II. Releases; Disclaimers; Limited Liability; Assumption of Risk
In consideration of your use of any of the Hubway Service, as defined below, Motivate International, Inc. ("Motivate") requires that you ("Member", "You", or "Your") agree to all terms and conditions in this Bicycle Rental Agreement ("Agreement"). The “Service” is composed of Hubway bicycle stations ("Stations"), which include an automated pay station ("Pay Station"), and separate stands that allow the docking of Hubway bicycles ("Bike Docks"), the Hubway bicycles, and all related equipment, personnel, and information.
Section 1 When an Annual or Monthly Member subscribes to the Service, Motivate will charge the Member's credit or debit card the amount of the respective membership fee in effect on the date of subscription. In addition, all hourly fees set forth in Section 2 apply. The amount of the annual and monthly membership fee in effect can be found at the Service’s website at “www.thehubway.com” (“Website”).
Section 3 Hourly Fees. All Members are subject to hourly fees. The hourly fees are set forth in the chart below. So long as Member returns the Hubway bicycle to a Bike Dock within 30 minutes, no hourly fee applies. Member may remove another Hubway bicycle from a Bike Dock after returning the previous Hubway bicycle after a 3 minute wait.
On the 7th day of each month, the total amount of chargeable trips (i.e., those trips in excess of 30 minutes) will be charged to Member's credit or debit card. At any time, Member may access a statement of their trip history on the Website. If Member has any claim or dispute regarding a chargeable trip, then Member must, within 10 business days from the end of the prior month with the disputed claim, provide to Motivate trip information necessary to identify the disputed charge, such as date of trip and approximate start and end times. The receipt, if any, indicating the date and time the Hubway bicycle was returned would be additional proof that the Hubway bicycle had been properly returned. Member is encouraged to maintain all trip receipts.
|RIDE TIME||TOTAL FEE – ANNUAL AND MONTHLY MEMBERS|
|2:00:00 – 2:29:59 hours||$16.50|
|2:30:00 – 2:59:59 hours||$22.50|
|3:00:00 – 3:29:59 hours||$28.50|
|3:30:00 – 3:59:59 hours||$34.50|
|4:00:00 – 4:29:59 hours||$40.50|
|4:30:00 – 4:59:59 hours||$46.50|
|5:00:00 – 5:29:59 hours||$52.50|
|5:30:00 – 5:59:59 hours||$58.50|
|6:00:00 – 6:29:59 hours||$64.50|
|6:30:00 – 6:59:59 hours||$70.50|
|7:00:00 – 23:59:59 hours||$75.00|
|> 24:00:00 hours||$1,000.00|
|RIDE TIME||FEES – CASUAL MEMBER|
|30:00 min – 16:59:59 hours||$3.00 for each additional 30 minutes|
|17:00:00 – 23:59:59 hours||$100.00|
|> 24:00:00 hours||$1,000.00|
Section 4 Lost or Damaged Bicycles; Key; Additional Fees. Use of the Service is limited to a period of 24 consecutive hours. If the Hubway bicycle is not returned to a Bike Dock within a period of 24 consecutive hours, then Member will be charged a fee of $1,000. The Hubway bicycle must be returned by Member in the same condition in which it was rented. If the Hubway bicycle is returned to a Bike Dock damaged or in a state of disrepair, then Member will be charged a fee that is equal to the cost of repair. Such fees may be charged as soon as 24 hours after the Hubway bicycle is not returned or is returned in a damaged state. Motivate will attempt to contact Member via telephone and email before charging the Member's credit or debit card, by using the contact information provided by Member when subscribing to the Service.
If Member's system key has been lost or damaged, a replacement may be obtained by calling 1-(855)-9HUBWAY (948-2929) or by emailing firstname.lastname@example.org and reporting that the system key has been lost or damaged. A replacement fee of $10 for the lost or damaged service key will be charged, and a replacement system key will be mailed to Member's mailing address of record.
Section 5 Credit/Debit Card Matters. You must input a valid credit or debit card number and expiration date before You will be registered to use the Service. You represent and warrant to Motivate that You are authorized to use the card (Motivate accepts only Visa or MasterCard). You authorize Motivate to charge Your card for all fees incurred by You. If You dispute any charge on Your credit or debit card account, then You must contact Motivate within 10 days of Your receipt of Your statement containing the disputed charge. You agree to immediately inform Motivate of all changes relating to Your card.
II. Releases; Disclaimers; Limited Liability; Assumption of Risk.
Section 6 Releases; Municipalities. "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 attorneys' fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to any of the Service, including, without limitation, Member's use of any of the Service and further including any of/use of the foregoing by a third party (including a minor) using a bicycle rented by the Member or authorized by Member to use the Service and/or utilize Member’s credit or debit card or Membership to rent bicycles. In exchange for being allowed to use the Service, Member hereby (i) waives any Claims against and fully and forever releases and discharges Motivate and all of its owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns (collectively, "Motivate and its Related Parties") and any municipality offering any part of the Services within their jurisdiction and all of its elected and appointed officers, officials, employees, and agents (collectively, the “Municipalities”) from all Claims that Member has or may have against Motivate and its Related Parties and/or the Municipalities, except for Claims caused by Motivate's gross negligence or willful misconduct, and (ii) agrees to indemnify and hold harmless Motivate and its Related Parties and the Municipalities from and against all Claims, except for Claims caused by Motivate's gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims. Motivate and its Related Parties and the Municipalities may plead such releases as a complete and sufficient defense to any Claim, as intended third beneficiaries of such releases. Member agrees that the forgoing terms and conditions of this Section 5 shall be binding upon all of Member's agents, affiliates, representatives, successors, heirs, and assigns.
Section 7 DISCLAIMERS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MOTIVATE AND ITS RELATED PARTIES AND THE MUNICIPALITIES DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY OF THE SERVICE, WHICH ARE ALL PROVIDED "AS IS" AND "AS AVAILABLE" (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK). NONE OF MOTIVATE AND ITS RELATED PARTIES AND/OR THE MUNICIPALITIES REPRESENT OR WARRANT THAT ANY OF THE SERVICE WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST IN ANY OF THE SERVICE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE SERVICE, AND NONE OF MOTIVATE AND ITS RELATED PARTIES AND/OR THE MUNICIPALITIES ARE LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. YOU ASSUME FULL RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, COSTS, EXPENSES, PENALTIES, ATTORNEYS' FEES, JUDGMENTS, SUITS, OR DISBURSEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATED TO YOUR STOLEN OR LOST BICYCLE OR SYSTEM KEY.
Section 8 LIMITED LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT NONE OF MOTIVATE AND ITS RELATED PARTIES AND/OR THE MUNICIPALITIES 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 SERVICE, (C) YOUR BREACH OF THIS AGREEMENT OR YOUR VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU, (E) YOUR FAILURE TO WEAR A BICYCLE HELMET WHILE USING A HUBWAY BICYCLE, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. YOU HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF ANY OF MOTIVATE AND ITS RELATED PARTIES AND/OR THE MUNICIPALITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. OUR TOTAL LIABILITY FOR ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, IS LIMITED TO THE SUM OF $100. Some jurisdictions do not allow for limited liability or exclusion of implied warranties; and, if any of those laws apply to You, then some or all of the above disclaimers, exclusions, or limitations might not apply to You, and You might have additional rights.
Section 9 Assumption of Risk by Member. Member agrees that riding a Hubway bicycle involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to Member or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Member agrees that such risks, dangers, and hazards are Member's sole responsibility. Member agrees that if Member's use of any of the Service causes injury or damage to another person or property, then Member may be liable for all resulting injuries, damages, and related costs. By choosing to ride a Hubway bicycle, Member assumes all responsibility for all related risks, dangers, and hazards, and Member agrees that Motivate and the Municipalities are not responsible for any injury, damage, or cost caused by Member with respect to any person or property, including the Hubway bicycle itself. Member is solely and fully responsible for the safe operation of the Hubway bicycle at all times.
Section 10 Activation of Member Key. Once You are successfully registered to use the Service, Motivate will mail a system key to the mailing address listed by You. You must activate the system key on the Website, under the "Member Login" heading, before using the Service for the first time. A Membership becomes valid and active once the system key is activated.
Section 11 Removing Bicycle by Member. Members must insert their system key into the reader slot on the Bike Dock keyboard, to remove the Hubway bicycle from the Bike Dock. After the system key has been inserted into the reader slot, the Member has 15 seconds to remove the Hubway bicycle from the Bike Dock. The signal light remains yellow during the validation of the Member's system key, and the signal light turns green when the Hubway bicycle can be removed. Two sounds signals are also emitted. If the Hubway bicycle is not removed within 15 seconds, the Bike Dock locks and the Member must repeat the process described above.
Before each use of a Hubway bicycle, Member shall conduct a safety inspection of the Hubway bicycle, which includes inspecting the following: (i) proper tire pressure; (ii) trueness of the wheels; (iii) safe operation of all brakes and lights; (iv) proper attachment of the seat, pedals, and basket; (v) good condition of the frame; and (vi) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. Member agrees not to ride the Hubway bicycle if Member notices any mechanical or other problem or safety issue, to promptly notify Motivate of all problems and issues, and to use a different Hubway bicycle. Member agrees to press the "Faulty Bike" button within 1 minute of docking a Hubway bicycle that Member notices has any mechanical or other problem or safety issue.
Section 12 Returning Bicycle. To return the Hubway bicycle, Member must secure it into an available Bike Dock. A sound signal is emitted, and the signal light turns yellow, then green, confirming that the Hubway bicycle has been properly secured to the Bike Dock. If the Hubway bicycle is not properly secured in the Bike Dock, then the signal light turns red, and a longer signal sound is emitted. If the signal light turns red, Member must repeat the operation until the signal light turns green and the Hubway bicycle is properly secured in the Bike Dock. If the signal light does not turn green, Member must return the Hubway bicycle to another available Bike Dock. If there is no available Bike Dock at the Station, then Member must push the "Time Credit" icon on the Pay Station screen to obtain an additional 15-minute credit in which to return the Hubway bicycle to another Station. No fee is charged to Member for the additional 15-minute credit. Any Hubway bicycle that is not properly secured remains the sole responsibility of Member, and the hourly fees set forth in Section 2 will be charged until the Hubway bicycle is properly secured.
Section 13 Obtaining Receipt. Member may print a receipt to confirm that the Hubway bicycle has been properly returned to the Bike Dock. The date and time of return are indicated on the receipt, and the receipt may be used to dispute a chargeable trip. To obtain a receipt, Members must push the "Rental Receipt" icon on the Pay Station screen under the "More Options" menu.
Section 14 Lost or Stolen Bicycle. If Member maintains possession of the Hubway bicycle beyond a period of 24 consecutive hours, then the Hubway bicycle is deemed lost or stolen, Member's credit or debit card will be charged a fee of $1,000, and a police report may be filed with local authorities. The data generated by the Service's computer is conclusive evidence of the period of use of a Hubway bicycle by a Member. For any disappearance of a Hubway bicycle where a Member is held responsible, Member must report the disappearance to Motivate within 24 hours following the disappearance and must report the disappearance to the local police department within 48 hours. Any use that exceeds a period of 24 consecutive hours is deemed a disappearance of the Hubway bicycle, until the Hubway bicycle is found or returned to a Bike Dock.
Section 15 Helmets; Safety. All riders are required wear a Snell, CPSC, ANSI, or ASTM approved helmet that has been properly sized, fitted, and fastened, according to the manufacturer's instructions. Wearing a Snell, CPSC, ANSI, or ASTM approved helmet, properly sized, fitted, and fastened, while cycling may protect against an injury, or may lessen the severity of an injury, caused by an impact to the head; however, bicycle helmets are not 100% effective, do not protect against all head injuries, and do not protect against other injuries. None of Motivate and its Related Parties and/or the Municipalities represent or warrant the quality or safety characteristics of any helmet, and Member agrees that none of Motivate and its Related Parties and/or the Municipalities are liable for any injury suffered by Member while using the Service, whether or not Member is wearing a helmet at the time of injury. Member may need to take additional safety measures or precautions not specifically addressed in this Agreement. Member represents and warrants that Member has and shall wear a Snell, CPSC, ANSI, or ASTM approved helmet, properly sized, fitted, and fastened, at all times while using the Service.
Section 16 Prohibited Acts. Member must not ride a Hubway bicycle while carrying any briefcase, backpack, bag, or other item if it impedes Member's ability to operate a Hubway bicycle safely. In addition, Hubway riders must not:
- use any cellular telephone, text messaging device, portable music player, or other device that may distract Member from safely operating a Hubway bicycle.
- operate a Hubway bicycle while under the influence of any alcohol, drugs, any medication or other substance that may impair Member's ability to safely operate a Hubway bicycle.
- carry a second person on a Hubway bicycle.
- dock or lock any bicycle in any Station other than Hubway bicycles.
- use any locking mechanism, other than the locking mechanism provided by Motivate at the Bike Dock, to lock a Hubway bicycle to a Bike Dock.
- violate any applicable federal, state, or local law, including those for bicycle riders.
- dismantle or modify a Hubway bicycle in any way. (This rule does not apply to the use of the seat height adjustment feature on Hubway bicycles.)
- exceed the maximum weight limit for the Hubway bicycle (260 pounds) or the cargo carrier (17 pounds), and Member must not otherwise use the cargo carrier improperly with regard to type of contents or any visual obstruction or riding impediment.
- operate a Hubway bicycle in extreme weather conditions, including snow, hail, and electrical storms, which make it more dangerous to operate a Hubway bicycle. Member is advised to adjust Member's riding behavior and braking distance to suit the weather conditions.
- allow others to use a Hubway bicycle that Member has removed from a Bike Dock. Member understands that when Member removes from a Hubway bicycle from a Bike Dock, it is to be used only by Member. Member must not transfer Member's system key, 7-digit code on the system key, or any other unique Member information to any other person.
- Member agrees, represents, and warrants that Member is a safe and competent bicycle operator, is physically able to safely ride a bicycle without a risk to the Member's health, is knowledgeable about the operation of a bicycle, and is knowledgeable about the laws pertaining to bicycles operated within the Commonwealth of Massachusetts and all cities and towns where the Service is offered and/or used. Like any physical activity, riding a Hubway bicycle may cause minor or major injuries or discomfort and may worsen or complicate underlying medical conditions or diseases. By choosing to ride Hubway bicycle, Member assumes all responsibilities and risks for all such injuries or other medical conditions.
- Member agrees that bicycles are machines that may malfunction, even if the bicycle is properly maintained, and that such malfunction may cause injury.
- Member agrees that Motivate does not provide or maintain places where to ride Hubway bicycles, and that Motivate and the Municipalities do not guarantee that there will always be a safe place to ride a Hubway bicycle. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards. Member must not use a Hubway bicycle for racing, riding off road, or any other use, besides safe operation on public or private roads or property and designated bicycle routes.
- Member agrees that Motivate and the Municipalities are not a common carrier. Alternative means of public and private transportation are available to the general public and to Member individually, including public buses and rail service, taxis, and pedestrian paths. Motivate and the Municipalities provide Hubway bicycles 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 Hubway bicycle on their own and who have agreed to all terms and conditions of this Agreement.
- Member agrees that access to the Service is denied to any person less than 16 years of age, whether or not accompanied by a parent or guardian. Minors who are at least 16 years of age may use the Service, but only if the Service is subscribed for by and under the responsibility of the minor's parent or legal guardian. By authorizing use of the Service by a minor, the parent or legal guardian agrees s/he is fully responsible and liable for all injuries, damages, and costs and expenses arising from or related to the minor's use of the Service and guarantees, represents, and warrants: (i) the parent’s or legal guardian’s; and (ii) the minor’s acceptance of and agreement and compliance with all terms and conditions of this Agreement as a Member.
- Member must report to the police and to Hubway Customer Service at 1-(855) - 9HUBWAY (948-2929) as soon as possible, but in no event later than 24 hours, after the occurrence of any of the following events: any crash, damage, loss, or personal injury while using a Hubway bicycle; any vandalism; any stolen or lost bicycle; and, any stolen or lost system key.
- Member is responsible for all charges, damages, or injuries incurred either directly or indirectly resulting from use of Member’s key prior to deactivation of the key by Motivate upon expiration of membership or a report to the Hubway Customer Service at 1-(855)- 9HUBWAY (948-2929) that the key is lost or stolen.
Section 18 Limitations on Availability of Service. Motivate makes every effort to provide the Service from March through November, but does not guarantee that the Service will be available at all times, as force majeure events or other circumstances might prevent Motivate from providing the Service. Access to the Service also is conditioned on the availability of Hubway bicycles at each Station. Motivate does not represent or warrant the availability of any Service or the availability of any Hubway bicycle at any Station. Member may use the Website to consult the inventory of Hubway bicycles available at a Station. Member agrees that Motivate may require Member to return a Hubway bicycle at any time.
Section 19 Term and Termination. The term of this Agreement begins when You first use the Service, and the term ends 10 years after Your last use of the Service; provided, however, that Your personal financial responsibility under Section 4 of this Agreement, titled Credit/Debit Card Matters, expires one year after the later of (i) Your last use of the Service, or (ii) the expiration of Your membership. At any time and from time to time, and without Member's consent, Motivate may unilaterally terminate Your right to use the Service, in Motivate's sole discretion and without any notice or cause. Member may terminate Member's use of the Service at any time; provided, however, that (i) no refund will be provided by Motivate, (ii) the term of this Agreement continues in accordance with this Section 18 of the Agreement, (iii) Member may still be charged any applicable additional fees in accordance with Sections 2 and 3 of this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Your right to use any of the Service, regardless of how the Agreement is terminated.
All Annual Memberships purchased on or after June 13, 2012 will be auto-renewed upon membership period expiration. Annual Members who have been enrolled into auto-renew may discontinue their membership from auto-renewing by deselecting the Auto-Renew Membership box found on the Profile page within the Member Area of the Website. Annual Members whom wish to be enrolled into auto-renew may do so by selecting the Auto-Renew Membership box found on the Profile page within the Member Area of the Website.
Within one year after a prior Membership expires, Member may renew their Membership on the Website, under the "Member Login" heading. If the Membership is not renewed within this period of time, then Member may be required to (i) take certain actions to reactivate Member's old account, or (ii) create an entirely new account for a new Membership. The Membership, and the personal identification number and system key related thereto, are non-transferable and may be terminated if Member breaches this Agreement, as decided by Motivate in its sole discretion. If a Membership is terminated for breach of this Agreement, then no refund is provided.
Section 20 Confidentiality of Information.
Personally identifiable information pertaining to Members that is held by Motivate includes names, addresses, phone numbers, email addresses, birth dates, and credit and debit card numbers, and further includes other information that, by its nature, is linked to personally identifiable information and could be used to identify You (such as, IP addresses linked to personally identifiable information). Personally identifiable information will be kept confidential by Motivate; provided, however, that (i) if there is any accident where a Member is unable to communicate personal information to the appropriate authorities, then Motivate may, in its sole discretion or as required by any of the Municipalities, provide the Member's name, address, phone number, and other important information to such authorities, and (ii) if Motivate receives a subpoena from any court or other authority, then Motivate will provide all requested information in accordance with applicable law. Further, Motivate may disclose personally identifiable information: (i) to investigate or defend against any allegation or claim against Motivate, any of the Municipalities or involving the Hubway Service; (ii) to assist government enforcement agencies; (iii) if required to do so by law; (iv) to Corporate Partners as described in Section 2 of this Agreement; or (v) for other lawful purposes that any of the Municipalities may determine to be reasonable and desirable.
Notwithstanding the forgoing, Member acknowledges and agrees that Motivate is the operator of the Hubway bike share system on behalf of the Municipalities who own Hubway. Personally identifiable information and Hubway usage information may be provided, in whole or in part, to any of the Municipalities for purposes of system monitoring and improvement, for promotion of municipal and/or bicycling related services and programs, as necessitated by the transition of the Hubway to another operator (in which event information will be provided to the successor operator), in relation to services You may choose to participate in, such as, purchasing a helmet through the Hubway website, and for any other lawful purposes that any of the Municipalities may determine to be reasonable and desirable, including, without limitation, in the event of an accident or receipt of a subpoena, as described in the previous paragraph, or other contemplated legal proceedings.
In addition to the forgoing, Your personally identifiable information may be shared with other third parties that provide part(s) of the Hubway services. In cases where Your personally identifiable information is disclosed to such third parties they are required to protect that information.
Please be advised that records held by municipalities are subject to the Massachusetts Public Records Law. Please further be advised that Hubway usage information that is not personally identifiable information is not subject to the restrictions set forth in this Section 20 and may be disclosed, as any of the Municipalities determine, for any lawful purpose.
Recipients of information received consistent with the provisions of this Section 20 may be able to combine information they properly obtained under this Section 20 with other information they independently possess concerning You. Neither Motivate nor the Municipalities are responsible for such recipients' later use of the information they properly obtained.
Section 21 Notice. You may contact Motivate by writing, calling, or emailing Motivate at the street address, telephone number, and email address listed below:
Motivate Bicycle Share, Inc.
P.O. Box 32059
Brooklyn, NY 11232
Customer Service: 1-(855)-9HUBWAY (48-2929)
Section 22 Choice of Law; Dispute Resolution. This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the Commonwealth of Massachusetts, 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 Commonwealth of Massachusetts and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in the Commonwealth of Massachusetts; and (iv) the parties must submit the dispute to mandatory mediation held in Commonwealth of Massachusetts. Every mediation must be completed within 6 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 6-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.
Section 23 Waiver. 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 terms of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term being waived or amended.
Section 24 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.
Section 25 Final Agreement; Modification by Motivate. 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 Member's consent, Motivate may unilaterally amend, modify, or change this Agreement, in its sole discretion and without any notice or cause. By continuing to use any Service after any amendment, modification, or change, Member has agreed to be bound by all such amendments, modifications, and changes. Member 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, Motivate will post a notification on the Website.
Section 26 Contract Interpretation. The headings in this Agreement do not affect the interpretation of this Agreement. "Or" is not 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.
Member Agreement to Bicycle Rental Agreement
I certify that I am the Member, I am 18 years old or over, and I have read and agree to the terms and conditions set forth in the Bicycle Rental Agreement.
I certify that I am the Parent and/or Legal Guardian of the Member, who is at least 16 years old, and I am 18 years old or over. I have read, and I agree to, the terms and conditions set forth in the Bicycle Rental Agreement and authorize use of the Service by the minor Member.
EFFECTIVE DATE: April 20, 2015 (April 15, 2015 for new annual and monthly members who sign up on or after that date)