Last Modified: February 26, 2019
- Contractual Relationship; Acceptance of Terms
When you use certain parts of the Services, you may need to read and accept the relevant supplementary terms and other related special rules posted on the Services, including those that may apply specifically to services provided by Third Party Providers. In the event of any conflict between such supplementary terms, special rules, and this Agreement, the more stringent supplemental terms and special rules applicable to specific services shall prevail when specific services are used.
- Modifications and Amendments to the Agreement
HOPR and the Third Party Providers may amend such terms and/or conditions of the Agreement for which they are responsible from time to time. Amendments will be effective upon HOPR’s and/or a Third Party Provider, as applicable, posting such updated terms on its respective website or mobile application. In some cases, as determined in HOPR’s sole discretion, HOPR may provide additional notice to you, such as via the Services or to an email address you have provided to HOPR. Your continued access or use of the Services after such posting confirms your consent to be bound by the Agreement, as amended. If HOPR or any of its Third Party Providers changes the terms and/or condition after the date you first agreed to the Agreement (or to any subsequent changes to the Agreement), you may reject any such change by providing HOPR notice of such rejection within thirty (30) days of the “Last Modified” date found at the top of this Agreement or within thirty (30) days of a modification made by a Third Party Provider, if applicable (“Notice”). For the Notice to be effected:
- you must provide such Notice by email from the email address associated with your account to firstname.lastname@example.org;
- the Notice must include your full name; and
- the Notice must clearly indicate your intent to reject changes to the Agreement.
HOPR reserves the right to terminate this Agreement and your use of the Services as a result of such Notice.
- The Services
3.1 Generally. The Services comprise mobile applications and related services (each, an “Application“), which enable users to arrange and schedule transportation, logistics and/or delivery services, including with third party providers of such services and goods under agreement with HOPR (“Third Party Providers“). Unless otherwise agreed to by HOPR in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use in accordance with the terms and conditions set out in the Agreement. You also acknowledge that the Services may be made available under such brands or request options by or in connection with independent Third Party Providers, including Transportation Network Company drivers, Transportation Charter Permit holders or holders of similar transportation permits, authorizations or licenses. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION, LOGISTICS AND/OR DELIVERY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH HOPR AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.
3.3 License. Subject to your compliance with this Agreement, HOPR grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by HOPR and HOPR’s licensors.
3.4 Covenants. At all times that you access and/or use the Services, you agree that you shall: (i) comply with the Agreement and all applicable laws; (ii) provide accurate information and update your information so it remains accurate at all reasonable times; (iii) use your real name and accurate personal information for the Services; and (iv) use the Services in a civilized and professional manner.
3.5 Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by HOPR; (iii) decompile, reverse engineer or disassemble the Services; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
3.6 Intellectual Property Rights. The Services and all intellectual property rights therein are and shall remain HOPR’s property or the property of HOPR’s licensors. Neither the Agreement nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted in section 3.1 above; or (ii) to use or reference in any manner HOPR’s company names, logos, product and service names, trademarks or services marks or those of HOPR’s licensors.
- Registration & User Accounts
4.1 User Account Required. To access and/or use most aspects of the Services, you must register for and maintain an active personal user account (“Account“) by completing the registration process on HOPR’s website or through any Application. Unless otherwise permitted by HOPR in writing, you may only possess one Account. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to HOPR certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by HOPR. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and/or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. HOPR recommends you change your password every ninety (90) days. HOPR shall not be responsible for any loss, claim, or other liability that may arise from the unauthorized use of your Account or password. You agree to immediately notify HOPR of any unauthorized use of your Account or password or any other breach of security by emailing HOPR at email@example.com.
4.2 User Requirements and Conduct. The Services are not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services provided by HOPR or any of its Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to a Third Party Provider or any other person. In certain instances, you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
4.3 Collection of Personal Information The collection and use of personal information in connection with the Services is described in HOPR’s Privacy Statement which is available here: https://gohopr.com/privacy/, as well as in applicable Third Party Provider policies available from such Third Party Providers.
4.4 Referrals and Promotional Codes. HOPR may, in its sole discretion, create referral and/or promotional codes (“Promo Codes“) that may be redeemed for discounts on future Services and/or a Third Party Provider’s services, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that HOPR establishes from time to time. You agree that Promo Codes: (i) must be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by HOPR; (iii) may be disabled by HOPR at any time for any reason without liability to HOPR; (iv) may only be used pursuant to the specific terms that HOPR establishes for such Promo Code; (v) are not valid for cash or redeemable for other uses, unless expressly permitted by HOPR; and (vi) may expire prior to your use. HOPR reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that HOPR determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of this Agreement.
4.5 User Provided Content. HOPR may, in HOPR’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to HOPR through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content“). Any User Content provided by you remains your property. However, by providing User Content to HOPR, you grant HOPR and its Third Party Providers a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and HOPR’s or any of its Third Party Provider’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant HOPR the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor HOPR’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable laws. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by HOPR in its sole discretion, whether or not such material may be protected by law. HOPR may, but shall not be obligated to, review, monitor, or remove User Content, at HOPR’s sole discretion and at any time and for any reason, without notice to you.
4.6 Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device, which fees you are fully responsible for and HOPR has no responsibility whatsoever to pay or reimburse you for. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. HOPR does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
- How It Works
5.1 Costs. To use the Services, you must download the HOPR Application. When ready to use the Services, use the HOPR Application to locate an available bike. Once you have located an available bike, scan the QR code on the lock, and conduct an inspection of the bike for any defects or safety issues, including checking the brakes for proper operation. To end your use of the Services, park the bike at a HOPR hub and lock the wheel to end your ride.
In order to rent a bike under the Services, you must purchase time in accordance with the following options:
- Santa Barbara (UCSB)
- Pay Per Ride: $1.00 to unlock plus 15¢ per minute of ride time, with a $10.00 minimum prepaid charge required when you use the Pay Per Ride plan for the first time. If a rider utilizes the Pay Per Ride plan, and their account balance is insufficient to cover any charges incurred, then the user will be charged a minimum amount of $2.00, regardless of the amount of actual ride time incurred over and above their account balance; provided, however, that any amount charged over the actual ride time spent will be added to your account balance for future usage. For example, if your account had a balance of $1.00 and you incurred $2.00 worth of additional ride time, then your account will be billed $2.00, with $1.00 being deducted to cover the overage and the other $1.00 being credited to your account.
- 30 Day: $10.00 per month. Plan entitles user unlock devices free ($1 to unlock charge waived) and 10¢ per minute of ride time.
- Annual Pass: $75.00 per year. Plan entitles user to 30 minutes of ride time per calendar day (“Daily Riding Time”). During each calendar day included in the year for which your pass is valid, you may use your entire allotted Daily Ride Time in one trip or in multiple trips. There will be no rollover credit for any unused Daily Riding Time. If you exceed your allotted Daily Riding Time in any one calendar day, then you will be charged 10¢ per minute. Annual pass includes battery lease. If user wants to keep the battery once membership is terminated, they can for a $50 fee.
- Los Angeles
- Pay Per Ride: $1.00 to start and 10¢ per minute of ride time, with a $10.00 minimum prepaid charge required when you use the Pay Per Ride plan for the first time. If a rider utilizes the Pay Per Ride plan, and their account balance is insufficient to cover any charges incurred, then the user will be charged a minimum amount of $2.00, regardless of the amount of actual ride time incurred over and above their account balance; provided, however, that any amount charged over the actual ride time spent will be added to your account balance for future usage. For example, if your account had a balance of $1.00 and you incurred $2.00 worth of additional ride time, then your account will be billed $2.00, with $1.00 being deducted to cover the overage and the other $1.00 being credited to your account.
- Monthly Pass: $10.00 per month. Plan entitles user to unlimited unlocks free of charge. Ride time is charged at 10¢ per minute.
- Access Pass: Riders will be charged $5/per month with verifiable income reported upon membership registration to the Operator. Verification of enrollment in the California Department of Social Services assistance program(s) is required. Membership will be pending until verification is confirmed by Customer Service. Customer service can be reached by phone at 833-838-8300. Access pass provides rider a fixed amount of “Daily Riding Time” defined as the number of minutes included with the plan each day, or as use per day. The plan includes 30 minutes of usage per calendar day, which may be used in one trip or multiple trips. There will be no rollover credit. Riding minutes in excess of plan minutes will be rounded to the next highest minute and be charged at 10¢ per minute.
- Tampa Bay
- Pay Per Ride: $1.00 to start and 15¢ per minute of ride time, with a $10.00 minimum prepaid charge required when you use the Pay Per Ride plan for the first time. If a rider utilizes the Pay Per Ride plan, and their account balance is insufficient to cover any charges incurred, then the user will be charged a minimum amount of $2.00, regardless of the amount of actual ride time incurred over and above their account balance; provided, however, that any amount charged over the actual ride time spent will be added to your account balance for future usage. For example, if your account had a balance of $1.00 and you incurred $2.00 worth of additional ride time, then your account will be billed $2.00, with $1.00 being deducted to cover the overage and the other $1.00 being credited to your account.
- 1 Day pass. $15 and is valid from time of purchase until midnight of the same day. 1 Day pass provides rider a fixed amount of “Daily Riding Time” defined as the number of minutes included with the plan each day, or as use per day. The plan includes unlimited minutes of usage, which may be used in one trip or multiple trips.
- 30 Day Pass: $20.00 per month. Monthly pass provides rider a fixed amount of “Daily Riding Time” defined as the number of minutes included with the plan each day, or as use per day. The plan includes 60 minutes of usage per calendar day, which may be used in one trip or multiple trips. There will be no rollover credit. Riding minutes in excess of plan minutes will be rounded to the next highest minute and be charged at 10¢ per minute.
- Annual Pass: $99.00 per year. Annual pass provides rider a fixed amount of “Daily Riding Time” defined as the number of minutes included with the plan each day, or as use per day. The plan includes 60 minutes of usage per calendar day, which may be used in one trip or multiple trips. There will be no rollover credit. Riding minutes in excess of plan minutes will be rounded to the next highest minute and be charged at 10¢ per minute.
- 30 Day Student Pass: $10.00 per month. Student email (.edu) is required for membership registration to the Operator. Monthly student pass provides rider a fixed amount of “Daily Riding Time” defined as the number of minutes included with the plan each day, or as use per day. The plan includes 60 minutes of usage per calendar day, which may be used in one trip or multiple trips. There will be no rollover credit. Riding minutes in excess of plan minutes will be rounded to the next highest minute and be charged at 10¢ per minute.
- 90 Day Student Pass: $25.00 per 90 day period.. Student email (.edu) is required for membership registration to the Operator. Monthly student pass provides rider a fixed amount of “Daily Riding Time” defined as the number of minutes included with the plan each day, or as use per day. The plan includes 60 minutes of usage per calendar day, which may be used in one trip or multiple trips. There will be no rollover credit. Riding minutes in excess of plan minutes will be rounded to the next highest minute and be charged at 10¢ per minute.
- Annual Student Pass: $75.00 per year. Student email (.edu) is required for membership registration to the Operator. Annual student pass provides rider a fixed amount of “Daily Riding Time” defined as the number of minutes included with the plan each day, or as use per day. The plan includes 60 minutes of usage per calendar day, which may be used in one trip or multiple trips. There will be no rollover credit. Riding minutes in excess of plan minutes will be rounded to the next highest minute and be charged at 10¢ per minute.
5.2 Auto-Renewal Options. Monthly and Annual Plans can be set to auto-renew. Monthly plans set to auto-renew will charge you every thirty (30) days until you cancel the membership. Annual plans set to auto-renew will charge you yearly until the membership is canceled by you. To cancel your membership or change your auto-renewal settings, visit your account in the HOPR app.
5.3 Overage Fees. Users with membership plans shall be responsible to pay any additional time beyond the time to which they are entitled in their chosen plan on any given day. You agree to pay for any additional time beyond the allocated use time provided for in the plan at the plan rate.
5.4 Maximum Rental Time. With the exception of a Weekend Explorer Passes, if a bike is not returned and locked within 12 hours of the start of your rental period, the bike may deem to be stolen and you will be assessed a lost/stolen bike fee of $1,500.00.
5.5 FEE FOR NOT ENDING A RIDE IN A HOPR POND. Each time a Rider does not return a device to a designated Pond the Operator may charge Rider a fee.
5.6 Repair Fee. If a bike is damaged during your use of the bike or while rented to you, beyond regular wear and tear, as a result of negligent or intentional conduct on the part of you, then you shall be charged a fee that is equal to the cost of repairing such damage.
5.7 Violations. You shall be completely responsible, and shall indemnify HOPR for any tickets or fees assessed against the bike or HOPR during your use of the bike or as a result of the location where your parked the bike. You are responsible for all tickets and moving violations incurred during the rental period. You agree to reimburse HOPR for any costs, expenses and/or attorney’s fees for processing, pursuing and/or defending any such claims.
5.8 Representations and Warranties. As a condition precedent to HOPR’s agreement to allow you to use the Services and to rent a bike, you represent and warrant to HOPR that:
- You meet the minimum age requirements: (1) is 18 years of age or older to check out a bike with a credit card; and (2) is 16 years of age or older to ride.
- You are experienced and familiar with the safe and competent operation of a bike, and that he/she is physically and mentally fit to ride the bike.
- You are familiar with all applicable local, state, and county rules, regulations, codes and laws that relate to the safe and legal operation of a bike.
5.9 Acknowledgement and Agreements. As a condition precedent to HOPR’s agreement to allow you to use the Services and to rent a bike, you acknowledge and agree as follows:
- You are fully aware that riding a bike on streets poses a risk of accident due to motorists, pedestrians, and road conditions, and you must keep a proper lookout to avoid such accidents.
- You are fully trained and capable of operating and riding a bike and are not relying on HOPR to learn how to operate or ride a bike.
- Failure to use a helmet and protective gear or to use the bike in a careful and reasonably competent manner may result in bodily injury or death.
- You are solely responsible for obtaining and using a helmet and protective gear.
- If you are under the age of 18 and using the Services in California, then you are required to wear a helmet pursuant to California Vehicle Code § 21212(a).
- You are solely responsible for operating and riding a bike in a careful and reasonably competent manner.
- A helmet and protective gear, even when used, does not eliminate the risk of bodily injury in the event of an accident.
- All bikes are and shall remain the exclusive property of HOPR at all times.
- You are solely responsible for any moving violations and/or fines incurred by you while using the bike, including any fees for parking the bike in prohibited locations.
- HOPR is not obligated to provide insurance of any kind related to you or your use of the bike, and in the event that HOPR, at its option, carries insurance, you shall remain liable for any liability, property damage, personal injury, injury to others, damages, penalties, fines, losses, and/or expenses of any kind whatsoever.
- If you cause damage to property or injury to another party while operating or in possession of a bike, you are solely liable for such damage or injury. You agree to defend and hold harmless HOPR from any and all losses, liabilities, claims, causes of action, costs, fees, penalties or the like arising from your use or possession of the bike.
- You shall return the bike to HOPR in the same condition as when received.
- You are liable for any and all damages resulting from improper use or abuse of the bike and the cost of such damages.
- HOPR provides the bikes as a convenience, with such bikes only to be used by those persons who are able and qualified to operate a bike on their own and who have agreed to all terms and conditions of this Agreement.
5.10 Requirements. As a condition precedent to HOPR’s agreement to allow you to use the Services and to rent a bike, you agree to do the following:
- Carefully inspect the bike that you wish to rent prior to use to ensure the bike is good operating condition.
- Test the bike’s operating components before proceeding with the intended use, including, but not limited to the brakes, tires, gears, pedals, lights, frame and saddle.
- Promptly notify HOPR’s customer service of any defect, malfunction or needed repair to a bike.
- Adjust saddle to proper height prior to operating the bike.
- Adjust your bike riding behavior for safe operation according to weather conditions.
- Adjust your bike riding behavior so that it is that of a reasonably experienced and prudent bike rider.
- Contact the operator of the station where you rented the bike and local police immediately in the event of theft of the bike or an accident that occurred during your use of the bike resulting in bodily injury.
5.11 Restricted Uses. You agree not do any of the following acts:
- Use any bike if you are younger than 16 years of age.
- Use any bike if you are not physically and mentally fit to ride the bike or otherwise unable to operate the bike in a safe condition with regards to the health and safety of you as well as other third parties.
- Operate a bike while carrying any item that impedes your ability to safely operate the bike.
- Operate a bike while under the influence of alcohol, drugs, or any other substance that impair your ability to safely operate the bike.
- Use any cell phone or mobile electronic device, including, but not limited to, for the purposes of phone calls, text messages, music or any other use that distracts you from the safe operation of the bike.
- Allow any other person to use the bike or allow more than one person to be carried on the bike.
- Overfill the bike basket or place objects weighing in total more 20 pounds in the bike basket.
- Violate any applicable federal, state, or local law.
- Operate or use a bike in any manner during adverse weather conditions, including but not limited to: hail, dust storms, fog, heavy rains, or lightning storms.
- Ride or operate a bike that has any defect, fails to operate as a properly functioning bike or that is in need of repair.
- Continue using the bike if it, or any component of it, should become defective or malfunction.
- Use the bike for racing, trick riding, jumping, stunt riding and/or, off-road riding.
- Use the bike for any commercial purposes.
- Tow, pull, carry or push any person or object with a bike.
- Remove or modify any accessories, parts or components of any bike.
- Ride the bike without paying applicable user fees at the time they become due.
5.12 Rental of Multiple Bikes. Subject to program requirements and availability, you may rent up to four (4) bikes at the same time on your account. If you elect to rent multiple bikes at the same time, you agree to rent the first bike for your own use and to make subsequent bikes available to additional riders; such subsequent bikes will be charged as per the applicable Pay Per Ride Plan rate as set out in subsection 5.1 above. Prior to riding, all additional riders renting a bike under your account must review and accept the full terms of this Agreement, except such requirements outlined herein to create an account. You further acknowledge and agree that: (a) you shall be responsible for each bike rented under your account; (b) you shall be responsible for ensuring that any individual operating or using a bike rented under your account reads, understands and complies fully with this Agreement, except such requirements outlined herein to create an account; (c) you are fully and completely responsible and liable for all claims, damages, costs or fees arising from or related to all additional riders’ use of bike(s) rented under your account; and (d) you expressly agree to indemnify and defend HOPR, and hold it harmless, for any harm to person or property resulting from the rental of bike(s) for additional rider(s) under your account.
6.1 Charges Generally; Modifications. You understand that your use of the Services may result in charges to you for the services or goods you receive (“Charges“). Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees as may be applied by Third Party Providers. As between you and HOPR, HOPR reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in HOPR’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. HOPR will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. HOPR may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee. HOPR may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.
6.2 Payment Methods. All Charges and payments will be enabled by HOPR using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that HOPR may use a secondary payment method in your Account, if available, or reject your use of the Services. Charges paid by you are final and non-refundable, unless otherwise determined by HOPR.
6.3 Third Party Payment Processors. HOPR may use a third-party payment processor (the “Payment Processor”) to link your credit or debit card account to the Services. The processing of payments or credits, as applicable, in connection with your use of the Services shall be subject to the terms, conditions, and privacy policies of the Payment Processor and your credit or debit card issuer in addition to this Agreement. HOPR is not responsible in any way for any errors by the Payment Processor or by your credit card or debit card issuer.
6.4 Charges Owed Directly to Third Party Providers. In certain cases, with respect to certain Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and HOPR will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent. In such cases, payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. This payment structure is intended to fully compensate such applicable Third Party Provider for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to HOPR or its affiliates.
6.5 Repair, Cleaning or Lost and Found Fees. You shall be responsible for the cost of repair for damage to, or necessary cleaning of, bike(s) and/or property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning“). In the event that a Repair or Cleaning is necessary as a result of your use of the Services, as determined in in HOPR’s sole discretion, HOPR reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by HOPR to a Third Party Provider, if applicable, and are non-refundable.
- Disclaimers; Limitation of Liability.
7.1 DISCLAIMER. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, THE USE OF SERVICES PURSUANT TO YOUR ACCOUNT, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, INCLUDING ANY HOPR BIKES, REMAINS SOLELY WITH YOU. YOU FURTHER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE SERVICES, INCLUDING BIKES, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, HOPR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THE AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, HOPR MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. HOPR DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS OR ANY SERVICES OR GOODS WHATSOEVER PROVIDED BY THIRD PARTY PROVIDERS.
7.2 LIMITATION OF LIABILITY. HOPR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF HOPR, EVEN IF HOPR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOPR SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF HOPR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (iii) YOUR BREACH OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY LAW; (IV) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU OR BY HOPR OR ANY OF ITS THIRD PARTY PROVIDERS; OR (V) YOUR FAILURE TO WEAR A HELMET OR OTHERWISE APPROPRIATE PROTECTIVE GEAR OR CLOTHING WHILE USING A HOPR BIKE, OR THE FAILURE OF SUCH HELMET OR PROTECTIVE GEAR OR CLOTHING TO PREVENT DEATH OR INJURY. HOPR SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND HOPR’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING SERVICES MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT HOPR HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THE AGREEMENT. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, HOPR’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON HOPR’S CHOICE OF LAW PROVISION SET FORTH BELOW.
8.1 Your Indemnification Obligations. You agree, without limitation, to indemnify and hold HOPR, its affiliates and Third Party Providers, and each of their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees),whether direct or indirect, including consequential, exemplary, incidental, special and punitive damages, and lost profits, arising out of or in connection with or otherwise relating to: (i) your use of the Services; (ii) your breach or violation of any of the terms of this Agreement; (iii) HOPR or any Third Party Provider’s use of your User Content; and/or (iv) your violation of the rights of any third party, including Third Party Providers.
8.2 Third Party Claims. If your conduct causes HOPR to pay any third parties’ claims, you are solely responsible to HOPR for all the losses after HOPR undertakes monetary and other obligations to such third parties.
- Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY AS IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. BY AGREEING TO THE AGREEMENT, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST HOPR ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THIS SECTION, AND YOU ARE HEREBTY PRECLUDED FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST HOPR, AND YOU ARE ALSO HEREBY PRECLUDED FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST HOPR BY SOMEONE ELSE. BY ENTERING INTO THIS AGREEMENT AND UTILIZING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS SECTION 9 AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
9.1 Agreement to Binding Arbitration between You and HOPR. You acknowledge and agree that any dispute, claim or controversy arising out of or relating to: (a) this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof; and/or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Agreement, will be settled by binding arbitration, and not in a court of law, unless otherwise agreed-to by HOPR. You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless HOPR agrees otherwise in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and HOPR each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
9.2 Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Florida.
9.3 Notice Requirement; Informal Dispute Resolution. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The written demand must state the nature and basis of the claim or dispute and the requested relief. A written demand to HOPR shall be sent to the following address: CycleHop, LLC 350 Lincoln Road, 2nd Floor, Miami Beach, FL 33143. After the notice is received, the parties may attempt to resolve the claim or dispute informally. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. If the claim or dispute is not resolved within thirty (30) days after the notice is received, either party may begin an arbitration proceeding. The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879. The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Florida and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
9.4 Location and Procedure. Unless you and HOPR otherwise agree, the arbitration will be conducted in Miami, Florida. If your claim does not exceed $10,000, then the arbitration will be a binding non-appearance-based arbitration conducted solely on the basis of documents you and HOPR submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitration for non-appearance based arbitrations shall be conducted by telephone, online and/or based solely on written submissions, and the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
9.5 Arbitrator’s Decision. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. HOPR will not seek, and hereby waives all rights HOPR may have under applicable law to recover, attorneys’ fees and expenses if HOPR prevails in arbitration.
9.6 Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. Each party shall bear its own cost (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the Arbitrator.
9.7 Severability and Survival. If any portion of this Dispute Resolution section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Agreement; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Dispute Resolution requirements or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Dispute Resolution requirements; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
9.8 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION 9 MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER UNLESS SPECIFICALLY AGREED TO IN WRITING BY HOPR.
9.9 Confidentiality. All aspects of the arbitration proceeding, including but not limited to, the award of the Arbitrator and compliance therewith, shall be strictly confidential. You agree to maintain confidentiality unless otherwise required by law. This subsection 9.9 shall not prevent a party from submitting to a court of law any information necessary to enforce this section 9, to enforce an arbitration award, or to seek injunctive or equitable relief.
9.10 Small Claims Court. Notwithstanding the foregoing, either you or HOPR may bring an individual action in small claims court.
9.11 Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a court having jurisdiction in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this section 9.
9.12 Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of infringement or misappropriation of HOPR and/or Third Party Providers’ patent, copyright, trademark or trade secrets rights shall not be subject to this section 9.
9.13 Survival of Agreement. This section 9 shall survive the termination of your relationship with HOPR.
- Termination of Use of the Services
- Copyright Policy
11.1 Violation of Rights; Suspension of Account. HOPR respects the intellectual property rights of others and expect users of the Services to do the same. In appropriate circumstances and at HOPR’s sole discretion, HOPR may terminate and/or disable the accounts of users suspected to be infringing the copyrights and/or other intellectual property rights of others. Additionally, in appropriate circumstances and in HOPR’s sole discretion, HOPR may remove or disable access to material on any of HOPR’s websites or hosted on HOPR’s system(s) that may be infringing or the subject of infringing activity.
11.2 Reporting Infringement Claims. Claims of copyright infringement should be sent to HOPR’s designated agent, at the following email address firstname.lastname@example.org.
- Miscellaneous Provisions
12.1 Rules of Construction. The following apply to the interpretation of the Agreement:
- A word in the singular form may be read in the plural form if the context allows it and a word in the plural form may be read in the singular form if the context allows it. All genders are included in any gender expressed.
- The words “include”, “includes” and “including” are to be read as if they are followed by the phrase “without limitation”.
- If a party is comprised of more than one person, then all covenants and agreements of that party are joint and several.
- Any reference to a statute means that statute, and any regulations made under it, all as amended or replaced from time to time.
12.2 Choice of Law. The Agreement is governed by and construed in accordance with the laws of the state of Florida without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region. You agree that, to the extent applicable and expressly subject to the dispute resolution procedures set out in section 9 above, to submit to the exclusive jurisdiction of the applicable courts located in Miami-Dade County, Florida in circumstances where the terms of this Agreement permit litigation in court.
12.3 Notice. HOPR may give notice by means of a general notice on the Services, electronic mail to your email address associated with your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to HOPR, with such notice deemed given when received by HOPR, at any time by sending an email with your name from the email account associated with your Account to email@example.com.
12.4 Assignment. You may not assign this Agreement without HOPR’s prior written approval, which HOPR may withhold in its own discretion. HOPR may assign this Agreement without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of HOPR’s equity, business or assets; or (iii) a successor by merger. Any purported assignment by you in violation of this section 12.4 shall be void and of no force or effect.
12.5 Relationship of Parties. No joint venture, partnership, employment, or agency relationship exists between you, HOPR and/or any Third Party Provider as a result of this Agreement or use of the Services.
12.6 Entire Agreement; Severability. This Agreement, any applicable privacy policies, and any additional terms and conditions that HOPR or any Third Party Provider provide to you in connection with the Services and/or this Agreement constitute the sole and entire agreement between the parties regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
12.7 No Waiver. No waiver by HOPR of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by HOPR to asset a right or provision under this Agreement shall not constitute a waiver of such right or provision. HOPR’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by HOPR in writing. This provision shall not affect the severability and survivability section set forth above in subsection 9.7.