, penalties, attorney’s fees, judgments, suits, or disbursements of any kind or nature whatsoever related to the use and charging of the Vehicle.  By choosing to charge a Vehicle, Driver/Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and Driver/Rider agrees that RYDABLES and all other Released Persons (as defined below in Section 15) are not responsible for any injury, damage, or cost caused by Driver/Rider with respect to any person or property, including the Vehicle itself, directly or indirectly related to the charging of the Vehicle.

  1. PAYMENT AND FEES.

2.1.      Fees.  Driver/Rider may use the Vehicle on a pay per ride basis or as otherwise offered in accordance with the pricing described in the RYDABLES mobile application.  In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by RYDABLES.  RYDABLES will charge the Driver/Rider (through credit, or debit card or through another agreed payment method) the amount of the fees as described in this Agreement.

2.2       Promo Codes.  Any, if any, Promo codes (discounts) are one-time offers and can be redeemed only via the RYDABLES App.  RYDABLES reserves the right to modify or cancel discounts at any time.  Discounts are limited to one per customer and account and may not be combined with other offers.  Discounts are non‑transferable and may not be resold.

2.3       Maximum Rental Time and Charges.  Maximum rental time is 24 hours.  Driver/Rider agrees that Driver/Rider will deactivate the Vehicle rental within 24 hours of renting a Vehicle.  Driver/Rider may then rent again.  Driver/Rider agrees that he/she is solely responsible for being aware of any elapsed time related to the timely locking of the Vehicle.  The maximum day charge is $720 and is based on a calendar day.  After return of the Vehicle, Driver/Rider will be charged the accumulated rental charges, or the maximum day charge, whichever is less.  Vehicles not returned (locked and a ride concluded) within 48 hours will be considered lost or stolen, and Driver/Rider may be charged up to $6,995 and a police report may be filed.  RYDABLES may also charge a service fee of $250 for rentals in excess of 24 hours where the Vehicle is not lost or stolen.

2.4.      Valid Credit Card or Debit Card.  To be registered to use the RYDABLES Services, Driver/Rider must provide RYDABLES’ third-party payment processor with a valid credit or debit card number and expiration date.  Driver/Rider represents and warrants to RYDABLES that Driver/Rider is authorized to use any credit or debit card Driver/Rider furnishes to RYDABLES.  Driver/Rider authorizes RYDABLES to charge the card for all fees incurred by Driver/Rider.  All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by RYDABLES.  If Driver/Rider disputes any charge on Driver/Rider’s credit or debit card account, then Driver/Rider must contact RYDABLES within ten (10) business days from the end of the month with the disputed charge, and provide to RYDABLES all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times of the ride associated with the disputed charge.  Driver/Rider agrees to immediately inform RYDABLES of all changes relating to the card.

2.5.      Pick-Up Fees.  If You are unable to return a Vehicle to a valid area (i.e., You deactivate the Vehicle on private property, a locked community, or another unreachable area), and request that the Vehicle be picked up by RYDABLES staff, RYDABLES, at its sole discretion, may choose to charge You a pick‑up fee up to $250.  If any Vehicle accessed under Your account is abandoned without notice, You will be responsible for all trip fees until the Vehicle is recovered and deactivated, plus a service charge (currently $250.00) to recover the Vehicle.  Fees are subject to change.

  1. ADDITIONAL TERMS OF USE.

3.1.      Safety Check.  Before each use of a Vehicle, Driver/Rider shall conduct a basic safety inspection of the Vehicle, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) good condition of the frame; (iv) sufficient battery charge power; and (v) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need.  Driver/Rider agrees not to ride the Vehicle if there are any noticeable issues, and to immediately notify customer service to alert RYDABLES of any problems.

3.2.      Lost or Stolen Vehicle.  A Vehicle may be deemed lost or stolen if (a) the Vehicle is not returned within 24 consecutive hours; (b) the Vehicle’s GPS unit is disabled; (c) the Vehicle is parked on unauthorized private property, in a locked area, or in any other non‑public space for more than ten minutes after a ride ends; (d) the Vehicle moves more than thirty feet after a rental has ended and RYDABLES believes such movement was not caused by another Driver/Rider or authorized third party; or (e) other facts and circumstances that suggest to RYDABLES in its reasonable, good faith determination that a Vehicle has been lost or stolen.  RYDABLES and You agree that the last Driver/Rider of a Vehicle shall be responsible for a lost or stolen Vehicle unless facts and circumstances suggest otherwise to RYDABLES in its reasonable, good faith determination.  If RYDABLES deems a Vehicle lost or stolen, RYDABLES shall have the authority to take any and all actions it deems appropriate (with respect to the last Driver/Rider of a Vehicle or otherwise); including, without limitation, obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities.  Driver/Rider agrees the data generated by RYDABLES’ computer is conclusive evidence of the period of use of a Vehicle by a Driver/Rider.  Driver/Rider agrees to report Vehicle disappearance or theft to RYDABLES immediately or as soon as possible.

3.3.      Helmets; Safety; Assumption of Risk.  RYDABLES strongly recommends that all Driver/Riders wear a Snell, CPSC-, ANSI- or ASTM-approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions.  RYDABLES and all other Released Persons (defined below in Section 15) do not represent or warrant the quality or safety characteristics of any helmet.  Driver/Rider agrees that none of the Released Persons is liable for any injury suffered by Driver/Rider while using any of the RYDABLES Services, whether or not Driver/Rider is wearing a helmet at the time of injury.  Driver/Rider assumes all risk of not wearing a helmet or other protective gear.  Driver/Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.

3.4.      Vehicle Routes.  Driver/Rider agrees that RYDABLES and/or the City/Location/Venue where rented/used do not provide or maintain places to ride Vehicles, and that RYDABLES does not guarantee that there will always be a safe place to ride a Vehicle.  Roads, sidewalks, vehicle lanes, paths and vehicle routes may become dangerous due to weather, traffic, or other hazards.

3.5.      Limitations on Vehicle Rental.  Driver/Rider agrees that RYDABLES is not a common carrier.  Alternative means of public and private transportation are available to the general public and to Driver/Rider, individually, including public buses and rail service, taxis, and pedestrian paths.  RYDABLES provides Vehicles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Vehicle on their own and who have agreed to all terms and conditions of this Agreement.

3.6.      Limitations on Availability of RYDABLES Services.  RYDABLES does not guarantee that RYDABLES Services will be available at all times, as unforeseen events or other circumstances might prevent RYDABLES from providing the RYDABLES Services.  Access to RYDABLES Services is also conditioned on the availability of Vehicles.  RYDABLES does not represent or warrant the availability of any of RYDABLES Services or the availability of any Vehicle at any time.  Driver/Rider agrees that RYDABLES may require Driver/Rider to return a Vehicle at any time.

  1. TERMINATION.

4.1.      Termination by RYDABLES.  At any time, and from time to time, and without Driver/Rider’s consent, RYDABLES may unilaterally terminate Driver/Rider’s right to use the RYDABLES Services, in RYDABLES’ sole discretion and without any notice or cause.  Driver/Rider may terminate Driver/Rider’s use of the RYDABLES Services at any time; provided, however, that (i) no refund will be provided by RYDABLES; (ii) the term of this Agreement continues in accordance with this Agreement; and (iii) Driver/Rider may still be charged any applicable additional fees in accordance with this Agreement.  This Agreement shall survive and remain in full force and effect, in accordance with its terms and conditions, after any termination of Driver/Rider’s right to use any of the RYDABLES Services, regardless of how the Agreement is terminated.

  1. CONFIDENTIALITY.

5.1.      Confidentiality of Information; Privacy Policies.  You understand and agree that all personal information that pertains to you, including all names, addresses, phone numbers, email addresses, passwords, payment information, and other information will be kept by Kiwi, Inc. dba Joyride and Stripe, Inc. dba Stripe in accordance with their respective privacy policies located https://joyride.city/privacy-policy and https://stripe.com/us/privacy. You also agree to look solely to JoyRide and Stripe with respect to any matters concerning your personal information and any uses thereof in any way.

  1. LICENSE TO IMAGE AND LIKENESS.

For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably:  (1) give Your full and unconditional consent to RYDABLES and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the RYDABLES Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to RYDABLES and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the RYDABLES Services, at any time and from time to time; (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes; and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as RYDABLES may decide in its sole discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge all Released Persons from all Claims (defined below in Section 15) that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.

  1. NOTICE.

RYDABLES may be contacted by emailing info@rydables.com or by mail at:

2125 E. 5th St., #108
Tempe, AZ 85288

  1. CHOICE OF LAW; DISPUTE RESOLUTION.

This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of Ohio, excluding principles of conflicts of laws.  For every dispute regarding this Agreement:  (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of Ohio and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in Columbus (Dublin), Ohio.

  1. BINDING ARBITRATION AND CLASS ACTION WAIVER.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

9.1.      Initial Dispute Resolution.  Driver/Rider Support is available via the app to address any concerns you may have regarding your use of a Vehicle and/or this Agreement.  The parties shall use their best efforts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating mediation, arbitration, or a lawsuit.

9.2.      Binding Arbitration. If the parties do not reach an agreed upon solution through the support process, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below.  Specifically, all claims arising out of, or relating to use and rental of a Vehicle, this Agreement, and the parties’ relationship with each other shall be finally settled by binding arbitration administered by JAMS or, alternatively, a mutually agreed upon arbitrator or arbitration service, under the applicable commercial arbitration rules for JAMS or the mutually agreed upon arbitration service, excluding any rules or procedures governing or permitting class actions.

The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.  The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, RYDABLES will pay the additional cost.  The arbitration rules also permit you to recover attorney’s fees in certain cases.  The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial.  They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

9.3.      Location.  The arbitration will take place in Columbus (Dublin), Ohio, or a mutually agreed upon location.

9.4.      Class Action Waiver.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.  YOU AND RYDABLES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

9.5.      Litigation of Intellectual Property and Small Claims Court Claims.  Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).  Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

9.6.      Right to Opt Out.  You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: 2125 E. 5th St., #108, Tempe, Arizona 85288.  The notice must be sent within thirty (30) days of the effective date or your first use of the Service, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs.  If you opt-out of these arbitration provisions, RYDABLES also will not be bound by them.

9.7.      Changes to this Section.  RYDABLES will provide prior written notice of any changes to this section. Changes will become effective only after prior written notice and will apply prospectively only to any claims arising after the notice period.

For any dispute not subject to arbitration, you and RYDABLES agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Columbus (Dublin), Ohio.  You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

  1. WAIVER AND SEVERABILITY.

No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement.  The provisions of this Agreement are independent of and severable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.

  1. CUMULATIVE REMEDIES.

All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.

  1. FINAL AGREEMENT; MODIFICATION BY RYDABLES.

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 Driver/Rider’s consent, RYDABLES may unilaterally amend, modify, or change this Agreement, in its sole discretion except for Section 9.  By continuing to use any of the RYDABLES Services after any amendment, modification, or change, Driver/Rider has agreed to be bound by all such amendments, modifications, and changes.  Driver/Rider must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes.  Whenever a change is made to this Agreement, RYDABLES will post a notification on the Website.  The pricing set forth on the Website supersedes all pricing set forth in this Agreement.

  1. CONTRACT INTERPRETATION.

The headings in this Agreement do not affect the interpretation of this Agreement.  “Or” is not to be exclusive in its meaning.  “Including” means “including, but not limited to.”  Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number.  All pronouns include the masculine, feminine, and neuter pronoun forms.

  1. VOLUNTARY EXECUTION OF THIS AGREEMENT.

This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part or behalf of RYDABLES.  Driver/Rider acknowledges that he/she: (a) has read this Agreement; (b) understands the terms and consequences of this Agreement, including the releases it contains; and (c) is fully aware of the legal and binding effect of this Agreement.

  1. INDEMNITY; RELEASES; DISCLAIMERS; ASSUMPTION OF RISK.

IN EXCHANGE FOR DRIVER/RIDER BEING ALLOWED TO USE RYDABLES SERVICES, VEHICLES, AND OTHER EQUIPMENT OR RELATED INFORMATION PROVIDED BY RYDABLES, DRIVER/RIDER AGREES TO FULLY RELEASE, INDEMNIFY, AND HOLD HARMLESS RYDABLES AND ALL OF ITS OWNERS, MANAGERS, AFFILIATES, EMPLOYEES, ATTORNEYS, CONTRACTORS, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUCCESSORS, ASSIGNS, THE CITY, LOCATION, AND/OR VENUE WHERE RENTING/USING RYDABLES AND ALL OF ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS, AND CONTRACTORS, AND TO THE FULLEST EXTENT PERMITTED BY LAW ANY OTHER MUNICIPALITY (INCLUDING ITS ELECTED AND APPOINTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND VOLUNTEERS) WITH WHICH THE OPERATORS HAVE CONTRACTED WITH TO PROVIDE RYDABLES SERVICES, AND EVERY SPONSOR OF ANY OF THE RYDABLES SERVICES AND ALL OF THE SPONSOR’S OWNERS, MANAGERS, AFFILIATES, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASED PERSONS”) FROM LIABILITY FOR ALL CLAIMS (AS DEFINED BELOW) ARISING OUT OF OR IN ANY WAY RELATED TO: (A) DRIVER/RIDER’S USE OF THE RYDABLES SERVICES OR VEHICLES (INCLUDING WITHOUT LIMITATION THE PLACEMENT OR CONDUCT THEREOF), (B) ANY EQUIPMENT RELATED TO THE FOREGOING (INCLUDING WITHOUT LIMITATION THE MAINTENANCE OR THEREOF), (C) THIS AGREEMNT, AND (D) ANY RISKS DANGERS AND HAZARDS AS DESCRIBED BELOW.  SUCH RELEASED ARE INTENDED TO BE GENERAL AND COMPLETE RELEASES OF ALL CLAIMS.

“Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney’s fees, whether incurred at trial, on appeal, or otherwise), damages (including, but not limited to, for personal injury, wrongful death, property damage, and injury to Driver/Rider or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent). For the avoidance of doubt the term “Claims” shall specifically include, but not be limited to, THOSE CLAIMS BASED ON RELEASED PERSONS’ ALLEGED NEGLIGENCE, BREACH OF CONTRACT, AND/OR BREACH OF EXPRESS OR IMPLIED WARRANTY, EXCEPT FOR CLAIMS BASED ON RELEASED PERSONS’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

TO THE FULLEST EXTENT PERMITTED BY LAW, AND AS TO DRIVER/RIDER’S USE OF ANY OF THE RYDABLES SERVICES, VEHICLES, OR RELATED EQUIPMENT, RYDABLES AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (INCLUDING THOSE RELATED TO ROAD, PATH AND SIDEWALK CONDITIONS).  ALL OF THE RYDABLES SERVICES, VEHICLES, AND RELATED EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND DRIVER/RIDER RELIES ON THEM AT DRIVER/RIDER’S OWN RISK.

Driver/Rider is aware that Driver/Rider’s use of any of the RYDABLES Services, Vehicles, and related equipment involves obvious and not‑so‑obvious risks, dangers, and hazards that may result in injury or death to Driver/Rider 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:

(i)        vehicles and other objects;

(ii)       pedestrians;

(iii)      traffic;

(iv)      Vehicle or component malfunction;

(v)       road, path and sidewalk conditions (including tracks and other infrastructure related to any streetcar or other infrastructure or objects placed on the public right of way), stairs, curbs;

(vi)      weather conditions;

(vii)     failure to follow applicable laws regarding use and/or operation of the Vehicle pursuant to Section 1.7;

(viii)    commission of any of the prohibited acts listed in Section 1.8;

(ix)      failure to perform the required safety check pursuant to Section 3.1;

(x)       failure to wear a helmet where required by law; and

(xi)      negligent acts or omissions by RYDABLES, any other Released Person, Driver/Rider, or third party.

DRIVER/RIDER IS SOLELY AND FULLY RESPONSIBLE FOR THE SAFE OPERATION OF VEHICLE AT ALL TIMES.  DRIVER/RIDER AGREES THAT VEHICLES ARE MACHINES THAT MAY MALFUNCTION, EVEN IF THE VEHICLE IS PROPERLY MAINTAINED AND THAT SUCH MALFUNCTION MAY CAUSE INJURY. DRIVER/RIDER ASSUMES 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 RYDABLES, THE RELEASED PARTIES, AND ANY MUNICIPALITY OR ANY OTHER PARTY.  DRIVER/RIDER HEREBY EXPRESSLY WAIVES ANY CLAIMS AGAINST THE RELEASED PARTIES, ANY MUNICIPALITY OR ANY OTHER PARTY WHICH DRIVER/RIDER DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF USE OF RYDABLES SERVICES, AND EXPRESSLY WAIVES DRIVER/RIDER’S RIGHTS UNDER ANY STATUTES THAT PURPORT TO PRESERVE DRIVER/RIDER’S UNKNOWN CLAIMS.

  1. DRIVER/RIDER ACCEPTANCE OF AGREEMENT

I certify that I have read and expressly agree to the terms and conditions of Section 15 – Indemnity; Releases; Disclaimers; Assumption of Risk, and I acknowledge that this section limits my legal rights and remedies.  I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by applicable law.  I represent and certify that I am familiar with the operation of the Vehicle and am reasonably competent and physically fit to ride the Vehicle.

I certify that:

  1. I am the Driver/Rider;
  2. I am 18 years old or over;
  3. I will wear a helmet if required by applicable law;
  4. I will only ride a Vehicle with one of the FOUR (4) following approved riding arrangements;
    1. ONE (1) Adult (18+ yrs. old) per RYDABLE*, or;
    2. ONE (1) Teen (12 to 17 yrs. old) per RYDABLE* riding ALONE (depending on location/activity); and, MUST be accompanied by an Adult (18 yrs. old or older), or;
    3. ONE (1) Adult with ONE (1) Child (1 to 11 yrs. old) per RYDABLE*, or;
    4. ONE (1) Adult with TWO (2) Children (each being 1 to 11 yrs. old) per RYDABLE*;

* Not to exceed maximum weight capacity per RYDABLE of 375 lbs.

NOTE: NO other riding arrangement is permitted or allowed and will result in the immediate termination of your rental WITHOUT refund.

  1. I will obey all traffic laws;
  2. I will NOT engage in ANY ‘horseplay’, roughhousing, trick or stunt riding and I will NOT bump into another RYDABLE, person or thing;
  1. I will ride at my own risk; and
  2. I have read and expressly agree to the terms and conditions set forth in this Agreement.

Terms of Service

Last Changes to Terms of Service: September 1st, 2024

The policies below are applicable to Rydables, LLC’s (“Rydables”, or “we”, or “us”, or “our”) network of websites that link to these Terms of Service (the “Agreement” or “Terms of Service”) (including any versions optimized for viewing on a wireless or tablet device); email newsletters published or distributed by Rydables; apps published by Rydables, including the “Rydables” app; or any other services, interactive features, and communications made available by Rydables, regardless of how accessed and/or used, that are operated by Rydables, made available by Rydables, or produced and maintained by Rydables and Rydables’ related companies (“Services”).

THESE TERMS OF SERVICE SET FORTH THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN YOU AND RYDABLES WITH RESPECT TO THE SUBJECT MATTER HEREOF. RYDABLES DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ITS SERVICES, AND OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF RYDABLES’ CONTROL.

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 SERVICE WILL APPLY RETROACTIVELY. For certain of our Services, you may also be required to execute a Rydables’ Rental Agreement, Waiver of Liability and Release and/or Privacy Policy.

This is a legal agreement between you (“you” or “user”) and Rydables 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 Rydables’ rules and policies collectively constitute this “Agreement” between you and Rydables.

  1. Access License.

Rydables grants you a limited, revocable, non-exclusive and non-transferable license to access and make use of the Services or its content. This license does not include any resale or commercial use of the Services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, cookies or similar data gathering and extraction tools. Except as expressly permitted herein, neither the Services nor any portion of the Services may be reproduced, sold, resold, visited or otherwise exploited for any purpose without Rydables’ express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by Rydables to you.

  1. Copyright and Ownership. 

All of the content featured or displayed with respect to the Services, including, without limitation, text, graphics, photographs, images, moving images, sound and illustrations (“Content”), is owned by Rydables, its licensors, vendors, agents and/or its Content providers. All elements of the Services, including, without limitation, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which such Services are being made available. Except as permitted by copyright law, you may not modify any Content or materials, and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work comprising the Services. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services. The Services, Content and all related rights shall remain the exclusive property of Rydables or its licensors, vendors, agents and/or its Content providers, unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Services.

  1. Trademarks/No Endorsement. 

All trademarks, service marks and trade names of Rydables used herein (including but not limited to: Rydables’ name, Rydables’ corporate logo, the Services design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Rydables or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Rydables Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without Rydables’ prior written consent. You shall not use Rydables’ name or any language, pictures or symbols which could, in Rydables’ judgment, imply Rydables’ endorsement in any (i) written or oral advertising or presentation; or (ii) brochure, newsletter, book or other written material of whatever nature, without Rydables’ prior written consent.

  1. Account Registration and Security. 

You understand that you will need to create an account to have access to the Services. You will: (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration, sign-in or subscription page (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, not current or incomplete, or Rydables has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Rydables has the right, in its sole discretion, to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) to you. You are responsible for the security and confidentiality of your password and account. Furthermore, you are responsible for any and all activities that occur under your account. You will not share your account information or your username and password with any third party or permit any third party to access the Services using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security relating to your account of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business).

  1. Solicited Submission Policy. 

Where Rydables has specifically invited or requested submissions or comments, Rydables encourages you to submit content (e.g. comments to blog posts, participation in communities, tips, etc.) (“User Submissions”) to Rydables that Rydables has created for consideration in connection with Rydables’ official website, https://www.rydables.com (the “Site”). User Submissions remain the intellectual property of the individual user. By posting content on our Site, you expressly grant Rydables a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice and/or likeness contained in your User Submission, in whole or in part, and in any form throughout the world, in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and Rydables shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.

  1. Inappropriate User Submissions.

Rydables does not encourage, and does not seek User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement or physical or mental illness to you, to any other person or to any living being; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not, and will not, engage in any of the foregoing activities in connection with creating your User Submission. Without limiting the foregoing, you agree that in conjunction with your User Submission, you will not inflict emotional distress on other people; will not humiliate other people (publicly or otherwise); will not assault or threaten other people; will not enter onto private property without permission; will not impersonate any other person or misrepresent your affiliation, title or authority; and will not otherwise engage in any activity that may result in injury, death, property damage, diminution of value; and/or liability of any kind. Rydables will reject any User Submissions which Rydables believes, in its sole discretion, involves any of the foregoing. If notified that a User Submission allegedly violates any provision of these Agreement, Rydables reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such User Submission from the Services at any time and without notice.

  1. Inappropriate Material.

You are prohibited from using the Services (i) to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic, lude or profane material; (ii) post or send any material that infringes upon or misappropriates third party intellectual property; or (iii) in any manner which could constitute or encourage conduct that would be considered a criminal offense or otherwise violate any law. You further agree that sending or posting unsolicited advertisements or “spam” on or through the Services is expressly prohibited by this Agreement. In addition to any remedies that Rydables may have at law or in equity, if Rydables determines, in its sole discretion, that you have violated or are likely to violate any of the foregoing prohibitions or any applicable rules or policies contained in or linked to this Agreement, Rydables may take any action it deems necessary to cure or prevent such violation, including, without limitation, banning you from using the Services and/or the immediate removal of the related materials from the Services at any time without notice. Rydables will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

  1. Access and Interference. 

You agree that you will not use any robot, spider, scraper or other automated means to access the Services for any purpose. Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in Rydables’ sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Rydables Site or any activities conducted on the Services; or (iii) bypass any measures used to prevent or restrict access to the Services.

  1. Right to Takedown Content. 

Except as disclosed in our Privacy Policy, we will not monitor, edit, or disclose the contents of a user’s e-mail or User Content posted to the Services unless (i) required to do so in the course of normal maintenance of the Services and any related systems; (ii) required to do so by law; or (iii) in Rydables’ good-faith belief that such action is necessary to: (a) comply with any law or with legal process served on Rydables or the Services; (b) protect and defend the rights Rydables, Rydables’ property, the Services, or the users of the Services; or (c) act in an emergency to protect the personal safety of our users, the Services or the public. Users shall remain solely responsible for the content of their messages and Rydables shall have no obligation to prescreen any such User Content; provided, however, Rydables shall have the right, in its sole discretion, to edit, refuse to post or remove any User Content submitted to, or posted on, the Services, at any time without notice. Without limiting the foregoing, Rydables shall have the right to (i) remove any material that it finds to be in violation of the provisions contained herein or otherwise objectionable; and (ii) deny access to the Services, or any portion thereof, to any user who fails to conform to any provision of this Agreement.

  1. User Published Content.

User published Content and User Submissions do not represent the views of Rydables or any individual associated with Rydables, and we do not control such User published Content or User Submissions. In no event shall you represent or suggest, directly or indirectly, Rydables’ endorsement of user published Content and User Submissions. Rydables does not vouch for the accuracy or credibility of any user published Content or User Submissions published through or on the Services, and Rydables does not take any responsibility or assume any liability for any actions you may take as a result of reviewing any such User published Content or User Submission. Through your use of the Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Services and Services, you assume all associated risks.

  1. Third Party Links. 

From time to time, the Services may contain links to websites that are not owned, operated or controlled by Rydables or its affiliates (the “Third Party Links”). All such Third Party Links are provided solely as a convenience to you. If you use the Third Party Links, you will leave the Services. Neither Rydables nor any of Rydables’ respective affiliates are responsible for any content, materials or other information located on, or accessible through, any Third Party Links or on other websites. Neither Rydables nor any of Rydables’ respective affiliates endorse, guarantee or make any representations or warranties regarding any other websites, including any content, materials or other information accessible through Third Party Links or on any other websites, including any harm or effect to you resulting from your use any other websites. If you decide to access any other websites via Third Party Links, you do so entirely at your own risk.

  1. Transactional Partners.

From time to time, Rydables may partner with an unrelated entity to jointly promote their services within our Services. In such instances, you may be transacting directly with such unrelated other party. On those pages or locations, the unrelated party’s brand will be clearly visible and its terms of service will be posted. When using such unrelated party’s pages, you are bound by both the unrelated party’s partner terms of service and by Rydables Terms of Service. When there is a conflict between these Terms of Service and the third party’s terms of service, the Third Party’s terms of service will prevail.

  1. Termination.

We may suspend or terminate your right to use the Services at any time, with or without cause. We may also block your access to our Services in the event that (i) you breach these Terms of Service; (ii) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for Rydables, you or our users.

  1. Representations and Warranties. 

You represent that you (i) are over the age of 18; (ii) have the right and authority to enter into this Agreement; (ii) are fully able and competent to satisfy the terms, conditions, and obligations herein; and (iv) you will use of the Services in full compliance with all applicable laws. You further represent that you have read, understood, agree with, and will abide by the terms of this Agreement. In addition, you represent and warrant that your User Submissions, if any, and all elements thereof, are (i) owned or controlled solely and exclusively by you, you have prior written permission from the rightful owner of the content included in your User Submissions, or you are otherwise legally entitled to grant Rydables all of the rights granted by this Agreement; and (ii) Rydables’ use of your User Submissions, as described or contemplated herein, do not, and will not, infringe on the copyrights, trademark rights, publicity rights or other rights of any person or entity; violate any law, regulation or right of any kind whatsoever; or otherwise give rise to any actionable claim or liability, including, without limitation, rights of publicity, privacy and defamation. Furthermore, You shall be solely responsible for your own User Submissions and any consequences resulting from the posting or publishing of such User Submissions.

  1. DISCLAIMERS. 

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER RYDABLES, NOR ANY OF ITS AFFILIATES, WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON, OR THROUGH, THE SERVICES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES MAY BE OUT OF DATE, AND NEITHER RYDABLES, NOR ANY OF ITS AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, OBTAINED FROM RYDABLES OR THROUGH THE SERVICES, WHETHER ORAL OR WRITTEN, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

  1. LIMITATIONS OF LIABILITY. 

RYDABLES DOES NOT ASSUME ANY RESPONSIBILITY, NOR WILL IT BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT OR OTHER PROPERTY, CAUSED BY, OR ARISING FROM, YOUR ACCESS TO, USE OF OR BROWSING THE SERVICES, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS SERVICE. IN NO EVENT WILL RYDABLES, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, PROFESSIONALS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USING THE SERVICES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THE SERVICES; ANY MATERIALS RELATED TO THE SERVCIES; OR INFORMATION CONTAINED ON OF THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES. IN NO EVENT SHALL RYDABLES’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF (A) TWENTY-FIVE DOLLARS (US $25.00); OR (B) THE AMOUNT OF FEES YOU HAVE PAID RYDABLES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.

  1. Indemnity.

You agree to defend, indemnify and hold harmless, Rydables and any affiliated entity or individual from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Services or your placement or transmission of any User Submission or other content, message or information on this Services by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties set forth herein; (iii) your violation of any third party right, including, without limitation, any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to Rydables, including, without limitation, any claim or damages arising from a defamation or invasion of privacy claim; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code.

  1. Release.

In the event that you have a dispute with one or more other users of the Services, you release Rydables and Rydables’ officers, directors, agents, professionals, subsidiaries, joint ventures and employees, from any and all claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

  1. Force Majeure. 

Neither Rydables nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond such party’s reasonable control, including, without limitation: (i) fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; (ii) any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; (iii) labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; (iv) inability to secure raw materials, transportation facilities, fuel; (v) energy shortages, or (vi) acts or omissions of other common carriers.

  1. Privacy. 

Data collection and use, including data collection and use of personally identifiable information is governed by Rydables’ Privacy Policy (available at www.rydables.com/privacy-policy which is incorporated herein by reference and is made part of this Agreement.

  1. General.

Any claim relating to, and the use of, these Services and the materials contained therein, is governed by the laws of the State of Illinois. You consent to the exclusive jurisdiction of the state and federal courts located in Cook County, Illinois. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon, or relating to, these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  1. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.

In operating the Services, we may act as a “services provider” (as defined by DMCA) and offer services as an online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Services. Rydables has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Services. Rydables has adopted a policy that provides for the removal of any content or the potential suspension of any user that is found to have (i) repeatedly infringed on the rights of Rydables or of a third party; (ii) that has otherwise violated any intellectual property laws or regulation; or (ii) has violated any of the terms and conditions of this Agreement. If you believe any material available via the Services infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will attempt to expeditiously remove or disable access to the any material claimed to be infringing, and we will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is: info@rydables.com.

Your notice should include the following information:

  • Identify intellectual property that you claim has been infringed
  • Identify the material on the Services that you claim is infringing, with enough detail so that we may locate it on the Services
  • A statement by you that you have a good faith belief that the use of the intellectual property is not authorized by law, the intellectual property’s owner or such owner’s agent
  • A statement by you declaring under penalty of perjury that (i) the above information in your notice is accurate; and (ii) that you are the owner of the intellectual property interest involved or that you are authorized to act on the owner’s behalf
  • Your address, telephone number and email address
  • Your physical or electronic signature.

We may give notice to our users of any infringement notice by means of a general notice on any of our Services, electronic mail to a user’s email address in our records or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the below information. To be effective, the counter-notification must be a written communication that includes the following:

  • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled
  • A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled
  • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person
  • Your physical or electronic signature.
  1. Severability.

If any provision of these Terms of Service shall be or become unlawful, void, invalid or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms of Service and shall not affect the validity and enforceability of any remaining provisions contained herein.

  1. Assignment.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Rydables without restriction. Any assignment attempted to be made by you in violation of these Terms of Service shall be void. These Terms of Service will be binding upon and inure to the benefit of the parties hereto, and to such parties’ permitted successors and assigns.

  1. Headings.

The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and shall not be deemed to limit or affect any of the provisions hereof.

  1. Waiver.

A provision of these Terms of Service may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Rydables to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

  1. Survival.

The provisions of these Terms of Service that are intended to survive the termination of these Terms of Service by their nature will survive the termination or expiration of these Terms of Service.

  1. Additional Assistance.

If you do not understand any of the foregoing Terms of Service or if you have any questions or comments, please contact us support@rydables.com.