Zebra Terms of Service
Last Updated: 7/22/2019
Welcome and thank you for your interest in Zebra, Inc. The following Terms of Service, and any additional terms incorporated by reference herein (collectively, the “Terms“), govern your access and use of the services available through our website located at zebranow.com (the “Site“), any third party platforms and services approved by Zebra (e.g., Facebook, Google) (“Third Party Sites“), our proprietary software application accessible via a mobile device (the “App“ or “web-app”), and the rental and usage of shared transportation vehicles, including electric motor-Zebra (each a “MOPED” or “Vehicle“). The Site, the App, any access through Third Party Sites, and the rental and usage of MOPEDs are, collectively, the “Services.” The terms “we“, “our“, “Zebra“, and “Zebra Now” refer to Zebra, Inc. The terms “you” and “your” refer to individuals visiting the Site, the App, and/or using the Services (including individuals who have registered for an account on the App to rent MOPEDs, who are referred to as “Users“).
PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND ZEBRA CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 14). PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.
IN ADDITION, BY REGISTERING FOR, ACCESSING, AND/OR OTHERWISE USING THE SITE OR SERVICES IN ANY MANNER, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS IN SECTION 14) AND YOU ACCEPT ALL OF FOLLOWING TERMS, INCLUDING ANY FUTURE MODIFICATIONS, AND ALL POLICIES OF THE SITE AND APP ARE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE – AND ARE NOT AUTHORIZED TO USE – THE SERVICES. IF THE INDIVIDUAL WHO SUBMITS AN APPLICATION DOES SO ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, THE INDIVIDUAL REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO BIND THAT ENTITY TO THE AGREEMENT. The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not intended for individuals under the age of 18. If you do not qualify for the Services, please do not attempt to register for or use the Services.
1.1. Consideration. You understand and agree that these Terms are entered into in consideration of your use of the Services and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
1.2. Changes to these Terms. The Site, App, and other portions of the Services are owned and operated by Zebra. Zebra reserves the right to revise these Terms, including changes to the Rates, the Rules, and the Collision damage waiver, in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on the Site, App, or on or within the Service. Any revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. You should visit this page regularly to ensure your continued acceptance of these Terms. Your continued use of the Services after any revision to these Terms constitutes your binding acceptance of the revised Terms. Notwithstanding the preceding sentences of this Section 1.2, no revisions to these Terms will apply to any dispute between you and Zebra that arose prior to the date of such revision.
1.3. MOPED Use. The Services include the rental and use of MOPEDs through the App subject to these Terms. You may use MOPEDs belonging to Zebra after registering and being approved for a User Account and paying any corresponding User Fees, if applicable. The User does not, by these Terms or otherwise, acquire any rights of ownership or control over Zebra, its operations or finances, or any MOPEDs or other transportation device made available for use by Users. Zebra is the owner of the MOPEDs and any item it makes available to User during the term of these Terms.
1.4. Corporate User Agreement. Zebra may enter into agreements (each a “Corporate User Agreement“) with businesses and other legal entities to provide the Services (each an “Entity“) to the employees or members of such businesses or other legal entities (each a “Corporate User“). A Corporate User shall be treated as a User for purposes of these Terms, provided however, if the Corporate User Agreement specifies usage for specific purposes, the Entities, not Zebra, shall be responsible for communicating such allowable usage to such Corporate Users. Each Entity and their respective Corporate Users are jointly and severally responsible for their commitments to Zebra and for any claim or other action Zebra might take against them.
1.5. Evolving Nature of Services. The Services are new and subject to change at any time. We are continually looking to improve the Services but if you are at any time dissatisfied with the Services, then your sole remedy is to discontinue use of the Services. However, we do want to hear from our users so do not hesitate to send us an email at email@example.com to let us know what you think.
“Collision damage waiver” means the Collision damage waiver available below and found on the App for your geographic location, as it may be updated by Zebra from time to time, which policy is incorporated here by reference.
“Application” or means the application process which must be completed on the App in order to become a User of MOPEDs provided by Zebra.
“Orientation” means training provided by Zebra, for no additional charge, to Users to orient Users with Zebra MOPEDs and their appropriate use. Such training may include, but not limited to, video, animations, and other visuals with text and verbal instructions on our Site or App.
“Rules” means the rules available at below and found on the App for your geographic location, as it may be updated by Zebra from time to time, and which is expressly incorporated herein by reference.
“User” means an individual that has submitted an Application, registered for a User Account and been approved for use of the MOPEDs.
“User Account” means an application-based portal provided on the App by Zebra that is used by a User to manage its account, billing information and other User information (e.g., name, address, email address, use privileges).
“User Fees” means the agreed upon fees set forth in the Rates in the App for your geographic location, and as adjusted from time to time. User Fees may be reduced or waived, depending on promotional offers.
“User Term” means the agreed upon time period set forth in an Application, and all subsequent renewal periods.
3. USE OF THE SERVICES
You are responsible for obtaining at your own expense all equipment and services needed to access the Services, including but not limited to a mobile device that is compatible with the App. If you are accessing the Services by a mobile device, your wireless carrier may charge you fees for data, text messaging, and other wireless access or communications services. We do not guarantee that our mobile Services can be accessed through all wireless devices or service plans or are available in all geographical locations.
4.1. Children. The Services are not intended for persons under 18, including children under the age of 13. By using the Services, you affirm that you are at least 18 years of age. If you are under the age of 18, you must not use, access, or register for the Services.
4.3. Accuracy of Information. You agree to provide true, accurate, current, and complete information about yourself as requested in any registration forms required by Zebra. You also agree to update the information about yourself promptly, and as necessary, to keep it current and accurate. If messages sent to an email address provided by you are returned as undeliverable or if payment information provided is incorrect, Zebra reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party.
4.4. Invitation Service. Zebra may offer an invitation service to tell a friend about the Services. If you choose to use our invitation service, we may ask you for information needed to send the invitation, such as your friend’s email address. We may also offer you the opportunity to invite your friend via Third Party Sites. We will automatically send your friend an email inviting him or her to try the Service. By providing email addresses of non-users, you represent that you have the right to do so and that such information may also be provided to the Third Party Sites that you have designated to contact the non-user. We store and use this information to send this invitation, to register a friend if your invitation is accepted, and to track the success of our invitation service. Your friend may contact us at firstname.lastname@example.org to request that we remove this information from our database.
5. RATES; SECURITY DEPOSIT; PAYMENT OPTIONS
5.1. Fees. The User agrees to pay to Zebra the User Fees (when applicable) and other charges and fees, in accordance with the type of Service User has selected and as set forth in the Rates.
5.2. No Refunds. All fees relating to the Services, including any User Fees, if charged, and other costs and fees as provided in these Terms and the Rates are final and nonrefundable. If an application fee is required in connection with submitting an Application, such application fee is nonrefundable once Zebra has paid to check the applicant’s motor vehicle record.
5.3. RENEWAL: IF YOU SELECT A USER PLAN THAT INCLUDES A MONTHLY USER FEE, ZEBRA WILL IMMEDIATELY CHARGE THE MONTHLY PAYMENT TO YOUR SELECTED PAYMENT METHOD FOR THE FIRST MONTH, AND WILL RENEW SUCH USER PLAN AUTOMATICALLY AT THE END OF THE MONTHLY PERIOD, AND CHARGE THE MONTHLY USER FEE FOR SUCCESSIVE MONTHS, UNLESS YOU CANCEL YOUR USER PLAN, OR SELECT A DIFFERENT PLAN, WITHIN 30 DAYS OF SELECTING YOUR USER PLAN.
5.4. Security Deposit. Users may be required to pay Zebra a refundable security deposit, depending on their User Account, geographic location, type of MOPEDs being rented, or because Zebra determines (at its sole discretion) that the User, or potential User, may present a higher risk than other potential Users. No interest will be calculated or paid on any security deposit. Within 60 days following the termination of a User Account, any security deposit shall be reimbursed to the User, less any amounts owed to Zebra by the User under the Terms. Should the security deposit be insufficient to cover the amounts owed, Zebra reserves the right to take any actions necessary to recover the full amount and charge User any and all reasonable fees associated with its collection efforts.
5.5. Method of Payment. User shall pay all fees and costs incurred when due, including application fees (if applicable), User Fees (if applicable), and other costs and fees as provided in these Terms and the Rates. User agrees that Zebra may charge User’s selected payment method for any such payments. Zebra accepts payments through payment methods detailed on the applicable payment screen, which may include various credit and debit cards, Stripe, Square, Venmo, and PayPal. User may be asked to provide Zebra with a debit or credit card number from a card issuer that Zebra accepts in order to activate and/or pay for any fees related to the Services.
5.6. Pre-Authorization. Zebra may seek pre-authorization of User’s credit card account prior to a fee or cost becoming due to verify the credit card is valid and/or has the necessary funds or credit available to cover such fees or costs. Such pre-authorization may be in an amount up to the full replacement cost of the Zebra MOPED. These pre-authorizations will reduce User’s available balance by the authorization amount until it is released or reconciled with the actual charge. User should contact its card issuer if it has additional questions regarding when an authorization amount will be removed from a statement. Charges occur within a reasonable time of the transaction or shortly thereafter, and multiple charges during the same period may be aggregated together. Zebra does not accept payment forms other than those specified on the applicable payment screen.
5.7. Taxes. User is responsible for paying any governmental taxes imposed on User’s use of the Services, including, but not limited to, sales, use or value-added taxes. To the extent Zebra is obligated to collect such taxes, the applicable tax will be added to User’s invoice.
5.8. DISPUTED CHARGES. USER AGREES TO SUBMIT ANY DISPUTES REGARDING ANY CHARGE TO USER IN WRITING TO ZEBRA WITHIN 30 DAYS OF SUCH CHARGE, OTHERWISE SUCH DISPUTE WILL BE WAIVED AND SUCH CHARGE WILL BE FINAL AND NOT SUBJECT TO CHALLENGE. DURING SUCH TIME AS THE DISPUTED CHARGES ARE OUTSTANDING, ZEBRA RESERVES THE RIGHT TO SUSPEND A USER ACCOUNT.
5.9. Delinquent Accounts. Any User Account which is delinquent will be suspended or terminated solely at Zebra’ discretion. Any payment option which is rejected may result in suspension or termination of a User Account solely at Zebra’ discretion. The User must notify Zebra in the event of a payment option on record being changed, expiring, or being no longer valid and replace it with a valid payment option. Zebra may seek third party assistance with unpaid or delinquent accounts if the User does not pay outstanding charges.
6. GUIDELINES FOR USE; PROHIBITED ACTIVITIES
6.1. Rules. Users agree to abide by the Rules.
6.2. Operating a Zebra MOPED under this Agreement requires maintaining a good driving record, and therefore, Zebra may, from time to time, check User’s driving records and reserves the right to terminate a User Account at any time, without notice, if User’s driver’s license is suspended, revoked, invalid or if the User is convicted of driving under the influence of drugs or alcohol or while intoxicated, of reckless driving, or driving more than 20 miles per hour over the legal speed limit.
6.3. Duties and Responsibilities of Users. In addition to the rules set forth in the Rules, Users agree to the following duties and responsibilities:
6.3.1. Orientation. User agrees to complete an Orientation, which may vary depending on the MOPED User wants to rent and use. A User Account will not be activated until a User successfully completes an Orientation for the specific MOPED. Successful completion is determined solely in Zebra’ discretion.
6.3.2. Driving Record. User shall promptly notify Zebra in the event that User’s driver’s license is suspended, revoked or invalid or if convicted of driving under the influence of drugs or alcohol or while intoxicated, of reckless driving, or driving more than 20 miles per hour over the legal speed limit.
6.3.3. Promotional Code Abuse. Zebra 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 Zebra establishes. You agree that Promo Codes: (i) must be used for the intended audience and 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 forum or otherwise), unless expressly permitted by Zebra; (iii) may be disabled by Zebra at any time for any reason without liability to Zebra; (iv) may only be used pursuant to the specific terms that Zebra establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Zebra 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 Zebra 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 these Terms.
6.4. Other Prohibited Activities. In using the Services, you agree not to:
Upload or otherwise transmit to or through the Services any information that is unlawful, harmful, harassing, defamatory, libelous, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind or information that contains a link to such objectionable material;
Attempt to, or harass, abuse, or harm or advocate or incite harassment, abuse or harm of another person or group, including Zebra employees;
Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise);
Create a false identify or impersonate another person or entity in any way;
Solicit or attempt to solicit personal information from other users of the Services;
Restrict, discourage or inhibit any person from using the Services, disclose personal information about a third person on the Services or obtained from the Services without the consent of such person or collect information about users of the Services;
Use the Service, without Zebra’ express written consent, for any commercial purpose, including, communicating or facilitating any commercial advertisement or solicitation;
Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Services or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the authorized features of the Services, or by law, or otherwise attempt to use or access any portion of the Services other than as intended by Zebra;
Gain unauthorized access to the Services, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services;
Reproduce, distribute, publicly display, publicly perform, sell, trade, resell or exploit any portion of the Services, use of the Services, access to the Services or content obtained through the Services, for any purpose other than expressly permitted by these Terms, including, by way of example and not limitation, by doing or engaging in any of the following without Zebra’ express written consent:
framing, embedding and/or passing off User Content obtained from the Services in such a manner as to present them as originating from a source other than the Services;
copying, caching or reformatting any User Content for commercial purposes in any manner whatsoever, whether by copying to physical or electronic media for purposes of buffering delivery or converting transmissions from the Service to alternative delivery formats;
altering, defacing, mutilating or otherwise bypassing any approved software through which the Services are made available; and
using any trademarks, service marks, design marks, logos, photographs or other content belonging to Zebra or obtained from the Services.
Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or communications equipment and computers connected to the Services;
Remove, disable, damage, circumvent or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any part of the Services or any content on the Services, or features that enforce limitations on the use of the Services or any content on the Services;
Use any scraper, spider, cheats, exploits, robots or other automated means of any kind to access, modify or interfere with the Services, or harvest or manipulate data, except and solely to the extent permitted by these Terms and the features of the Services, deep-link to any feature or content on the Services, bypass any robot exclusion headers or other measures we may use to prevent or restrict access to the Services;
Interfere with or disrupt the Services, networks or servers connected to the Services or violate the regulations, policies or procedures of such networks or servers;
Violate any applicable federal, state or local laws or regulations or these Terms; or
Assist or permit any persons in engaging in any of the activities described above.
6.5. Suspension of Account. Any User Account which is found to be created with fraudulent information will be suspended or terminated solely at Zebra’ discretion. Further, Zebra reserves the right to suspend or terminate any account solely at Zebra’ discretion.
7. PRIVACY; SERVICE SECURITY
7.2. Personal Security. Be smart when using the Services or any Third Party Sites. You should not disclose personal information to strangers that would enable them to locate you offline. This means you should not give out your name, address, place of employment, school, etc., while communicating with other users of the Services.
7.3. Service Security. You are prohibited from violating, or attempting to violate, the security of the Services. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Services, at Zebra’ sole discretion. Zebra reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Services.
8. INTELLECTUAL PROPERTY
8.1. Materials submitted to the Services; License Grant from you to Zebra
8.1.1. User Content. This section governs any material that you upload or transmit to or through the Services including, without limitation, comments, messages, photographs, or any other form of copyrighted material (collectively, “User Content“). You are solely responsible for all User Content you submit to or through the Services. You agree, represent, and warrant that (i) any User Content you upload or transmit to or through the Services is truthful, accurate, not misleading, and offered in good faith, (ii) you have all rights, licenses, permissions, and authorizations necessary to upload or transmit the User Content to the Services and grant the rights to the User Content as set forth in these Terms, and (iii) the Use (as defined below) of such User Content in a manner consistent with these Terms will not (a) infringe the rights of any third party, including copyright, trademark, patent and other intellectual property rights or other protected rights, such as the rights of privacy or publicity, or (b) require Zebra or any Third Party Site on or through which the Services are made available to pay any fees of any kind to any third party. We have the right, but not the obligation, to monitor, review, access, and remove any or all of your User Content from the Services at our sole discretion.
8.1.3. Reporting of User Content. If you locate any User Content on or through the Services that you find offensive or objectionable, or if you believe any User Content is infringing your intellectual property rights, please report such User Content to Zebra by sending an email to email@example.com. Zebra reserves the sole right, but not obligation, to remove any message that it deems inappropriate in its sole discretion and without any liability to you.
8.2. Intellectual Property Rights
8.2.1. Generally. The content made available on or through the Services, including without limitation, any text, software, graphics, photos, sounds, music, videos and interactive features, but excluding User Content, may be protected by copyright or other intellectual property rights and owned by Zebra or third party licensors of Zebra. No material made available on or through the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner. Modification of materials obtained from the Services, including, but not limited to, User Content, for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of Zebra or its licensors, unless you have obtained express written authorization to the contrary. All design rights, databases and compilations and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to Zebra.
8.2.2. Trademarks. All trademarks, service marks, logos and trade names on the Services, whether registered or unregistered, are proprietary to Zebra or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
8.2.3. No Implied Rights. There are no implied licenses granted in these Terms.
8.2.4. Feedback. You agree that Zebra shall acquire, and you hereby grant and otherwise transfer to Zebra, any and all right, title, and interest in and to any actual or suggested modifications, design changes, improvements, and other information regarding the features and performance of the Services you offer (“Feedback“) to Zebra, without the payment of additional consideration.
8.3. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
8.3.1. If you are a copyright owner or an agent thereof, and you believe that any content posted on the Site or App infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA“) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site or App are covered by a single notification, a representative list of such works at the Site or App;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
Information reasonably sufficient to permit Zebra to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8.3.2. The Zebra Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent at Zebra, Inc., 1255 Howard St., San Francisco, CA 94103, or by email at: firstname.lastname@example.org. For clarity, only DMCA notices should go to the Zebra Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Zebra customer service. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
9. LINKS TO THIRD PARTY SITES
As you use the Services you may notice links to Third Party Sites. These links are for convenience only. If you use these links, you will leave the Services. Certain of these Third Party Sites may make use of Zebra’ proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Zebra. Zebra is not responsible for the availability or content of these Third Party Sites or for any viruses or other damaging elements encountered in linking to a Third Party Site, whether or not Zebra is affiliated with the owners of such Third Party Sites. In addition, the provisioning of these links to Third Party Sites is not an endorsement or approval by Zebra of the organizations sponsoring such Third Party Sites or their products or services. These Terms do not apply to Third Party Sites, and you should review applicable terms and policies, including any reMopedant privacy policies, associated with any Third Party Sites, applications, software or services.
YOU AGREE THAT ZEBRA WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS YOU MAY HAVE ON OR THROUGH A THIRD PARTY SITE OR AS THE RESULT OF THE PRESENCE OF ANY THIRD PARTY ADVERTISING ON THE SERVICES.
10.1. General Indemnification. You agree to indemnify, defend, and hold harmless Zebra and its parent, subsidiaries, affiliates, investors, sublicensees or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, contractors, and assigns, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, attorneys’ fees and court costs) arising from or in any way related to: (1) your use or misuse of the Services; (2) your User Content, including Zebra’ or any user’s Use of your User Content consistent with these Terms; (3) your breach or other violation of these Terms, including any representations, warranties and covenants herein; or (4) your violation of the rights of any other person or entity, including, but not limited to, claims that any User Content infringes or violates any third-party intellectual property rights or other proprietary rights.
10.2. Indemnification for Use of MOPEDs by Users. User agrees to indemnify, defend, and hold Zebra harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorneys’ fees, and other expenses incurred by Zebra arising from or related to User’s use of a Zebra MOPED or any person permitted by User to use a Zebra MOPED.
10.3. Indemnification of MOPED Rental Locations. User agrees to indemnify and hold harmless third party garages or locations where Zebra parks its MOPEDs for Users to pick up, drop off, or otherwise operate during the course of their reservation or while present at said locations using the App and/or with any purpose associated with their Zebra User Accounts.
Notwithstanding the foregoing, Zebra reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Zebra if Zebra, in its reasonable discretion, concludes that you are not adequately protecting Zebra’ interests or are incapable of protecting Zebra’ interests, and you agree to cooperate with Zebra’ defense of these claims. You agree not to settle any matter without the prior written consent from Zebra. Zebra will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THE SERVICES, USER CONTENT, AND ANY THIRD PARTY CONTENT, SOFTWARE OR APPS MADE AVAILABLE ON OR THROUGH OR IN RELATION TO THE SERVICES, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ZEBRA AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZEBRA, AN EMPLOYEE OR REPRESENTATIVE OF ZEBRA OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. ZEBRA AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY PRODUCTS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICES OR ANY ASSOCIATED SITES OR APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICES) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
FOR USERS OF MOPEDS: ZEBRA SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF, OR DAMAGE TO, ANY GOODS IN OR ON THE ZEBRA MOPED, INCLUDING USER’S MOBILE DEVICE THAT IS RUNNING THE APP, NOR SHALL IT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO THIRD PARTIES FOR THE ACTIONS TAKEN BY ANY USER DURING THE PERIOD USER IS RESPONSIBLE FOR A ZEBRA MOPED.
Approval of a User Account does not guarantee the availability of a Zebra MOPED for use by User. The use of Zebra’ MOPEDs by Users is subject to availability, on a first-come, first-served basis, and although Zebra makes an effort to meet the demand for MOPEDs by Users, Zebra cannot guarantee that supply will be adequate to provide an MOPED to a User at any given time. Zebra cannot and does not guarantee the availability or functionality of a Zebra MOPED, whether or not reserved, and shall not be responsible for any direct, indirect, incidental or consequential damages or injuries arising from the reservation, non-availability, supply, operation or use of a Zebra MOPED, even if it has been advised of the possibility of such damages.
12. LIMITATION OF LIABILITY
IN NO EVENT WILL ZEBRA OR ITS OFFICERS, DIRECTORS, LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (1) THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SITE, APP, OR THIRD PARTY SITES; (2) ANY PRODUCTS ADVERTISED, PROMOTED OR DISPLAYED ON THE SERVICES; (3) CONTENT MADE AVAILABLE THROUGH THE SERVICES; AND (4) EXCEPT WHERE SUCH LOSS OR DAMAGE IS DUE SOLELY TO ZEBRA’S NEGLIGENCE, A USER’S USE OF A ZEBRA MOPED OR MOPED ACCESSORIES SUPPLIED BY ZEBRA (E.G., HELMET, LOCK), IN EACH INSTANCE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF ZEBRA OR ITS LICENSORS OR SUPPLIERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ZEBRA OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID ZEBRA IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
ANY USE OF A ZEBRA MOPED THAT IS PROHIBITED BY THESE TERMS VOIDS ALL INSURANCE, ACCIDENT, OR LIABILITY COVERAGES PROVIDED IN THE Collision damage waiver, INCLUDING ANY COLLISION DAMAGE WAIVER (WHERE PERMITTED BY LAW); MAKES THE MOPED SUBJECT TO IMMEDIATE RECOVERY BY ZEBRA WITHOUT NOTICE TO USER; AND MAKES USER RESPONSIBLE FOR ALL LOSS OR DAMAGE TO, OR CONNECTED WITH THE MOPED, INCLUDING ZEBRA’ EXPENSES, TO THE EXTENT THAT SUCH LOSS OR DAMAGE IS DUE TO SUCH PROHIBITED USE.
A User is responsible for the safe use of any MOPED accessories and must check their condition before each use. If any accessory is found not to be in good condition or working order, User should not use such accessory and should promptly notify Zebra and request a replacement.
13. LIMITATIONS; BASIS OF THE BARGAIN
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ZEBRA, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ZEBRA, ZEBRA’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT ZEBRA WOULD NOT BE ABLE TO OFFER THE SERVICES TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
14. DISPUTE RESOLUTION – ARBITRATION & CLASS ACTION WAIVER (U.S. USERS)
USERS RESIDING IN THE UNITED STATES: PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND ZEBRA CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND ZEBRA TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
14.1. Informal Negotiations
To expedite resolution and reduce the cost of any dispute, controversy or claim between you and Zebra (each a “Claim” and collectively “Claims“), you and Zebra agree to first attempt to negotiate any Claim (except those Claims expressly excluded below) informally for at least thirty (30) days before initiating any arbitration. This pre-arbitration negotiation shall be initiated by providing written notice to the other party—including a brief written statement describing the name, address, and contact information of the notifying party, the facts giving rise to the Claim, and the relief requested. You must send such written notice to Zebra, Inc. located at 1255 Howard Street, San Francisco, California, 94103 Attention: Legal. If necessary to preserve a Claim under any applicable statute of limitations, you or Zebra may initiate arbitration while engaging in the informal negotiations.
During this pre-arbitration negotiation, all offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability, in arbitration or other proceeding involving the parties.
After a good faith effort to negotiate, if you or Zebra believe a Claim cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the American Arbitration Association (“AAA“) and the written Demand for Arbitration (available at adr.org) must be provided to the other party, as specified in the Commercial Arbitration Rules (the “AAA Rules“).
14.2. Agreement to Binding Arbitration
IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND ZEBRA MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL CLAIMS BETWEEN YOU (EXCEPT THOSE EXPRESSLY EXCLUDED BELOW) IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.
This agreement to arbitrate contained in this Section 14 (“Arbitration Agreement“) is governed by the Federal Arbitration Act and survives the termination of this Agreement and your relationship with Company.
Claims covered by this Arbitration Agreement include, but are not limited to, any dispute, claim or controversy whether based on past, present or future events arising out of or relating to: this Agreement and prior versions (including the breach, termination, enforcement, interpretation or validity thereof); the Zebra Site, App, Services, or MOPEDs; your relationship with Zebra; the threatened or actual suspension, deactivation or termination of your Account or this Agreement; breach of any express or implied contract or breach of any express or implied covenant; claims arising under federal or state consumer protection laws; claims arising under antitrust laws; claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Civil Rights Act of 1964, Uniform Trade Secrets Act, Americans With Disabilities Act, and state statutes, if any, addressing the same or similar subject matters; and all other federal and state statutory and common law claims.
If there is a dispute about the arbitrability of any Claim (including questions about the scope, applicability, interpretation, validity, and enforceability of this arbitration agreement), you and Zebra agree that this threshold dispute shall be delegated to the arbitrator (not a court) and that the arbitrator shall have initial authority to resolve such threshold disputes, except as expressly provided below.
YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND ZEBRA ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES WHICH BY THE TERMS OF THIS ARBITRATION AGREEMENT ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.
14.3. Agreement Prohibiting Class Actions and Non-Individualized Relief
Except as otherwise required under applicable law, you and Zebra agree that any arbitration will be limited to the Claim between Zebra and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND ZEBRA ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING (“Class Action Waiver“). Further, unless both you and Zebra otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules (as defined below), disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (i) the Claim is filed as a class, collective, or representative action and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining Claims and may remain in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
14.4. Rules and Logistics Governing Arbitration
The arbitration will be commenced and conducted under the AAA Rules in effect at the time the arbitration is initiated and modified by the terms set forth in this Agreement, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules“), both of which are available at the AAA website adr.org or by calling the AAA at +1 (800) 778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. You and Zebra agree that the arbitration shall be administered before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA.
As part of the arbitration, both you and Zebra will have the opportunity for reasonable discovery of non-privileged information that is reMopedant to the Claim(s). The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision, which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all Claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
If Zebra initiates arbitration under this Arbitration Agreement, Zebra will pay all AAA filing and arbitration fees.
If you file a Claim in accordance with this Arbitration Agreement and the associated claim for damages does not exceed USD $10,000, Zebra will pay all AAA filing and arbitration fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
If you file a Claim in accordance with this Arbitration Agreement and the associated claim for damages exceeds USD $10,000, Zebra shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses, and you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which they perform Tasks, unless a lower fee amount would be owed by you as required by law or the applicable AAA Rules. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose, however, then the allocation of fees will be governed by the applicable AAA Rules.
Except as required by law or the applicable AAA Rules, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the Claim(s) were litigated in a court, such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
At the conclusion of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to the prevailing party, to the extent authorized by applicable law or the applicable AAA Rules.
Unless you and Zebra agree otherwise, any arbitration hearings between you and Zebra will take place in the county in which you received the Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration.
Small claims actions that are within the scope of small claims court jurisdiction and brought on an individual basis;
Applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and
Claims that may not be subject to arbitration as a matter of general law not preempted by the Federal Arbitration Act.
This Agreement and Arbitration Agreement do not prevent you from participating in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement and do not prevent you from receiving an award for information provided to any government agencies.
14.6. Severability. Except as otherwise provided in the severability provisions in Section 14.3 above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
14.7. Right to Opt Out of Arbitration Agreement. You may opt out of the Arbitration Agreement by notifying Zebra in writing within thirty (30) days of your agreement to these Terms. To opt out, you must send a written notification to Zebra, Inc. located at 1255 Howard Street, San Francisco, California, 94103, Attention: Legal, that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver provisions.
15. TERM AND TERMINATION
15.1. Term. These Terms, as amended, will be effective commencing with your first use, pre-registration or registration of the Services and will remain in full force and effect throughout your use of the Services.
15.2. Termination by Zebra.
Zebra may terminate your use of the Services or any of our features or services at any time and for any reason, with or without notice, for conduct violating these Terms, including but not limited to, violations of the Rules, Rates, or Collision damage waiver, or upon Zebra’ sole determination. You hereby agree to Zebra’ broad right of termination. You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefor.
15.3. Termination by You.
You are free to terminate your use of the Services at any time. You can simply choose to stop visiting or using any aspect of the Services. If you wish to terminate your account on the Services, you may do so by sending an email to email@example.com or using any other account termination functionality that may be offered through the Services.
15.4. In case of termination, the User agrees to return immediately to Zebra any Zebra MOPED, or any other object User might have in its possession belonging to Zebra. User agrees to pay any attorneys’ fees, court costs or costs of other legal procedures necessary for Zebra to recover any amounts due and owing, the Zebra MOPED or any other object User might have in its possession belonging to Zebra.
15.5. User shall be responsible for any fees or costs incurred up to and including the date of termination. In addition to all other rights and recourses set out in these Terms, Zebra reserves the right to impose service fees on User, in case of non-observance by User of any provision of these Terms, in the manner and amounts specified in the Terms and/or the Rates.
16.1. Jurisdiction. The Site and App are controlled and operated by Zebra from its offices within the State of California and any country for which it operates MOPEDs. Zebra makes no representation that materials on the Site or App are appropriate or available for use in other locations. Those who choose to access or use the Site or App from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Site and App from jurisdictions where the contents or practices of the Services are illegal, unauthorized or penalized is strictly prohibited. Rental and Use of the MOPEDs are governed by the applicable laws and regulations of the geographic location where you access the App and rent the MOPEDs.
16.2. Notices. You must provide any notice required in accordance with these Terms via the User Account, if applicable, or the following email address: firstname.lastname@example.org. Zebra’ routine communications regarding the Services and any legal notices will be sent to the you either electronically (via User Account, the email address on record or by text message to the your mobile device using the number provided by you), by postal mail or by courier, except that Zebra may give notice of an amendment to the Terms by posting the notice on the Site, the App, the User Account, or by email to the email address on record. By providing your mobile telephone number to Zebra, you consent to receive text messages from Zebra relating to the provision of the Services. Notices are deemed received as of the time delivered. Zebra may periodically send you messages of an informational or advertising nature via email or text messages. You may choose to “opt-out” of receiving these messages by selecting the “opt-in” or “opt-out” link, as the case may be, at the foot of every such email, or by replying to a text message with the word STOP. You acknowledge and agree that notwithstanding your request to opt out from such messages, Zebra may still send and you may still receive emails or text messages reasonably required for the proper conduct of the Services. If you do not wish to receive any messages from Zebra, you must terminate your User Account, as applicable, and/or cease using the Services.
16.3. Choice of law; Venue. Any dispute arising out of or relating to this Agreement or the breach thereof shall be governed by the federal laws of the United States and the laws of the State of California, USA for all claims, without regard to or application of choice of laws, rules or principles. The parties hereby consent to the exclusive jurisdiction of the state and federal courts in California, USA, for all claims and both parties expressly waive any objections or defense based upon lack of personal jurisdiction or venue. 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.
16.4. Waiver. No delay or omission by Zebra to exercise any right or power occurring upon any noncompliance or default by you with respect to any of the Terms shall impair any such right or power or be construed to be a waiver thereof. A waiver by Zebra of any of the covenants, conditions, or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. Unless stated otherwise, all remedies provided for in these Terms shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
16.5. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
16.6. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Zebra without restriction. Any assignment attempted to be made by you in violation of these Terms shall be void. These Terms will be binding upon and inure to the benefit of the parties hereto, and permitted successors and assigns.
16.7. No Agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Zebra as a result of these Terms or use of the Services.
16.8. Survival. The provisions of these Terms that are intended to survive the termination of these Terms by their nature will survive the termination of these Terms, including, but not limited to, Sections 5 (Rates; Security Deposit; Payment Options), 6 (Guidelines for Use; Prohibited Activities), 7 (Privacy; Service Security), 8 (Intellectual Property), 9 (Links to Third Party Sites), 10 (Indemnity), 11 (Disclaimers), 12 (Limitations of Liability), 13 (Limitations; Basis of the Bargain), 14 (Dispute Resolution – Arbitration & Class Action Waiver (U.S. Users)), 15 (Term and Termination), and 16 (Miscellaneous).
16.9. 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.
16.10. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
16.11. Entire Agreement. This is the entire agreement between you and Zebra relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in a writing, signed by both parties, or by a change to these Terms made by Zebra as authorized in these Terms.
16.12. Disclosures. The services hereunder are offered by Zebra, Inc. located at 1255 Howard St., San Francisco, CA 94103. You may contact us by sending correspondence to the foregoing address or by emailing us at email@example.com. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.
17. Fee Schedule
First Month Payment (includes delivery)
Collision Damage Waiver (Zebra Basic Package)
$15 / month ($500 deductible)
18. Collision Damage Waiver
You can purchase an optional collision damage waiver. We may require a collision damage waiver for some Renters.
- Your rental does not include any collision, comprehensive or other insurance coverage for you. Things happen, we get it. But you remain 100% responsible for any damage that occurs to any MOPED that you rent regardless of who is at fault, including without limitation, any natural disaster, earthquake, fire, flood, tsunami, riot, government action, or other natural or manmade disaster. In the event that a third party is responsible for damages, you understand and agree that you remain solely responsible to pursue the at-fault driver or the at-fault driver’s insurance provider (the legal term for this is “subrogation”), and that Zebra has no responsibility to pursue or assist in pursuing any third party.Neither Zebra, or its insurers, do not cover expenses for your pain or suffering, your medical costs, or any other consequential or emotional damages you may suffer, and you knowingly waive any claims to such damages by entering this Agreement.If you cause property damage or injure someone as a Renter, you are solely responsible for all such damages or injuries.
- If at the time of rental you purchase a property damage waiver for an additional fee, a portion of total damages will be covered depending on the level of coverage you choose to purchase.
- Zebra offers the following limited Collision Protection Packages:
- The Zebra Basic package: Zebra will cover damages to the rented vehicle in any collision or comprehensive claims, and the Renter only will be responsible for paying the first $500 in damages or applicable deductible.
- Please note that all Collision Protection packages also cover towing expenses related to a damage claim.
- If you intentionally conceal or misrepresent any material fact or circumstance relating to Collision Protection Package, any claims or the rental agreement, then any Collision Protection Package purchased is void and Zebra, or its insurance providers have no obligation to insure or indemnify you in any manner.
You understand that we will automatically charge you and you agree to pay and authorize us to charge the credit/debit card provide for any loss or damage that occurs during your rental and for administrative fees associated with these issues.
- Should any damage to the vehicle occur during your rental, you agree to pay and authorize us to immediately charge the credit/debit card provided for the entire amount you are responsible for under the Collision Protection package purchased.
- You acknowledge and agree that you are ultimately responsible for damage to the vehicle, regardless of whether your insurance company pays. Zebra will only administer its own damage protection plans. Zebra cannot assist you with filing a claim with your insurance company, although you will have access to all the information necessary to do so.
- You are also responsible for paying any parking tickets, traffic tickets or fines, tolls, impounding or towing fees, lost keys, Administrative Fee or other costs incurred related to your rental.We will charge you additional administrative fees if you do not pay these fees in a timely manner. You agree to pay and authorize us to automatically charge the credit/debit card provided to pay for these costs and fees, in addition to a $50 PER occurrence administration fee.
- You also agree to pay and authorize us to charge your credit/debit card for any administrative fees associated with dealing with claims issues. Administrative fees include:
- If you fail to pay any charges, fees, or costs when due, we will charge you a late fee of 2% per month and for all costs and fees, including attorneys’ fees, administrative fees and any other costs associated with collecting amounts owed to Zebra.You agree to pay and authorize us to charge the credit/debit card provided for these amounts.
- If we are unable to charge your credit/debit card for the amounts listed above, for any reason, Zebra may use other legal means to recover funds, including without limitation, retaining a debt collection agency, arbitration or other legal action.
You agree that Zebra may, under certain serious circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms and Conditions or other Zebra policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services), (e) unexpected technical or security issues or problems, (f) extended periods of account inactivity, or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (a) removal of access to all offerings within the Services, (b) deletion of your information associated with your account, and (c) barring your further use of the Services.You agree that all terminations for cause shall be made in Zebra’s sole discretion and that Zebra shall not be liable to you or any third party for any termination of your account or access to the Services.
Disclaimer of Warranties, Limitations of Liability, and Waiver of Claims
YOU ACKNOWLEDGE AND UNDERSTAND THAT ALL INFORMATION, CONTENT, SOFTWARE, VEHICLES, ACCESSORY PRODUCTS, PARKING, AIRPORT TRANSPORTATION AND SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY. YOU AGREE THAT ZEBRA IS NOT RESPONSIBLE FOR RENTER, OWNER OR THIRD-PARTY ACTIONS OR OMISSIONS, MAY NOT OWN OR OPERATE THE VEHICLES MADE AVAILABLE THROUGH THE SERVICES, AND IS NOT RESPONSIBLE FOR ANY VEHICLE DAMAGE, AVAILABILITY, MAINTENANCE OR RELIABILITY OF ANY VEHICLE. ZEBRA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARDS TO SUCH INFORMATION, CONTENT, SOFTWARE, VEHICLES, ACCESSORY PRODUCTS, PARKING, AIRPORT TRANSPORTATION AND SERVICES, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT. ZEBRA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE VEHICLES, ACCESSORY PRODUCTS, PARKING, AIRPORT TRANSPORTATION AND SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE VEHICLES, ACCESSORY PRODUCTS, PARKING, AIRPORT TRANSPORTATION AND SERVICES WILL BE AVAILABLE OR UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE QUALITY OF ANY VEHICLE, ACCESSORY PRODUCTS, PARKING, AIRPORT TRANSPORTATION, INFORMATION OR OTHER PRODUCTS USEDWILL MEET YOUR EXPECTATIONS OR NEEDS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NO STATEMENT OR WRITING BY ZEBRA OR ITS AGENTS WILL CREATE ANY WARRANTY OR MODIFY THESE TERMS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE TO RELEASE ZEBRA, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, SERVICE PROVIDERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING BUT NOT LIMITED TO ANY VIABILITY, USE, OPERATION OR MALFUNCTION OF THE VEHICLES, ACCESSORY PRODUCTS, PARKING, AIRPORT TRANSPORTATION, OR ZEBRA WEBSITE. YOU PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE OF THE SERVICES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR USE OR MISUSE OF THE VEHICLES, ACCESSORY PRODUCTS, PARKING, AIRPORT TRANSPORTATION OR SERVICES, (B) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS. IN CONNECTION WITH THE SERVICES, OR (C) ANY DELAY OR INABILITY TO USE THE VEHICLES, ACCESSORY PRODUCTS, PARKING, AIRPORT TRANSPORTATION OR SERVICES EXPERIENCED BY YOU, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ZEBRA HAS BEEN ADVISED OF THE POSSIBILITY OF ANY CLAIM OR DAMAGES.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.IF ANY LAWS LIMIT THE EXCLUSION OR LIMITATION OF DAMAGES, YOU AGREE THAT SUCH DAMAGES ARE LIMITED TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW AND YOU FURTHER AGREE THAT OTHER THAN OUR OBLIGATIONS TO PAY OWNERS OR RENTERS PURSUANT TO THESE TERMS AND CONDITIONS, SUCH AS UNDER A PROPERTY DAMAGE PROTECTION PLAN, IN NO EVENT SHALL ZEBRA’S LIABILITY EXCEED THE GREATER OF (1) THE AMOUNTS PAID TO YOU BY ZEBRA IN THE LAST TWELVE MONTH PERIOD PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE LIABILITY OR (2) ONE HUNDRED U.S. DOLLARS ($100). THE WAIVER, LIMITATION OF LIABILITY AND DAMAGES SET FORTH IN THESE TERMS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN MATERAILLY RELIED ON BY ZEBRA AND YOU.
IF YOU ARE A CALIFORNIA RESIDENT YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to defend, indemnify and hold Zebra and its subsidiaries, affiliates, officers, agents, service providers, representatives, employees, partners and licensors harmless from any claims or demands, including damages, losses, costs, expenses and reasonable attorneys’ fees, made by any third-party due to or arising out of youruse of the Services, your violation of the Terms and Conditions, your violation of any law, rule, regulation, ordinance or your violation of any rights of another person or entity.
Dispute Resolution, Agreement to Arbitrate, Class Action and Jury Trial Waiver
PLEASE READ THIS SECTION CAREFULLY AS YOU ARE WAIVING YOUR RIGHT TO BRING CLAIMS IN COURT AND TRIAL BY JURY.
If we cannot informally resolve a issue related to the Terms and Conditions or use of our Service, you and Transfer agree to solve most disputes in arbitration, with certain limited exceptions.Y you agree that disputes between you and Zebra arising out of or relating to this Terms and Conditions, use of our Services or renting a vehicle from Zebra will be governed by the arbitration procedure outlined below.
- Informal Dispute Resolution: We hope toto address your concerns without resorting to formal legal action. Before filing a claim against Zebra, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We will also l try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Zebra may bring a formal proceeding.
- Agreement to Arbitrate. You and Zebra agree to resolve any disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
- OPT-OUT OF AGREEMENT TO ARBITRATE: YOU CAN DECLINE THIS AGREEMENT TO ARBITRATE BY CONTACTING HELLO@zebranow.com WITHIN 30 DAYS FROM THE DATE YOU FIRST CREATED AN ACCOUNT AND STATING THAT YOU (INCLUDE YOUR FIRST AND LAST NAME) DECLINE THIS ARBITRATION AGREEMENT.
- Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Los Angeles, California, or any other location we mutually agree. If the claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Zebra submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary.
- Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Zebra will pay all arbitration fees for claims where the amount in dispute is less than $75,000 provided your claim is not frivolous. Zebra will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
- Exceptions to Agreement to Arbitrate: Either you or Zebra may assert claims, if they qualify, in small claims court in Los Angeles (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
- Collections: In the event you fail to pay amounts owed to Zebra, Zebra may use all lawful efforts to recover the amount owed. This includes, without limitation credit reporting, debt collection (including by a third-party services) and/or arbitration as described above.
- CLASS ACTION WAIVER: YOU MAY ONLY RESOLVE DISPUTES WITH ZEBRA ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU ARE WAIVING ANY RIGHT TO JOIN A CLASS ARBITRATION, CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR SEEK TO CONSOLIDATE YOUR ARBITRATION WITH ANOTHER ARBITRATION PROCEEDING AGAINST ZEBRA.
- Governing Law: The Terms an Conditions and resolution of any disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
- Judicial Forum for Disputes and Jury Trial Waiver: In the event that the agreement to arbitrate is found not to apply to a dispute, you and Zebra agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Los Angeles County, California andconsent to venue and personal jurisdiction of such courts and to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to this Policy or your renting a vehicle from Zebra must be filed within one (1) year after such claim or cause of action arose, or elseyour claim or cause of action will be barred forever.
The Services are offered by Zebra, Inc. located 149 New Montgomery St, San Francisco, California 94105. If you have a question, concern or complaint, you can reach us by email at email@example.com.
Notice for California Users
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Notifications, Electronic Communications and Mobile Messaging
You agree that we may provide you notices by email, hard copy writing or by conspicuous posting onwebsite or app in our sole discretion. All notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
If you access the Services via a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. You agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Zebra as a result of the Terms and Conditions or your use of the Services. The Terms and Conditions constitute the entire agreement between you and Zebra with respect to your use of the Services. The failure of Zebra to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms and Conditions without the prior written consent of Zebra. Zebra has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect.
18. Routine Maintenance
Zebra Inc, provides routine maintenance to all renters during the length of your subscription. Please contact us at firstname.lastname@example.org for a list of our partner body shops / mechanics that are covered for you under our warranty. This includes quarterly inspections, bake checks, wear and tear parts (tires, brake pads, etc.)