Effective: April 29, 2019
Countries/Territories: United States of America
These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Skinny Labs Inc., d/b/a Spin ("Spin" or "we"), a wholly owned subsidiary of the Ford Motor Company, that governs your access to and use of any and all products and services that Spin provides, including, without limitation, (i) the Spin website located at https://www.spin.app/ (the "Site"), (ii) the Spin mobile application ("App"), (iii) any vehicle or other transportation device provided by Spin, including but not limited to, bicycles, electric bicycles, electric kick scooters, and any other transportation device provided by Spin (collectively, “Spin Scooters”), (iv) any other equipment, product or services that relate to or concern the rental or use of spin scooters, and (v) any other features and/or services offered by Spin ((i) through (v), collectively, the "Services"). Your access to, and use of, the Services is expressly conditioned on your agreement to these Terms.
SECTION 10 (ARBITRATION AGREEMENT) OF THESE TERMS CONTAINS AN ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AND SPIN AGREE TO SUBMIT ANY DISPUTE TO BINDING ARBITRATION RATHER THAN PROCEEDING IN COURT, WITH THE EXCEPTION OF CERTAIN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS NOTED BELOW. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, YOU WILL BE PERMITTED TO PURSUE CLAIMS OR SEEK RELIEF AGAINST SPIN ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
IN ADDITION, THIS AGREEMENT CONTAINS DISCLAIMERS, ASSUMPTION-OF-RISK PROVISIONS, AND A RELEASE OF LIABILITY (THE "RELEASE OF LIABILITY") MADE AVAILABLE HERE AND INCORPORATED BY REFERENCE INTO THESE TERMS.
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SPIN. BY ACCESSING OR USING THE SERVICES:
If these Terms have changed since you last accessed or used the Services, you acknowledge and agree that your continued access or use of the Services constitutes your acceptance of the changed Terms;
You represent and warrant that you are at least eighteen (18) years of age and have the right, authority, and capacity to enter into these Terms; and
You consent to receive communications from us electronically, and you agree that such electronic communications, notices, and postings satisfy any legal requirements that such communications be in writing
Please read these Terms carefully, as they may have changed. Though your access and use of the Services is governed by the Terms effective at the time, please note that we may revise and update these Terms from time to time in our sole discretion. If we make material changes to these Terms, we will notify you by email or by posting a notice to the Services prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made.
1. YOUR USE OF THE SPIN SCOOTERS AND OTHER SERVICES
1.1. You are the sole operator of the Services. You and Spin are the only parties to these Terms and you are therefore are the only authorized operator of a Spin Scooter that is rented through your account. You represent, warrant, and covenant that you will not permit another person, either alone, or together with you, to use any Spin Scooter rented by you or through your account, or any Services obtained by you or through your account. Without limiting the foregoing, you alone are responsible for complying with these Terms and for any breach of these Terms and any damage and/or liability arising from your operation of any Spin Scooter or any third party's use of any Spin Scooter rented through your account.
1.2. You are at least 18 years old. You represent and warrant that you are at least eighteen (18) years of age.
1.3. You have inspected the Spin Scooter before operating it. You represent, warrant and covenant that, before each use of a Spin Scooter, you will conduct a basic safety inspection of such Spin Scooter, which includes inspecting: safe operation of brakes and lights; proper direction of wheels; condition of the frame; sufficient battery charge; and any signs of damage, disrepair, unusual or excessive wear, or other signs of mechanical and/or maintenance needs (each, a "Safety Issue"). You shall immediately notify Spin if you identify a Safety Issue and are prohibited from riding any Spin Scooter on which there is a Safety Issue.
1.4. You are a competent user. You represent and warrant that you are familiar with the operation of the Spin Scooters, are physically fit to use a Spin Scooter, and do not have any health problems or medical conditions that would make using a Spin Scooter unsafe in any way.
1.5. You will not engage in distracted operation of the Spin Scooter. You represent, warrant, and covenant that, for the duration of your operation of a Spin Scooter, you will not use any cellular telephone, text messaging device, portable music player, or any other device that may distract you from operating the Spin Scooter safely.
1.6. You will not use the Spin Scooter when hazardous conditions are present. You represent, warrant, and covenant that you will not use a Spin Scooter when environmental conditions (i.e. weather, road surface, congestion, etc.) are unsafe, on any unpaved roads, through water, through uneven terrain (including, without limitation, on mountains), through unsafe traffic conditions, on highways or freeways, or in any location where use of a Spin Scooter is prohibited, illegal, and/or is a nuisance. You acknowledge and agree that Spin does not provide or maintain places at or on which to ride Spin Scooters and that Spin makes no representation, warranty, covenant, or guarantee with respect to the conditions of any road, sidewalk, vehicle lane, vehicle route, or other thruway you may access in connection with your use of a Spin Scooter.
1.7. You will not use the Spin Scooter if your ability to use it is impaired. You represent, warrant, and covenant that you will not ride a Spin Scooter while under the influence of drugs, alcohol, medication, and/or any other substance that may impair your ability to ride the Spin Scooter.
1.8. You will not race the Spin Scooter or perform stunts with the Spin Scooter. You represent, warrant, and covenant that you will not race the spin Scooter or perform stunts with the Spin Scooter.
1.9. You will not place anything on the Spin Scooter or use the Spin Scooter while holding anything that impedes your ability to safely use it. You represent, warrant, and covenant that you will not place any objects on the Spin Scooter or use the Spin Scooter while holding any object that impedes your ability to safely use it. These objects include, without limitation, backpacks, bags, briefcases, and/or any other item that can alter the balance of the Spin Scooter or otherwise impede your ability to safely ride it.
1.10. You will wear proper equipment, including a helmet, while using the Spin Scooter. You represent, warrant, and covenant that, at all times while using a Spin Scooter, you will wear appropriate equipment, including, without limitation, suitable footwear (e.g., tied sneakers, no sandals) and a helmet that is properly fitted and fastened in accordance with the manufacturer's instructions and meets CPSC, Snell, or ASTM helmet standards (a "Helmet") which can be found here. Notwithstanding the foregoing, Spin does not make any representation, warranty, covenant, or guarantee with respect to the safety, quality, or other characteristics of any Helmet.
1.11. You will not use the Spin Scooter for commercial purposes. You represent, warrant, and covenant that you will not use the Spin Scooter for any commercial purposes, including, without limitation, for hire, reward, rideshare, food delivery, or advertising services.
1.12. You will not tamper with, alter, or vandalize the Spin Scooter. You represent, warrant, and covenant that you will not tamper with, alter in any way, or vandalize the Spin Scooter.
1.13. You will use the Spin Scooter in compliance with all applicable laws, rules, regulations, and ordinances. You represent, warrant, and covenant that you will only use the Spin Scooter in compliance with all applicable laws, rules, regulations, and ordinances. It is your sole responsibility to be familiar with the applicable laws, rules, regulations, and ordinances of the jurisdiction in which you are using the Spin Scooter.
1.14. You will park the Spin Scooter in accordance with our instructions and in compliance with all applicable laws, rules, regulations, and ordinances. You represent, warrant, and covenant that you will park the Spin Scooter in lawful parking spots in an upright position and will not park the Spin Scooter on unauthorized private property, in a locked area, in heavily trafficked areas, or in any other unapproved space. Without limiting the foregoing, you represent, warrant, and covenant that you will return the Spin Scooter to the proper parking area in clean and working condition after your use.
1.15. You will use the Spin Scooter in accordance with the "rules of the road." You represent, warrant, and covenant and that you will obey all street signs, signals, rights-of-way, and markings, that you will use the Spin Scooter with courtesy and respect towards third parties, and that you will not block sidewalks, access ramps, bus stops, or landscaped areas.
1.16. You will return the Spin Scooter in the condition in which you rented it. You represent, warrant, and covenant that you will return the Spin Scooter in the condition in which you rented it, except for any ordinary wear and tear.
1.17. You will not rent the Spin Scooter for more than 24 hours at a time. The maximum rental time of a Spin Scooter is 24 hours. You represent, warrant, and covenant that you will conclude your ride within a service zone and lock the Spin Scooter (a "Return") within 24 hours of the time at which you unlocked or otherwise began renting such Spin Scooter.
1.18. THE FOREGOING LIST IS NOT INTENDED TO BE EXHAUSTIVE AND ANY UNREASONABLE OR INAPPROPRIATE USE OF A SPIN SCOOTER, AS DETERMINED BY SPIN IN ITS SOLE DISCRETION, OR ANY VIOLATION OF APPLICABLE LAWS, RULES, REGULATIONS, AND/OR ORDINANCES WILL BE DEEMED TO BE A VIOLATION OF THESE TERMS. WITHOUT LIMITING THE FOREGOING, THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS ARE CUMULATIVE TO EACH OTHER AND NOT EXCLUSIVE OF EACH OTHER, AND NO REPRESENTATION, WARRANTY, OR COVENANT IN THIS SECTION 1 WILL LIMIT ANY OTHER REPRESENTATION, WARRANTY, OR COVENANT IN THIS SECTION 1 OR THESE TERMS. You acknowledge and agree that Spin does not control, and has no right to control, you or other third parties with whom you may come into contact while using the Spin Services, including, without limitation, pedestrians, bikers, other users of Spin Scooters, or other vehicles.
1.19. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY MISUSE, CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, HARM, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN, AS A RESULT OF USING ANY OF THE SERVICES.
2. RELEASE OF LIABILITY
AS A CONDITION OF USING THE SERVICES (INCLUDING, FOR CLARITY AND WITHOUT LIMITATION, ANY SPIN SCOOTER) YOU hereby accept AND AGREE TO the “RELEASE OF LIABLITY,” WHICH CAN BE FOUND [HERE] AND IS HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS, including any defined terms therein. You represent, warrant, and covenant that you have read, understood, and accept the Release of Liability. You acknowledge and agree that riding a Spin Scooter is an inherently dangerous activity that involves both obvious and non-obvious risks of physical harm, including the risk of death to you and others, as well as damage to property, and that these types of risks can be unforeseeable and sometimes cannot be avoided.
3. CREATION OF ACCOUNTS; COMMUNICATIONS WITH YOU
3.2. Accuracy. You represent, warrant, and covenant to Spin that all information that you provide about yourself as requested by Spin (before, during, and after the account creation process), including, without limitation, your Number and your Card, is, and will remain during your use of the Services, true, accurate, current, and complete, and that you are authorized to provide all such information and use your Card. You are also solely responsible for all activity that occurs on your account, and you agree to notify Spin immediately of any suspected unauthorized use to your account. To the maximum extent allowed by law, Spin is not liable for any losses by any party caused by unauthorized use of your account.
3.3. Confidentiality. You are solely responsible for maintaining the confidentiality of your log-in credentials in order to use the Services and are fully responsible for all activities that occur through the use of your credentials. You agree to notify Spin immediately of any unauthorized use of your log-in credentials or any other breach of security with respect to your account. Spin will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying Spin of such unauthorized use or loss of your credentials. You understand that your user name and profile picture may be publicly visible and available on the Site and that search engines may index your name and profile photo.
3.4. Restrictions. You may not impersonate someone else to create an account, create or use an account for anyone other than yourself, permit anyone else to use your account, or provide personal information for purposes of account registration other than your own. You may not permit another person to use any Spin Scooter or other Services using your account credentials, regardless of whether that person is a user of the Services themselves, and to permit such use is a material breach of this Agreement. Without limiting the foregoing, you are responsible for all use of the Services in connection with your account, including, without limitation, death, personal injury, and injury to property, that results from a Spin Scooter that has been used with your account credentials.
3.5. Termination. We have the right to disable or close your account if your account is delinquent, if your Card is no longer valid, or at any other time, for any other reason or for no reason, in our sole discretion and without any liability to you. If we terminate your account, you must immediately return any Spin Scooter, or other property of Spin that you have in your possession. You will be charged for the value of any property of Spin that you fail to return as well as all costs (including attorneys’ fees and costs) that Spin incurs in attempting to recover its property from you.
4. FEES AND RESPONSIBILITY FOR COSTS
4.1. Fees. You must pay to Spin all charges and fees in connection with your use of the Services, which may vary based on the Service you have selected and may include, without limitation, rental charges, application fees, service fees and/or other charges set forth in these Terms ("Fees"). You must pay all Fees when due. If you dispute any Fees, you must submit any such disputes in writing to Spin within thirty (30) days of Spin charging the Fees. Failure to submit such dispute within the thirty (30) day deadline will mean that you waive the dispute and the charge for such Fees will be final, non-refundable, and non-challengeable.
4.2. Method of Payment. You hereby authorize Spin to charge your Card via the App or via another authorized third-party payment processor (e.g., PayPal, Stripe, Square, or others). We may seek pre-authorization of your Card prior to charging Fees in order to verify the Card's validity or the existence of sufficient funds in the account tied to such Card and/or credit on the Card. You must notify us if your Card expires or is no longer valid and must replace it with a valid Card.
4.3. Returns. Upon Returning the Spin Scooter within the permitted 24-hour timeframe, you will be charged the lesser of (a) the accumulated Fees in such 24-hour time period and (b) $200 per calendar day, which is the maximum daily Fee we will charge for a calendar day. If you fail to Return a Spin Scooter within 48 hours of the time at which you unlocked or otherwise began renting such Spin Scooter, we will consider that Spin Scooter lost or stolen and we may charge you a Fee of up to $1,300 for each Spin Scooter, and a police report may be filed. Spin may also charge a service Fee of $25 for rentals in excess of 24 hours where the Spin Scooter is not lost or stolen.
4.4. Fines. You are fully responsible and liable for any Fees that are charged to you by us or a third party in connection with your use of a Spin Scooter or use of a Spin Scooter under your account credentials, including, but not limited to, traffic violations, late payments, fines, penalties, impounding charges, court costs, and/or any other Fees based on improper parking or a result of your violation of any law, rule, regulation, and/or ordinance when using a Spin Scooter. You agree that Spin may, in its sole discretion, pay any ticket, citation, fine, and/or penalty on your behalf directly to the appropriate authority and bill such payment as a Fee to your account, and you will pay us for such Fees plus a reasonable administrative Fee. In the event we use a third party collection and/or administrative agent to resolve any such tickets, citations, fines and/or penalties, you must pay all costs and collection charges including, without limitation, administrative and legal costs to such agent upon demand without protest.
4.5. Damages. You are fully liable for all damages, losses, claims, consequences, demands, causes of action, injuries, costs, and liability in connection with your use of a Spin Scooter or use of a Spin Scooter under your account credentials, including, without limitation, (i) physical or mechanical damage, (ii) loss due to theft, (iii) physical damage resulting from vandalism, (iv) bodily injury to you or a third party, (v) third party claims, (vi) actual charges for towing, storage and/or impound fees paid by Spin, and (vii) administrative charges, including the cost of appraisal and other costs and expenses incident to the damage or loss.
5.1. Limitations on Services. Spin reserves the right to limit in its sole discretion the provision of the Services to any person, geographic region or jurisdiction. There may be times when we need to disable the Site and/or other Services either temporarily or permanently. The Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability to you. Also, from time to time, we may restrict access to some parts of the Site and/or Services, or the entire Site and/or Services, to users, including registered users. Without limiting the foregoing, you acknowledge and agree that Spin makes no representation, warranty, covenant, or guarantee that the Services (including, for clarity and without limitation, the Spin Scooters) will be available to you at all or any times, and you further acknowledge and agree that Spin may, in its sole discretion, without notice or liability to you, terminate your right to use the Services (including, for clarity and without limitation, the Spin Scooters).
5.2. Electric Vehicle. The Spin Scooter is an electric vehicle that requires periodic charging. You represent and warrant that you have read and understand that: (i) it is your responsibility to check the level of charge power in the Spin Scooter and to ensure it is adequate before initiating using the Spin Scooter; (ii) the level of charge power in the Spin Scooter at the time you initiate a rental or use of the Spin Scooter is not guaranteed and will vary with each use; (iii) the level of charge power in the Spin Scooter will decrease as you continue to use it, the rate at which it will decrease will vary, and as it decreases, the speed and/or other operational capabilities will decrease or cease in their entirety; (iv) the distance and/or time that you may use the Spin Scooter before it loses charge power is never guaranteed; and (v) the Spin Scooter may run out of charge power and cease to operate at any time during your use of the Spin Scooter, regardless of whether you have reached your desired destination.
5.3. Obtaining Equipment. In order to access the Services, you must have access to a compatible internet browser, computer and/or mobile device. Without limiting the foregoing, you are required to reserve Spin Scooters through the App and therefore must have a mobile device that is compatible with the App and the Spin Scooters. Spin may require obtaining updates or upgrades from time to time. You acknowledge and agree that Spin may change system requirements from time to time and that meeting those requirements is your responsibility. We cannot and do not make any representations or warranties with respect to the devices you use to access or use the Services, including with respect to device compatibility.
5.4. Feature Availability / Features Subject to Change. The availability of the Services and the features and services included in it is subject to change with or without notice to you. Not all features or services included in the Services are available in all markets and functionality of the Services may be limited, including, without limitation, due to vehicle capability or compatibility, mobile device or network coverage.
5.5. Usage and Data Fees. Your internet service provider or mobile carrier may charge you access, software or data fees for any network use or data transmission by the Services. Contact your internet service provider or mobile carrier for more information regarding usage rates and fees.
5.6. Third Party Sites. As is typical online, the Site and/or Services may contain hyperlinks to other sites. If there are other websites and resources linked to on this Site and/or Services, either by Spin or by you, these links are provided only for the convenience of Spin's users. We have no control over the contents of those websites or resources, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site and/or Services, you do so entirely at your own risk and subject to the user terms and conditions of use for such websites.
5.7. Common Carrier Limitation. You agree that Spin is not a common carrier. Alternative means of public and private transportation are available to the general public and to you individually. We provide Spin Scooters only as a convenience.
THE SERVICES ARE PROVIDED ON “AS-IS” AND “AS AVAILABLE” basis AND YOU USE THEM SOLELY AT YOUR OWN RISK. SPIN DOES NOT REPRESENT OR WARRANT THE FUNCTIONALITY OF ANY OF THE SERVICES OR THAT ANY SPIN SCOOTER OR ANYTHING RELATING TO YOUR USE OF A SPIN SCOOTER WILL BE IN GOOD REPAIR OR ERROR-FREE OR FREE FROM DELAYS, DEFECTS, OMISSIONS, INTERRUPTIONS OR INACCURACIES.
Therefore, WITHOUT LIMITING THE RELEASE OF LIABILITY:
to the fullest extent permissible by law, SPIN AND the Released Persons hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: (I) the Services (including THE USER CONTENT); (II) the functions, features, or any other elements on, or made accessible through, the Services; (III) any instructions offered or referenced at or linked through the Services; (IV) security associated with the transmission of Your User Submissions transmitted to SPIN via the Services; (V) whether the Services or the servers that make the Services available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact Your Device(s)); (VI) whether the information (including any instructions) on the Services is accurate, complete, correct, adequate, useful, timely, or reliable; (VII) whether any defects to or errors on the Services will be repaired or corrected; (VIII) whether Your access to the Services will be uninterrupted; (IX) whether the Services will be available at any particular time or location; and (X) whether Your use of the Services is lawful in any particular jurisdiction;
IN NO EVENT SHALL SPIN OR THE RELEASED PERSONS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES OF ANY KIND OR INJURIES ARISING FROM THE SERVICES AND/OR USE OF ANY SPIN SCOOTER ACCESSORIES SUPPLIED BY SPIN (E.G. HELMET, LOCK). THE USER IS RESPONSIBLE FOR THE SAFE USE OF SUCH ACCESSORIES AND MUST CHECK THEIR CONDITION BEFORE IEACH USE. IF ANY ACCESSORY IS FOUND NOT BE IN GOOD CONDITION OR WORKING ORDER, USER SHOULD NOT USE SUCH ACCESSORY AND SHOULD PROMPTLY NOTIFY SPIN AND REQUEST A REPLACEMENT; AND
YOU HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, NEITHER SPIN NOR ANY OTHER RELEASED PERSONS ARE RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, (C) YOUR BREACH OF THESE TERMS AND/OR YOUR VIOLATION OF ANY LAW, RULE, REGULATION, AND/OR ORDINANCE, INCLUDING RIDING ON SIDEWALKS AND/OR PARKING, (D) ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION AND/OR INACTION BY YOU, (E) YOUR FAILURE TO WEAR A SNELL-, CPSC-, ANSI- OR ASTM- APPROVED HELMET THAT HAS BEEN PROPERLY SIZED, FITTED AND FASTENED ACCORDING TO THE MANUFACTURER’S INSTRUCTIONS WHILE USING ANY PRODUCT, AND/OR (F) ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION OR INACTION OF ANY THIRD PARTY.
SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF VARIOUS WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER THOSE LAWS.
7. INTELLECTUAL PROPERTY
7.1. Ownership. We own proprietary rights of every kind and nature however denominated throughout the world, registered or unregistered, associated with the Services, such as (i) patents, (ii) patent applications, (iii) copyrights, (iv) copyrightable works of expression, (v) trademarks, service marks, slogans, trade names, and other identifiers (including, without limitation, the Spin name, Spin logo, the Services name, and the Services design (collectively, "Spin Marks"), (vi) text, images, photos, audio, video, data, and communication that we create and/or make available in connection with the Services (collectively, "Spin Content"); and (vii) rights of publicity and privacy, moral rights, know-how, trade secrets, software and database rights ((i) through (vii), collectively, "IP Rights"), any and all applications, registrations, renewals, or derivatives in connection with the foregoing IP rights, all rights to obtain, register, perfect and enforce these IP Rights throughout the world, and any and all actions and rights to sue at law or in equity for any past or future infringement or other impairment of the foregoing IP Rights.
7.2. Limited License. Except as expressly provided herein, we do not grant any express or implied proprietary rights to IP Rights. Subject to your compliance with these Terms and any other terms communicated in connection with specific Spin Content, we grant you a non-exclusive, non-transferable, limited right to access, view, use, display and listen to Spin Content for your personal, non-commercial use only. You agree not to dispute our claims of ownership or validity of our IP Rights. You may not, nor allow third parties to: (i) use the Services or Spin Content for any fraudulent, unlawful, or abusive purpose, or in any way that interferes with the proper functioning or others’ use of the Services or Spin Content, or violates any other person’s rights; (ii) use any data mining, robots, or similar automated tools for data gathering, extraction, or accessing the Services or Spin Content, create a database, download or store any Spin Content other than as licensed above, link or frame the Services or Spin Content, extract or derive any source code or structure of any part of the Services or Spin Content by reverse engineering, disassembly, decompilation or any other means; (iii) abuse or do anything to damage our or our service providers’ business operations, services, reputation, employees or facilities; (iv) use the Services or Spin Content except as expressly authorized by us; (v) resell, copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, or create derivative works of the Services or Spin Content or any software used on or for the Services or Spin Content; (vi) modify, disassemble or tamper with any hardware that interfaces with the Services or Spin Content; (vii) interfere with or disrupt the Services or the servers or networks connected to the Services, including the Site and the App; (viii) email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any Spin computer software or hardware or telecommunications equipment; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Services (either directly or indirectly through use of third party software); (x) “frame” or “mirror” any part of the Services or Spin Content; (xi) use meta tags or code or other devices containing any reference to Spin, the Services (or any Spin Marks) to direct any person to any other website for any purpose; (xii) post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any Spin Content other than solely in connection with your use of the Service in accordance with this Agreement; (xiii) undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services, or that is intended to promote or has the effect of engaging in illegal activities, fraud, or that is defamatory, libelous or otherwise objectionable; (xiv) directly or indirectly promote racism, bigotry, hatred or physical harm of any kind against any group or individual;(xv) directly or indirectly request money from, or otherwise defraud, other users; (xvi) engage in any conduct that involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities) to Spin or Spin users; (xvii) take video, audio, photographs, or images of another Spin user without his or her permission (or in the case of a minor, the minor’s legal guardian); (xviii) take any action that may undermine the efficacy or accuracy of reviews or ratings systems maintained by Spin; (xix) post instructional information about illegal activities including how to damage Spin property or Spin Scooters or the property of other Spin users; (xx) provide information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information); (xxi) solicit passwords or personal identifying information for commercial, fraudulent or unlawful purposes from other users or disseminate another person’s personal information without his or her permission; or (xxii) publicize or promote commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes, without our prior written consent.
7.3. User Content. You may submit text, images, photos, audio, video, data, and/or communication (collectively, "User Content") through the Services. Please do not submit new or confidential ideas through the Services. By providing User Content, you irrevocably: (i) grant to Spin a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, publicly display, distribute, translate and create compilations and derivative works from, or otherwise use, any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the Services; and (ii) waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the Services in favor of Spin and anyone authorized by Spin to reproduce or otherwise use such materials. For greater certainty and the avoidance of any doubt, this means that, among other things, Spin has the right to use any and all User Content and ideas you submit in any manner without any further notice or obligation to you whatsoever. None of the User Content you post on, upload or otherwise submit to or through, the Services will be deemed confidential. The Service may allow you to communicate with us through the App. Should you choose to communicate with us, you consent to being contacted in the manner requested.
7.4. Restrictions. We are not responsible or liable to you or any third-party for the content or accuracy of any User Content any other text, images, photos, audio, video, data, and/or communication ("Third-Party Content"). You understand that when using the Services, you will be exposed to Third-Party Content from a variety of sources, and that Spin is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third-Party Content, and that such Third-Party Content is not the responsibility of Spin. You understand and acknowledge that you alone are responsible for User Content, and you, not Spin, assume all risks associated with User Content, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure by you of information in User Content that makes you or anyone else personally identifiable. You represent and warrant that you own or have the necessary rights, consents, and permissions to use and authorize the use of User Content as described herein. You may not imply that User Content is in any way sponsored or endorsed by Spin. We cannot review everything that is posted to the Services in advance, any text, images, photos, audio, video, data, and/or communication and/or opinions uploaded, expressed, or submitted to the Services, and all such text, images, photos, audio, video, data, and/or communication other than the Spin Content officially provided by Spin, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of Spin. We do not endorse any such text, images, photos, audio, video, data, and/or other communication submitted to the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaims any and all liability in connection with such text, images, photos, audio, video, data, and/or other communication submitted to the Services.
7.5. Spin Marks. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Spin Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without Spin's prior written consent. You shall not use any Spin Mark or any language, pictures or symbols which could, in Spin's sole judgment, imply Spin's endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without Spin's prior written consent.
7.6. DMCA. We do not permit copyright infringing activities and infringement of intellectual property rights on Services, and we will remove any User Content if properly notified that such User Content infringes on another's intellectual property rights. We reserve the right to remove User Content without prior notice. We will terminate your access to the Services if, under appropriate circumstances, you are determined to be a repeat infringer. In accordance with the Digital Millennium Copyright Act ("DMCA"), if you believe your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to our Designated DMCA Agent identified below: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site and/or Services; (iv) your address, telephone number, and email address; (v) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and/or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Designated DMCA Agent is:
450 Mission Street, Ste 400
San Francisco, CA 94105
8.1. Termination by You. You may terminate your use of the Services at any time by closing your account and/or ceasing to use the Services; provided, however, that (i) termination will not entitle you to any refunds, (ii) these Terms will remain in effect indefinitely after your termination, and (iii) we reserve the right to charge any additional Fees that you owe as a result of your use of the Services or a third party's use of the Services under your account.
8.2. Termination by Us. We may, in our sole discretion and with or without cause, unilaterally terminate your right to use the Services at any time and without any notice to you.
Without limiting the Release of Liability, you agree to defend, indemnify, and hold harmless the Released Persons from and against any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits, settlements, and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Released Person, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your use of the Services and your activities in connection with the Services; (ii) your User Content; (iii) your breach or alleged breach of these Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services; (v) information or material transmitted through your mobile phone or other device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) the Released Persons’ use of the information that you submit to us (collectively, "Claims"). You will cooperate as fully required by the Released Persons in the defense of any of the foregoing. Notwithstanding the foregoing, the Released Persons retain the exclusive right to settle, compromise, and pay any and all such Claims. Released Persons reserve the right to assume the exclusive defense and control of any Claims. You will not settle any Claims without, in each instance, the prior written consent of an officer of a Released Person.
10. ARBITRATION AGREEMENT
THE TERMS OF THIS SECTION 10 (ARBITRATION AGREEMENT) (the “Arbitration Agreement”) PROVIDE THAT YOU, SPIN AND SPIN AGREE TO SUBMIT ANY AND ALL DISPUTES (EXCLUDING SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS, AS DESCRIBED BELOW) ARISING UNDER THESE TERMS, OR OTHERWISE IN CONNECTION WITH THE SERVICE, TO BINDING ARBITRATION RATHER THAN PROCEEDING IN COURT. THIS ARBITRATION AGREEMENT ALSO LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. IN PARTICULAR, YOU AND SPIN EACH 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 OR AS AN ASSOCIATION.
Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other Party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated.
PLEASE REVIEW THIS ARBITRATION AGREEMENT CAREFULLY. BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ALL OF THE TERMS SET FORTH HEREIN.
10.1. Definitions. For purposes of this Section 10 (Arbitration Agreement):
10.1.1. “Party” shall mean either Spin or You, as these terms are defined below.
10.1.2. “Us” “Our” “We” and/or “Spin” shall mean Skinny Labs Inc. dba Spin, its successors, assigns, parent, subsidiaries, affiliates, divisions, dealerships, service providers, and their affiliates, and the respective officers, directors, employees, contractors, agents, or shareholders of any of the foregoing.
10.1.3. “You” shall include yourself and any authorized or unauthorized users or occupants of the Spin Scooter, and/or your or their beneficiaries.
10.2. AGREEMENT TO ARBITRATE: Arbitration is a method of resolving any claim, dispute, or controversy (collectively, a “Claim”) in front of one or more neutral individuals instead of filing a lawsuit in court and having a trial in front of a judge or jury. Arbitration procedures are generally simpler than the rules that apply in court. The arbitrator’s decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator’s decision will be final and binding. By signing this contract, You and We agree that all Claims that in any way relate to, or arise out of, this contract or any related transaction or relationship (including with the dealer) or your purchase, lease, or use of your vehicle or any services offered, sold, or purchased in connection with your vehicle shall be resolved exclusively through final and binding arbitration. Claims arising out of or relating to the validity, application, scope, enforceability, or interpretation of the Arbitration Agreement shall also be decided by an arbitrator.
10.3. MUTUALITY: Having chosen to use a Spin Scooter or Service, You recognize that the price and availability of the Service are favorably affected by Your agreement to arbitrate. Further, arbitration is for the mutual benefit of all Parties.
10.4. CLASS OR COLLECTIVE ACTIONS: Each Party may bring Claims against the other only on an individual basis and not as a plaintiff or class member in a class, representative, or private attorney general action. The arbitrator may not preside over any consolidated, representative, class, or private attorney general action involving You and Us. The arbitrator may award relief only in favor of You or Us and only to the extent necessary to provide relief necessitated by the Claims brought by You or Us.
10.5. RIGHTS YOU AND WE AGREE TO GIVE UP: By agreeing to arbitrate, You and We agree to waive the following rights:
10.5.1. RIGHT TO A TRIAL, WHETHER BY A JUDGE OR JURY (EXCEPT TO THE EXTENT DESCRIBED IN THE PARAGRAPH ENTITLED “RIGHTS YOU AND WE DO NOT GIVE UP”)
10.5.2. RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION
10.5.3. RIGHT TO APPEAL THE DECISION OF AN ARBITRATOR (EXCEPT TO THE EXTENT DESCRIBED IN THE PARAGRAPH ENTITLED “RIGHTS YOU AND WE DO NOT GIVE UP”)
10.5.4. RIGHT TO PURSUE REMEDIES AND CLAIMS NOT PROVIDED FOR UNDER MICHIGAN LAW AND OTHER RIGHTS THAT ARE AVAILABLE IN A COURT
10.6. RIGHTS YOU AND WE DO NOT GIVE UP: Neither Party waives the right to: 1) file bankruptcy in court; 2) enforce a security interest in the vehicle by repossession or in court; 3) take legal action in court to enforce the arbitrator’s decision; 4) request that a court review whether the arbitrator exceeded the authority granted by this Agreement; 5) seek remedies in court to protect intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights); 6) seek remedies in small claims court for Claims within that court’s jurisdiction; sand 7) claims and remedies provided for under the Magnussen-Moss Act.
10.7. APPLICABLE LAW AND DAMAGES: Michigan law applies, including warranty law. You and We agree to waive any challenges to the application of Michigan law. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity so long as they are based on evidence of actual damages You have sustained. You and We agree that You are not entitled to relief for harm caused to others and are not entitled to punitive damages intended to punish and deter Us. You and We agree that you are not entitled to incidental, indirect or consequential damages, even if available outside this agreement under state warranty or lemon law.
10.8. DISCOVERY: You and We agree that discovery shall be adequate and shall not exceed the scope contemplated by the Federal Rules of Civil Procedure, with discovery to be cost effective and proportionate to the amount in dispute. Discovery that can be responded to within twenty hours of work shall be performed at the cost of the responding Party. Any further discovery will be at the expense of the requesting Party. In any arbitration in which You or We contend that recovery, if granted, would exceed $50,000, the arbitrator must apply the Federal Rules of Civil Procedure.
10.9. Federal Arbitration Act: You and We 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. The Parties intend for this agreement and the FAA shall preempt all conflicting state laws including California Song-Beverley and California Legal Remedies Act and California Unfair Business Practices Act. Any state laws that seek to prevent, through an anti-waiver clause or otherwise, the freedom of Parties to agree to arbitrate a Claim otherwise captured by this Agreement, including those not contemplated by the parties at the time of contract, and including the measure of damages and remedies available under state law, conflicts with this Agreement and is preempted by the FAA. If the FAA is found to not decide 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 Michigan.
10.10. WARRANTY: You and We agree that this Arbitration Agreement includes any claim arising out of accessing Spin Scooters or Services, including any Claims from a breach of an implied or express warranty, or any other claim regarding quality, service or repair, including California-specific warranty protections or so-called “lemon law” statutes including the Song-Beverly Act, California Unfair Competition Law, California Secret Warranty Law, California Consumer Legal Remedies Act and any claims involving pre- or post-sale fraud. The warranty period is not extended or triggered anew by Claims or complaints by You, or repair attempts by Us, or flaws or defects discovered at any point after the time of sale.
10.11. ADDITIONAL TERMS APPLICABLE TO THE ARBITRATION AGREEMENT: Unless otherwise agreed, the American Arbitration Association (“AAA”), 1-800-778-7879 (www.adr.org ) shall conduct the arbitration. The applicable AAA Rules are those in place at the time of the first retail sale of the vehicle. The process shall include the appointment of a neutral arbitrator. If there is a conflict between AAA’s Rules and this contract, this contract shall govern. The arbitration decision shall be in writing with a supporting opinion.
We will pay Your reasonable total arbitration filing, administration, service, case management, arbitrator, and hearing fees unless the arbitrator determines that your Claim is frivolous. Each Party shall be responsible for its own attorney, expert, and other fees.
For all claims of $50,000 or less, You can choose whether the arbitration occurs in person, by telephone, or based on written submissions. If you choose in-person, then the arbitration will occur in the county of your primary residence unless You and We agree differently.
For all claims of more than $50,000, the arbitration will occur in either the capital city or largest city of the state of your primary residence.
We forfeit any ability to seek reimbursement of our costs. Likewise, We will not seek attorneys’ fees from You. But if You receive an arbitration award that is more than 25% greater than the last settlement offer from Us, then We will pay You $5,000 in addition to the award.
Any portion of this Arbitration Agreement that is unenforceable shall be severed, and the remaining portions shall be enforced. But if the waiver of class action rights is deemed unenforceable in connection with a Claim involving class allegations, the entire Arbitration Agreement shall be unenforceable.
If multiple Claims are asserted in one action and one or more of those Claims would not be subject to arbitration, You and We agree that the Claims that would not be subject to arbitration must be stayed until all Claims that are subject to arbitration have been resolved. You and We also agree that if Claims are asserted against multiple parties, some of whom are not required to arbitrate, the Claims subject to arbitration must be severed. This Agreement is confidential, although the existence of the claims is not.
10.12. Notice of Arbitration. Our goal is to resolve claims fairly and expeditiously. Accordingly, for any Dispute that you have against Spin, you agree to first contact Spin and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Spin. The Notice to Spin must be sent by certified mail addressed to:
Skinny Labs Inc. dba Spin
450 Mission Street
San Francisco, CA 94105
The Notice must (i) include your name, residence address, and the email address and/or mobile telephone number associated with your account, (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. If you and Spin cannot reach an agreement to resolve the Dispute within 30 days after such Notice is received, then either Party may, as appropriate in accordance with this Section 10 (Arbitration Agreement), commence an arbitration proceeding or file a claim in court. You and Spin agree that any Dispute must be commenced or filed within one year after such claim arose; otherwise, the Dispute is permanently barred
10.13. Opting Out of the Arbitration Agreement. You may opt out within 30 days after signing this Arbitration Agreement stating your name and intent to opt out of the arbitration provision by sending a certified letter to:
Skinny Labs Inc. dba Spin
450 Mission Street
San Francisco, CA 94105
11.2. Export Control. Materials and information provided on or through the Service, including prices, features, products or services, may not be available outside the U.S. You agree to comply with all export and re-export control laws, restrictions and regulations or similar laws of your government in connection with your use of the Service, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. Further, you represent and warrant that: (i) you are not located in a country that is subject to a government embargo, or that has been designated by any country’s government as a “terrorist supporting” country, and (ii) that you are not listed on any government list of prohibited or restricted parties as specified in the laws and regulations listed above.
11.3. Promotional Offers. From time to time, Spin may offer promotional discounts or credits ("Promotional Credits") to users. Spin reserves the right to withhold or deduct Promotional Credits in the event that Spin determines or believes that the receipt of the Promotional Credit was in error, fraudulent, illegal, or in violation of our rules or any other applicable agreement between you and Spin, as determined in Spin's sole discretion. Each of these Promotions will have their own rules and terms that you should review. Those terms will apply in addition to these Terms. We are not required to give, and you are not required to accept, any offers we may promote through the Services. Offers are not transferable, redeemable or exchangeable for other things of value, except at our sole discretion. If you accept any offer, you may have to sign a declaration of eligibility and liability release, or sign other paperwork in order to receive the offer. Some offers may be subject to taxes and other charges or restrictions which will be disclosed before you accept the offer. If you accept an offer you also assume all liability associated with that offer.
11.4. Governing Law and Venue. These Terms will be governed by the internal laws of the State of Michigan, without regard to its choice or conflicts of laws provisions. Any dispute that arises out of or relates to these Terms or the breach thereof that is not governed by the mandatory arbitration agreement set forth in Section 10, above, shall be governed by the law of the State of Michigan without regard to or application of choice of law principles. The parties hereby consent to the exclusive jurisdiction of the state and federal courts in Michigan for all claims and both parties expressly waive any objections or defense based upon lack of personal jurisdiction or venue. For any action not subject to mandatory arbitration pursuant to Section 10 above, the prevailing party to such dispute shall be entitled to recover its reasonable costs incurred in prosecuting or defending against such dispute, including its reasonable attorneys’ fees and experts’ fees.
11.5. Severability; Waiver. If a court determines that any term or condition in these Terms is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
11.6. Assignment. We can assign these Terms in whole or in part to anyone we choose. You can't assign your rights or obligations under these Terms to anyone else without our prior consent.
11.7. Force Majeure. Neither party will be liable for any delay or failure in performance to the extent the delay or failure is caused by events beyond the party’s reasonable control, including, a significant failure of the Internet, fire, flood, acts of God, explosion, war or the engagement of hostilities, strike, embargo, labor dispute, government requirement, civil disturbances, or civil or military authority.
11.8. Independent Contractors. Spin is an independent contractor and neither party is an agent of the other and neither party has the right to bind the other on any agreement with a third party.
11.9. Headings and Sections. The headings and section titles in the Terms are for convenience only and have no legal or contractual effect.
11.10. No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
11.11. Interference. ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE THE SERVICES OR OTHERWISE UNDERMINE OUR LEGITIMATE BUSINESS OPERATIONS MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO COUSE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
RELEASE OF LIABILITY
You acknowledge that use of Spin’s vehicle or other transportation device, including but not limited to, bicycles, electric bicycles, electric kick scooters (collectively “Spin Scooter), as well as any other equipment, product or services that relate to or concern the rental or use of a Spin Bike is an inherently dangerous recreational activity. You, on behalf of yourself, your family, your heirs, your agents, your aﬃliates, your representatives, your successors, your guardians and your assigns (collectively the “Releasing Parties”), agree to indemnify, hold harmless, and forever release and discharge the Released Persons (as deﬁned below) from any and all injuries, demands, losses, damages, costs, loss of service, expenses, compensation, claims, suits, causes of action, obligations, rights, and liabilities of any nature, type, or description, whether known or unknown, contingent or vested, in law or in equity, including but not limited to, property loss or damage, personal injury or loss of life, regardless of legal theory, that: (a) relate to, are based on, concern, or arise out of your use of a Spin Scooter, any Spin Service, the Spin website, and/or any of the equipment that Spin provides to You (collectively the “Released Claims”). “Released Persons” as used herein means (i) Ford Motor Company ("Ford"), (ii) Skinny Labs Inc., d/b/a Spin ("Spin"), and (iii) to the fullest extent permitted by law, any (x) governmental entity (including, without limitation, any state, commonwealth, city, town, township, charter township, special district, village, borough, other municipal corporations, and unincorporated communities or jurisdictions) and (y) educational institution (including, without limitation, public and private universities and colleges, high schools, secondary schools, and primary schools) (each of (x) and (y), a "Municipality") with which Spin has contracted or at which Spin is providing Services, and each of Ford's, Spin's, and Municipality's respective current and former parents, subsidiaries, divisions, and current and former aﬃliated individuals and entities, legal successors, predecessors (including companies they have acquired, purchased, or absorbed), assigns, joint venturers, and each and all of their respective oﬃcers, investors, partners, directors, elected officials, servants, agents, shareholders, members, managers, principals, investment advisors, consultants, employees, representatives, attorneys, accountants, lenders, underwriters, and insurers. This Release is intended to be a general and complete release of all Claims and all Released Persons may plead the existence of this Release as a full and complete defense to any Claim.
You hereby acknowledge that you have been advised of and fully understand the provisions of California Civil Code Section 1542 which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Having been so advised, Releasing Party nevertheless elects to and does assume all risks for Claims known or unknown, suspected or unsuspected, heretofore arising from the use of Spin Scooters, equipment and anything relating to such use, and speciﬁcally waives any rights it may have under Section 1542, as well as under any other statute or common‑law principle in any jurisdiction with a similar eﬀect.
YOU ACKNOWLEDGE THAT YOU ENTER INTO THIS RELEASE FREELY, KNOWINGLY, AND VOLUNTARILY, AND THAT YOU INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE AND WAIVER OF ALL CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES.