Ride New Haven

Terms of Use

RIDER should CAREFULLY READ all terms and conditions before entering this Agreement.

THIS AGREEMENT CONTAINS A RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AND HOLD HARMLESS.

BY USING THIS WEBSITE (“Website”), THE Bike New Haven APP (“App”), OR THE SERVICES (“Services”) YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE Bike New Haven APP OR THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY Bike New Haven FROM TIME TO TIME. ALL CHANGES WILL TAKE EFFECT WITHIN 30 DAYS OF POSTING THE UPDATED TERMS TO OUR WEBSITE AND/OR APP. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL INDICATE YOUR ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

1. PURPOSE OF AGREEMENT

This document constitutes the entire Agreement (“Agreement”) between (a) RIDER (“RIDER” or “You”) the person agreeing to license and use the bike (“Bike”), and (b) [NETWORK, CORP] (“Bike New Haven”) d/b/a Bike New Haven.

2. GENERAL RENTAL AND USE OF BIKE: Agreements and Restrictions

2.1 RIDER is sole user: Bike New Haven expressly agrees to license use of the SERVICES, and the RIDER expressly accepts the license to use the SERVICES subject to the terms and conditions set out herein. Bike New Haven and the RIDER are the only parties to this Agreement. The RIDER is the sole licensee and is solely responsible for compliance with all terms and conditions contained herein.

2.2 RIDER is 18 or older: RIDER represents and certifies that RIDER is at least 18 years old. Bike New Haven is relying on RIDER’s representation. If RIDER intentionally or unintentionally misrepresents his/her age, RIDER accepts full responsibility and is liable for any consequence, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to any such misrepresentation.

In order to access the Services, You must be a registered user and download the App on a compatible, camera-enabled, personal mobile device, such as a smartphone or a tablet. You must also agree to be bound by Bike New Haven’s Liability Waiver and Release.

Account Registration and Credit Card.To register for an account ("Account"), You must provide Bike New Haven with your full name, mobile telephone number, and email address. You will also be required to provide Bike New Haven and/or its Payment Processors with valid credit card and payment information, including name, credit card number and expiry date and CVV, mailing address, email address and telephone number ("Billing Information"). The collection, use and disclosure of any personal information is governed by Bike New Haven and Drop Mobility’s Privacy Policy, which can be viewed at:https://dropmobility.com/privacy.

Account Use.You agree that only you, the Account holder, are solely responsible for your Account and all Bike New Haven bicycles rented through your Account. Should You allow additional RIDERS to rent a Bike under Your Account, You acknowledge and warrant that any additional RIDERS will be subject to and accept these Terms and Conditions, and You will be responsible for any fees, fines, penalties assessed to those additional RIDERS.

2.3 RIDER is a competent bike operator: RIDER represents and certifies that he/she is familiar with the operation of the Bike, and is reasonably competent and physically fit to ride the Bike.

2.4 Bike is exclusive property of Drop Mobility: RIDER agrees that the Bike and any equipment attached thereto, at all times, remains the exclusive property of Bike New Haven. RIDER will not make any modification to the Bike at any time.

2.5 Bike Operating Hours and Bike Availability: RIDER agrees that Bikes must only be used during the maximum time limits set forth in 2.6 below. Bikes are limited and Bike availability at any hub is never guaranteed.

2.6 MAXIMUM USAGE TIME AND CHARGES: Maximum time for use of the Bike is 6 hours. **RIDER understands that Bike New Haven is a hub to hub bike share service and no trip can end outside of a designated Bike New Haven hub. RIDER agrees that at the end of trip the RIDER will return the Bike to a designated Bike New Haven hub as identified in the app within 6 hours of time that usage of the Bike began. RIDER may then checkout the Bike again. RIDER agrees that he/she is solely responsible for being aware of any elapsed time related to the timely return. RIDER understands that there are additional fees for ending trips outside of Bike New Haven’s hubs and service area. Bike Usage Charges are as articulated in the App or as in the RIDER’s chosen plan. Upon return of the bicycle, the RIDER will be charged the accumulated usage charges, or the maximum day charge; whichever is less. The maximum day charge is $91.00 and is based on a calendar day. Bikes returned and locked out of hub will be assessed a $15.00 fee. Bikes returned and locked outside of the service area will be assessed a $50.00 out of service retrieval fee. Bikes not returned within 24 hours will be considered stolen, and RIDER may be charged $2,000.00.

Applicable local and state sales tax of 6.35% are included in Rental and Replacement Charges.

Fees.Your access to and use of the Services is subject to your payment of the applicable fees due for the Services selected by You ("Fees") and all other applicable amounts, charges and taxes indicated to You when you use the Service. Bike New Haven may put a hold of $10.00 on your credit card for the rental period and this will be released as soon as You end the trip on the App. In certain cases it may take up to a couple days for the hold to be released depending on your bank. Fee Schedule:

Maximum usage(does not include additional fees when applicable) = $91.00

Trip ended out of service area = $50.00

Trip ended out of Bike New Haven hub = $15.00

Bike improperly parked or no end of trip photo provided = $10.00

Bike left unlocked = $35.00

Stolen vehicle recovery = $100.00

Lost vehicle due to theft or damage = $2,000.00

Payment. Unless otherwise stated, all invoiced amounts are due upon receipt and processed immediately using the Billing Information You provided. Receipts for purchased Services will be delivered to You electronically via the App or the email address You provided. You shall: (i) keep the Billing Information, accurate and up to date; otherwise, we may suspend or terminate your use of the Services; (ii) promptly email support@ridenewhaven.com if your Billing Information changes due to loss, theft, cancellation or otherwise; (iii) be liable for Your failure to pay any Fees billed to You by Bike New Haven caused by Your failure to provide Bike New Haven with up to date Billing Information. To offset its additional processing costs, Bike New Haven may charge You for administrative charges as set from time to time for administrative or account activities including: collection efforts due to non-payment or having a balance over Rider credit limit; or returned or rejected payments. All administrative charges charged to You will be indicated to You on Your invoice or receipt and You shall pay all such charges.

Payment Processor.

Bike New Haven uses Stripe, a third-party payment processor to process transactions ("Payment Processor"). You authorize your Billing Information to be provided to the third party Payment Processor. You acknowledge and agree that the Privacy Policy and any terms of use of the Payment Processor will govern your interactions with the Payment Processor and that our Terms and policies do not govern. Bike New Haven HAS NO LIABILITY ARISING FROM YOUR USE OF OR ACCESS TO THE PAYMENT PROCESSOR. You should review the applicable terms and policies of the Payment Processor, including its Privacy Policy. Bike New Haven reserves the right to use other payment processors with notice to You.

Network Access. You are responsible for obtaining the data network access necessary to use the Website, App and Services. Your mobile network’s data and messaging fees may apply if You access or use the Services from a wireless-enabled device. You are solely responsible for payment of all fees for such access and use.

Pick-Up Procedure.

To rent a bicycle using the Services, log in to your Account on the App to find available bicycles nearby. Go to the location of the Bike New Haven bicycle You wish to rent. Inspect the bicycle for any damage or defects. Use the App to unlock the bicycle. Applicable local and state sales tax of 6.35% are included in Rental and Replacement Charges.

2.7 Not a Common Carrier. RIDER agrees that Bike New Haven is not a common carrier. Alternative means of public and private transportation are available to the general public and to the RIDER individually, including public transportation, taxis, ride hailing services and pedestrian paths. Bike New Haven’s SERVICE is offered as a convenience.

2.8 Bike may be used and/or operated only in the City of New Haven: RIDER agrees to only use, operate and/or ride the Bike in the City of New Haven. RIDER will not, under any circumstances, remove the Bike from the City of New Haven.

2.9 RIDER must follow rules of use and/or operation of Bike: RIDER agrees to follow all state and local laws, rules, and regulations pertaining to the use, riding and/or operation of bicycles in the City of New Haven.

2.10 Bike is intended for only limited types of use: RIDER agrees that he/she will not use the Bike for racing, mountain bike riding, stunt or trick riding. RIDER agrees that he/she will not operate and/or use the Bike on unpaved roads, through water, or in any location that is prohibited, illegal and/or a nuisance to others.

2.11 RIDER’s use of front carrier/basket is limited: RIDER acknowledges that the front carrier/basket of the Bike is intended for light goods only, and that he/she will not carry people or animals in the basket or anywhere on the bicycle.

2.12 RIDER must report any accident, stolen or lost Bike, and RIDER agrees that he/she must immediately report an accident, or a stolen or lost Bike to Bike New Haven and Police. RIDER agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to any accident, stolen or lost Bike.

2.13 RIDER responsibility related to Bike use and damage: RIDER agrees to return the BIKE to Bike New Haven in the same condition received, ordinary wear and tear excepted. RIDER agrees to ensure that the Bike is always locked and secured when unattended. Bikes may be equipped with wire locks; however, Bike New Haven will not be responsible for any lost, stolen, destroyed and/or damaged Bike under any circumstances, regardless of whether Bike locks are used or not properly functioning. RIDER agrees to pay for destruction or loss of Bike and for any damage, including replacement parts. (RIDER agrees to pay for any loss even though damage was caused by someone else). All repairs needed as a result of any damage, will be performed at the normal labor rates paid by Bike New Haven for repairs. In the event the Bike is lost or damaged beyond repair, regardless of fault or cause, RIDER agrees to pay Bike New Haven the full replacement value of the equipment.

Drop-Off Procedure. To end your rental, find a Bike New Haven hub **or a secure location to park the bicycle where bicycle parking is permitted**. Use the "End Trip" button on the App to lock the bike. Take a picture of the parked and locked/tethered bike and upload it to Bike New Haven App. You will receive a rental summary confirming your pick-up location and time, drop-off location and time, and Fees owed for the rental.

3. ASSUMPTION OF RISK; WAIVER; LIMITATION OF LIABILITY AND COVENANT NOT TO USE

3.1 RIDER understands and acknowledges that there are inherent risks that are hazardous to RIDER when RIDER uses and operates a Bike, and that these risks may or may not be caused by the negligence of RIDER or Bike New Haven or of others, or by defective equipment owned, maintained, or controlled by Bike New Haven or a third party, and that no amount of care or caution that RIDER or Bike New Haven may use, and no amount of instruction or expertise on part of Bike New Haven, can eliminate these risks. RIDER is freely licensing and using a Bike, and RIDER is aware there is risk and hereby expressly assumes all risk associated with licensing, usage and operation of a Bike, whether or not the risk is known or unknown to RIDER, as well as the risk of travel to and from the Bike hub, and that all of the foregoing risks may result in injury or harm including without limitation personal injury, illness, death or disability; as well as possible damage or destruction of the Bike or RIDER’s personal property.

3.2 RIDER understands that the Bike New Haven does not provide insurance coverage for injuries incurred during the use of the SERVICE.

3.3 RIDER’s homeowner’s, renter’s, or automobile insurance policies might not provide coverage for accidents involving the use of this device. To determine if coverage is provided, RIDER should contact their insurance company or agent.

3.4 For and in consideration of the license to use and operate the Bike, to the fullest extent permitted by law, RIDER irrevocably and forever releases and relinquishes and discharges Bike New Haven, Drop Mobility, the City of New Haven, all Bike New Haven Sponsors as well as owners of property upon or near which hubs are located (“Released Parties”) from any and all claims, liability, cause (s) of action and/or damage or personal injury including wrongful death, of or to RIDER or others (third parties) and injury to the property of others (third parties), which arises out of, results from or relates to this Agreement or the use or operation of the Bike (including usage that is permitted under this Agreement), misuse, maintenance, or design, of the Bike, the Bike New Haven program, and/or its website, including any and all claims, liability, cause(s) of action and/or damages related to the sole or partial negligence of Released Parties and/or the negligence of others (third parties). By this agreement RIDER covenants (promises) not to sue, and that RIDER will not bring, institute, prosecute, or in any way aid in the prosecution of any claim, demand, lawsuit, action, or cause of action against Bike New Haven, Drop Mobility, the City of New Haven, all Bike New Haven Sponsors and any such claims, rights, and causes of action that RIDER or RIDER’s estate may have, are hereby irrevocably waived, released and relinquished, and RIDER does(do) so on behalf of RIDER’S heirs, executors, administrators and assigns.

3.5 RIDER EXPRESSLY AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS RELEASED PARTIES FROM ANY AND ALL LIABILITY FOR ANY DAMAGES RELATED TO CLAIMS OF INFRINGEMENT OF INTELLECTUAL PROPERTY, PROPERTY LOSS OR DAMAGE, PERSONAL INJURY OR LOSS OF LIFE, WHETHER CAUSED BY THE SOLE OR PARTIAL NEGLIGENCE OF THE RELEASED PARTIES AND/OR THE NEGLIGENCE OF OTHERS, WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OF EITHER PARTY OR OF A THIRD PARTY, OR ANY OTHER LEGAL THEORY, IN CONSIDERATION FOR USING AND/OR OPERATING THE BIKE.

PROHIBITED BEHAVIOR

You must not do any of the following while using the Services:

Allow any minor to operate a Bike New Haven bicycle that is rented under your account;

Operate a Bike New Haven bike while distracted, including using a cellphone or other electronic device;

Operate a Bike New Haven bike while under the influence of alcohol, drugs or any other substance that would impair your ability to safely operate the bicycle;

Operate a Bike New Haven bike with any passengers or second RIDERs;

Operate a Bike New Haven bike off-road or on any natural surface trails.

Engage in any behavior using the Bike New Haven Services or bikes that is reasonably expected to cause a risk of danger or harm to You, other people or property.

Dismantle, take apart, or modify in any way a Bike New Haven bike;

Exceed the maximum weight limit for a Bike New Haven bike if indicated on the bike or communicated to You via the App; or

Leave a Bike New Haven bike in a hazardous location such as the side of freeway or onramp.

Park a Bike New Haven bike without locking to a secure object with the provided integrated cable.

Lock a Bike New Haven bike using a personal lock or lock a bike on private property or any other location inaccessible to the public.

Breach of any of the above will result in your immediate termination from the Bike New Haven Services.

4. GOVERNING LAW AND LEGAL RIGHTS.

4.1 This Agreement is made and executed in the State of Connecticut. This Release shall be subject to, and interpreted by and in accordance with the laws of the State of Connecticut, regardless of any conflict of laws provisions.

4.2 RIDER expressly recognizes, and has had the opportunity to discuss with counsel of RIDER’s choosing, that this Agreement and the waiver, release of liability, indemnity and covenant not to sue and is a contract pursuant to which RIDER is a party, and that the contract is the law of the parties and has binding effect.

RIDER expressly intends to enter into this Agreement, that RIDER does so voluntarily and of RIDER’s own free will.

5. THIRD-PARTY CONTENT

Advertising.You acknowledge and agree that the Website and App may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser, and You further acknowledge and agree that Bike New Haven shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is your responsibility to ascertain whether any information or materials You choose to download, whether intentionally on unintentionally, from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.

Links & Third-Party Websites. The Website may contain links to other websites that are not owned or controlled by Bike New Haven. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Bike New Haven of that third party, third party product or service. Bike New Haven is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and/or services, and You are responsible for determining those terms and conditions and complying with them. The presence on the Website or App of a link to any other website(s) does not imply that Bike New Haven endorses or accepts any responsibility for the content or use of such websites, and You hereby release Bike New Haven from any and all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.

6. DISCLAIMERS

DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICES, Bike New Haven APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." Bike New Haven SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. Bike New Haven DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY WARRANTIES, CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND Bike New Haven SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. Bike New Haven WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY YOU WITH A THIRD PARTY BY MEANS OF THE SERVICES.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL Bike New Haven BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, Bike New Haven APP OR THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR BICYCLES (INCLUDING THIRD-PARTY USE OF YOUR ACCOUNT),(V) ANY MALFUNCTION OF THE APP OR SERVICES, INCLUDING ANY CYBER ATTACK; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR Bike New Haven APP, OR (VII) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF Bike New Haven HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Bike New Haven’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY DOLLARS OR (B) AMOUNTS YOU’VE PAID Bike New Haven IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY Connecticut LAW.

INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND, AND HOLD Bike New Haven AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH (I) YOUR USE OF THE SERVICES OR ANY THIRD PARTY’S USE OF THE SERVICE OR BICYCLES RENTED UNDER YOUR ACCOUNT; (II) YOUR BREACH OF ANY OF THESE TERMS; OR (III) ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICES.

Termination. Bike New Haven may, under certain circumstances and without prior notice, immediately terminate Your ability to access the App, Website, or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with Bike New Haven (including, without limitation, non-payment of any fees owed in connection with the Website or otherwise owed by You to Bike New Haven), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website. You acknowledge and agree that all terminations may be made by Bike New Haven in its sole discretion and that Bike New Haven shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination Your use or access to Services by Bike New Haven shall be in addition to any and all other rights and remedies that Bike New Haven may have.

Availability & Updates. Bike New Haven may alter, suspend, or discontinue the Website at any time and for any reason or no reason, without notice. The Website, Services and/or Bike New Haven App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. You acknowledge that You shall not be entitled to any claim, damages, or recourse against Bike New Haven related to the unavailability of the Website or App. Bike New Haven may periodically add or update the information and materials on this Website without notice.

Security. Information sent or received over the Internet is generally unsecure, and Bike New Haven cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that You use to access the Services, and You are responsible for any activities or actions taken under your password. You agree to keep Your password secure. Bike New Haven will not be liable for any loss or damage arising from Your failure to comply with these requirements.

General. These Terms of Use, together with any privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website, App, and Services and all related activities. These Terms of Use may be by a new posting of these Terms of Use by Bike New Haven on the Website. Orleans Parish Civil District Court, State of Connecticut shall have exclusive jurisdiction over any disputes arising out of these Terms. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Bike New Haven to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Bike New Haven must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms of Use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Bike New Haven’s prior written consent.

If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Bike New Haven App or Services, please contact us at: support@ridenewhaven.com