GLIDE RENTAL AGREEMENT,

WAIVER OF LIABILITY, ASSUMPTION OF RISK AND RELEASE AGREEMENT

 

Effective Date:  April 2, 2019

 

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE.

 

In consideration of Your use of any of the Glide Services (defined below) provided by GLIDE SCOOTER SHARING, LLC, a Texas limited liability company d/b/a GLIDE ("GLIDE"), GLIDE requires that You ("Rider," "You," or "Your") (acting for all of Rider's family, heirs, agents, affiliates, representatives, successors, and assigns) agree to all terms and conditions in this Glide Rental Agreement, Waiver of Liability, Assumption of Risk and Release Agreement (this "Agreement").

 

The services provided by GLIDE include (1) GLIDE mobile application and related website; (2) GLIDE Electric Vehicles (the "Vehicle" or "Vehicles"); (3) discretionary charging of the Vehicle by Rider per Section 1.15 below, and (4) all other related equipment, personnel, services, applications, websites, and information provided or made available by GLIDE (collectively, the "Glide Services").

 

In addition to the Terms of Service, located at www.glideyourcity.com/terms-and-conditions , You expressly agreed to, when you signed up for GLIDE, You should CAREFULLY READ all terms and conditions before entering into this Agreement, but here is a partial list of some of the terms that GLIDE wants to bring to Your initial attention in the event You are on a smartphone or other device with a small screen.  Capitalized terms have the meanings given to them where defined in this Agreement.

 

THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS, AND ASSUMPTION-OF-RISK PROVISIONS AND A BINDING ARBITRATION AGREEMENT THAT LIMIT YOUR LEGAL RIGHTS AND REMEDIES.  FOR MORE DETAILS, PLEASE REFER TO SECTIONS 9 AND 15 BELOW.

 

            1.         The Vehicle must be locked at the conclusion of the ride.  If the Vehicle is not locked, the trip will continue and You will continue to be charged.  The max charge for a single trip is $100 for 24 hours.  For more details, please refer to Section 2.3 below.

 

            2.         Upon conclusion of Your ride, the Vehicle must be parked at a lawful parking spot, i.e. the Vehicle cannot be parked on private property or in a locked area or in any other non‑public space.

 

            3.         All applicable laws (including, without limitation, those applicable to traffic, pedestrians, parking, charging and electric Vehicles) must be obeyed, including any helmet laws in Your area. You agree that you will comply with all applicable provisions of the City of El Paso Municipal Code.

 

            4.         You must promptly report any damaged or malfunctioning Vehicles to GLIDE via the GLIDE mobile application (the "Glide App") and via e‑mail.

 

            5.         GLIDE expressly agrees to let, and the Rider expressly agrees to take on, rental of the Vehicle subject to the terms and conditions set out herein.  Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in U.S. dollars.

 

1.         GENERAL RENTAL AND USE OF VEHICLE.

 

            1.1.      Rider is Sole User.  GLIDE and the Rider are the only parties to this Agreement. The City of El Paso is a third party beneficiary of this Agreement and not a party to this Agreement. Without becoming a party to this Agreement, the City of El Paso may assert against the Rider any indemnification, release, assumption of risk, and other related provisions made by the Rider in favor of the City of El Paso under this Agreement. In the defense of any claim made against the City of El Paso, GLIDE may assert, on behalf of the City of El Paso, any indemnification, release, assumption of risk, and/or other related obligations of the Rider made to the City of El Paso under this Agreement.  The Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein.  You understand that when You activate a Vehicle from the location, the Vehicle must be used only by You.  You must not allow others to use a Vehicle that You have activated from the location.

 

            1.2.      Rider is At Least 18 Years Old.  Rider represents and certifies that Rider is at least 18 years old.

 

            1.3.      Rider is a Competent Vehicle Operator.  Rider represents and certifies that he/she is familiar with the operation of the Vehicle, and is reasonably competent and physically fit to ride the Vehicle.  You can find materials provided by the Vehicle manufacturers at http://www.segway.com/products/consumer-lifestyle/es2-kickscooter. This information may be updated periodically. By choosing to ride a Vehicle, Rider assumes all responsibilities and risks for any injuries or medical conditions.  You are responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat, road and sidewalk conditions (including tracks or objects placed on the public right of way), or electrical storms, make it dangerous to operate a Vehicle.  You are advised to adjust Your riding behavior and braking distance to suit the weather, visibility, surrounding environment, and traffic conditions.

 

            1.4.      Vehicle is the Exclusive Property of Glide.  Rider agrees that the Vehicle and any GLIDE equipment attached thereto, at all times, remain the exclusive property of GLIDE.  You must not dismantle, write on, or otherwise modify, repair or deface a Vehicle, any part of a Vehicle, or other GLIDE equipment in any way.  You must not write on, peel, or otherwise modify or deface any sticker on a Vehicle in any way.  You must not use a Vehicle, or other GLIDE equipment, for any advertising or other commercial purpose without the express written permission of GLIDE.

 

            1.5.      Vehicle Operating Hours and Vehicle Availability.  Rider agrees and acknowledges that the Vehicles are not available 24 hours a day, 7 days/week, 365 days per year.  Vehicles must be rented within the maximum rental time limits set forth below.  The number of Vehicles are limited, and Vehicle availability is never guaranteed.

 

            1.6.      Vehicle May be Used and/or Operated only in Metropolitan Areas.  Rider agrees to only use, operate, and/or ride the Vehicle in metropolitan areas in which it is legal to do so.

 

            1.7.      Rider Must Follow Laws Regarding Use and/or Operation of Vehicle.  Rider agrees to follow all laws pertaining to the use, riding, parking, charging, and/or operation of the Vehicle, including all state and local laws and the rules and regulations pertaining to Vehicles in the area where You are operating the Vehicle, including any helmet laws.  Rider also agrees to act with courtesy and respect toward others while using the GLIDE Services.

 

            1.8.      Prohibited Acts.

 

                        Rider agrees to the following:

 

                        1.8.1.   GLIDE recommends against operation of a Vehicle while carrying or holding a briefcase, backpack, bag, or other item that can alter balance or impair safe operation of the Vehicle.  If You choose to use such an item, GLIDE recommends that You ensure the item fits snugly to Your body and does not impede Your ability to operate the Vehicle safely.

 

                        1.8.2.   You must not place heavy objects on the handlebar of the Vehicle, such as heavy backpacks or bags.

 

                        1.8.3.   While riding a Vehicle, You must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from operating the Vehicle safely.

 

                        1.8.4.   You must not operate a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to operate a Vehicle safely.

 

                        1.8.5.   You must not carry a second person or child on a Vehicle.

 

                        1.8.6.   You may only use locking mechanisms provided by GLIDE.  You may not add another lock to the Vehicle or lock a Vehicle to anything.

 

                        1.8.7.   The Vehicle must be parked at a lawful parking spot, in an upright position using the kickstand. The Vehicle cannot be parked on unauthorized private property, in a locked area, or in any other unapproved non‑public space.  You should not park the Vehicle in heavily trafficked areas if the Vehicle is in danger of being knocked down.

 

                        1.8.8.   The Vehicle must be parked in a space that is visible.

 

            1.9.      Vehicle is Intended for Only Limited Types of Use.  Rider agrees that he/she will not use the Vehicle for racing, mountain riding, or stunt or trick riding.  Rider agrees that he/she will not operate and/or use the Vehicle on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others.  Rider agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any law, ordinance or regulation.

 

            1.10.    Weight and Cargo Limits.  You must not exceed the maximum weight limit for the Vehicle (200 pounds).

 

            1.11.    No Tampering.  You must not tamper with, attempt to gain unauthorized access to, or otherwise use the GLIDE Services other than as specified in this Agreement.

 

            1.12.    Reporting of Damage or Crashes.  Rider must report any accident, crash, damage, personal injury, or stolen or lost Vehicle to GLIDE as soon as possible.  If a crash involves personal injury, property damage, or a stolen Vehicle, Rider shall file a report with the local police department within 24 hours.  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 a stolen or lost Vehicle.

 

YOUR AUTOMOTIVE INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING OR DAMAGE TO THIS VEHICLE. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR AUTOMOTIVE INSURANCE COMPANY OR AGENT.

 

            1.13.    Rider Responsibility for Vehicle Use and Damage.  Rider agrees to return the Vehicle to GLIDE in the same condition in which it was rented.  Rider will not be responsible for normal wear and tear. Rider agrees to pay up to $1,000.00 to replace Vehicle should it be damaged.  Damage to the Vehicle shall be determined at GLIDE’s sole discretion.

 

            1.14     Electric Vehicle.  The Vehicle is an electric Vehicle that requires periodic charging of its battery in order to operate.  Rider agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric Vehicle and all of the limitations and requirements associated therewith.  Rider understands and agrees with each of the following:

 

            The level of charge power remaining in the Vehicle will decrease with use of the Vehicle (over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety).  The level of charging power in the Vehicle at the time Rider initiates the rental or operation of the Vehicle is not guaranteed and will vary with each rental use.  The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions, and other factors.  It is Rider's responsibility to check the level of charge power in the Vehicle and to ensure that it is adequate before initiating operation of the Vehicle. The distance and/or time that Rider may operate the Vehicle before it loses charging power is never guaranteed.  The Vehicle may run out of charging power and cease to operate at any time during Rider's rental of the Vehicle, including before reaching Rider's desired destination.

 

            1.15.    Charging of Vehicle.  If the Vehicle runs out of charging power during a rental, Rider shall conclude the ride in compliance with all terms of this Agreement.  Alternatively, in Rider's sole discretion, Rider may charge the Vehicle only by plugging a proper manufacturer-approved charging cord into an outlet that may be lawfully used for such purpose.  Rider agrees to follow all laws and rules pertaining to the charging of the Vehicle, including all state and local laws and all public and private rules and regulations pertaining to the area and to the property where Rider is charging the Vehicle.  Rider agrees that he/she is responsible for all costs, charges, fees, expenses, penalties, and fines associated with the charging of the Vehicle, and that GLIDE will not reimburse Rider for such.

 

            Consistent with Section 1.15., Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, property or fire or other damages, injuries, costs, and expenses, penalties, attorney's fees, judgments, suits, or disbursements of any kind or nature whatsoever related to charging of the Vehicle.  By choosing to charge a Vehicle, Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and Rider agrees that GLIDE and all other Released Persons (as defined below in Section 15) are not responsible for any injury, damage, or cost caused by Rider with respect to any person or property, including the Vehicle itself, directly or indirectly related to the charging of the Vehicle.

 

2.         PAYMENT AND FEES.

 

            2.1.      Fees.  Rider may use the Vehicle on a pay per ride basis or as otherwise in accordance with the pricing described in the GLIDE mobile application.  In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by GLIDE.  GLIDE will charge the Rider (through credit, or debit card or through another agreed payment method) the amount of the fees as described in this Agreement.

 

            2.2       Promo Codes.  Any, if any, Promo codes (discounts) are one-time offers and can be redeemed only via the GLIDE App.  GLIDE reserves the right to modify or cancel discounts at any time.  Discounts are limited to one per customer and account and may not be combined with other offers.  Discounts are non‑transferable and may not be resold.

 

            2.3       Maximum Rental Time and Charges.  Maximum rental time is 24 hours.  Rider agrees that Rider will deactivate the Vehicle rental within 24 hours of renting a Vehicle.  Rider may then rent again.  Rider agrees that he/she is solely responsible for being aware of any elapsed time related to the timely locking of the Vehicle.  The maximum day charge is $100 and is based on a calendar day.  After return of the Vehicle, Rider will be charged the accumulated rental charges, or the maximum day charge, whichever is less.  Vehicles not returned (locked and a ride concluded) within 48 hours will be considered lost or stolen, and Rider may be charged up to $1,000 and a police report may be filed.  GLIDE may also charge a service fee of $25 for rentals in excess of 24 hours where the Vehicle is not lost or stolen.

 

            2.4.      Valid Credit Card or Debit Card.  To be registered to use the GLIDE Services, Rider must provide GLIDE’s third-party payment processor with a valid credit or debit card number and expiration date.  Rider represents and warrants to GLIDE that Rider is authorized to use any credit or debit card Rider furnishes to GLIDE.  Rider authorizes GLIDE to charge the card for all fees incurred by Rider.  All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by GLIDE.  If Rider disputes any charge on Rider's credit or debit card account, then Rider must contact GLIDE within ten (10) business days from the end of the month with the disputed charge, and provide to GLIDE all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times of the ride associated with the disputed charge.  Rider agrees to immediately inform GLIDE of all changes relating to the card.

 

            2.5.      Pick-Up Fees.  If You are unable to return a Vehicle to a valid area (i.e., You deactivate the Vehicle on private property, a locked community, or another unreachable area), and request that the Vehicle be picked up by GLIDE staff, GLIDE, at its sole discretion, may choose to charge You a pick‑up fee up to $120.  If any Vehicle accessed under Your account is abandoned without notice, You will be responsible for all trip fees until the Vehicle is recovered and deactivated, plus a service charge (currently $120.00) to recover the Vehicle.  Fees are subject to change.

 

3.         ADDITIONAL TERMS OF USE.

 

            3.1.      Safety Check.  Before each use of a Vehicle, Rider shall conduct a basic safety inspection of the Vehicle, which includes inspecting the following:  (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) good condition of the frame; (iv) sufficient battery charge power; and (v) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need.  Rider agrees not to ride the Vehicle if there are any noticeable issues, and to immediately notify customer service to alert GLIDE of any problems.

 

            3.2.      Lost or Stolen Vehicle.  A Vehicle may be deemed lost or stolen if (a) the Vehicle is not returned within 24 consecutive hours; (b) the Vehicle's GPS unit is disabled; (c) the Vehicle is parked on unauthorized private property, in a locked area, or in any other non‑public space for more than ten minutes after a ride ends; (d) the Vehicle moves more than thirty feet after a rental has ended and GLIDE believes such movement was not caused by another Rider or authorized third party; or (e) other facts and circumstances that suggest to GLIDE in its reasonable, good faith determination that a Vehicle has been lost or stolen.  GLIDE and You agree that the last Rider of a Vehicle shall be responsible for a lost or stolen Vehicle unless facts and circumstances suggest otherwise to GLIDE in its reasonable, good faith determination.  If GLIDE deems a Vehicle lost or stolen, GLIDE shall have the authority to take any and all actions it deems appropriate (with respect to the last Rider of a Vehicle or otherwise); including, without limitation, obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities.  Rider agrees the data generated by GLIDE 's computer is conclusive evidence of the period of use of a Vehicle by a Rider.  Rider agrees to report Vehicle disappearance or theft to GLIDE immediately or as soon as possible.

 

            3.3.      Helmets; Safety; Assumption of Risk.  GLIDE strongly recommends that all Riders wear a Snell, CPSC-, ANSI- or ASTM-approved helmet that has been properly sized, fitted and fastened according to the manufacturer's instructions.  GLIDE and all other Released Persons (defined below in Section 15) do not represent or warrant the quality or safety characteristics of any helmet.  Rider agrees that none of the Released Persons is liable for any injury suffered by Rider while using any of the Glide Services, whether or not Rider is wearing a helmet at the time of injury.  Rider assumes all risk of not wearing a helmet or other protective gear.  Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.

 

            3.4.      Vehicle Routes.  Rider agrees that GLIDE and/or the City of El Paso do not provide or maintain places to ride Vehicles, and that GLIDE does not guarantee that there will always be a safe place to ride a Vehicle.  Roads, sidewalks, vehicle lanes, and vehicle routes may become dangerous due to weather, traffic, or other hazards.

 

            3.5.      Limitations on Vehicle Rental.  Rider agrees that GLIDE is not a common carrier.  Alternative means of public and private transportation are available to the general public and to Rider, individually, including public buses and rail service, taxis, and pedestrian paths.  GLIDE provides Vehicles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Vehicle on their own and who have agreed to all terms and conditions of this Agreement.

 

            3.6.      Limitations on Availability of Glide Services.  GLIDE does not guarantee that Glide Services will be available at all times, as unforeseen events or other circumstances might prevent GLIDE from providing the Glide Services.  Access to Glide Services is also conditioned on the availability of Vehicles.  GLIDE does not represent or warrant the availability of any of Glide Services or the availability of any Vehicle at any time.  Rider agrees that GLIDE may require Rider to return a Vehicle at any time.

 

4.         TERMINATION.

 

            4.1.      Termination by Glide.  At any time and from time to time, and without Rider's consent, GLIDE may unilaterally terminate Rider's right to use the Glide Services, in GLIDE 'S sole discretion and without any notice or cause.  Rider may terminate Rider's use of the Glide Services at any time; provided, however, that (i) no refund will be provided by GLIDE; (ii) the term of this Agreement continues in accordance with this Agreement; and (iii) Rider may still be charged any applicable additional fees in accordance with this Agreement.  This Agreement shall survive and remain in full force and effect, in accordance with its terms and conditions, after any termination of Rider's right to use any of the Glide Services, regardless of how the Agreement is terminated.

 

5.         CONFIDENTIALITY.

 

            5.1.      Confidentiality of Information; Privacy Policies.  You understand and agree that all personal information that pertains to you, including all names, addresses, phone numbers, email addresses, passwords, payment information, and other information will be kept by Kiwi, Inc. dba Joyride and Stripe, Inc. dba Stripe in accordance with their respective privacy policies located at https://www.onjoyride.com/legal/#privacy and https://stripe.com/us/privacyYou also agree to look solely to JoyRide and Stripe with respect to any matters concerning your personal information and any uses thereof in any way.

 

6.         LICENSE TO IMAGE AND LIKENESS.

 

            For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably:  (1) give Your full and unconditional consent to GLIDE and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the Glide Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to GLIDE and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the Glide Services, at any time and from time to time; (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes; and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as GLIDE may decide in its sole discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge all Released Persons from all Claims (defined below in Section 15) that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.

 

7.         NOTICE.

 

            GLIDE may be contacted by emailing hello@glideyourcity.com or by mail at:

 

                        500 N. Oregon St.

                        Second Floor

                        El Paso, TX 79901

 

8.         CHOICE OF LAW; DISPUTE RESOLUTION.

 

            This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of Texas, excluding principles of conflicts of laws.  For every dispute regarding this Agreement:  (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of Texas and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in El Paso, Texas.

 

9.         BINDING ARBITRATION AND CLASS ACTION WAIVER.

 

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

 

            9.1.      Initial Dispute Resolution.  Rider Support is available via the app to address any concerns you may have regarding your use of a Vehicle and/or this Agreement.  The parties shall use their best efforts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating mediation, arbitration, or a lawsuit.

 

            9.2.      Binding Arbitration. If the parties do not reach an agreed upon solution through the support process, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below.  Specifically, all claims arising out of or relating to use and rental of a Vehicle, this Agreement, and the parties' relationship with each other shall be finally settled by binding arbitration administered by JAMS or, alternatively, a mutually agreed upon arbitrator or arbitration service, under the applicable commercial arbitration rules for JAMS or the mutually agreed upon arbitration service, excluding any rules or procedures governing or permitting class actions.

 

            The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.  The arbitrator's award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

 

            To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, GLIDE will pay the additional cost.  The arbitration rules also permit you to recover attorney's fees in certain cases.  The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial.  They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

 

            9.3.      LocationThe arbitration will take place in El Paso, Texas, or a mutually agreed upon location.

 

            9.4.      Class Action Waiver. 
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.  YOU AND GLIDE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

 

            9.5.      Litigation of Intellectual Property and Small Claims Court Claims.  Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).  Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

 

            9.6.      Right to Opt Out.  You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: 500 N. Oregon St. Second Floor, El Paso, TX 79901.  The notice must be sent within thirty (30) days of the effective date or your first use of the Service, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs.  If you opt-out of these arbitration provisions, GLIDE also will not be bound by them. 

 

            9.7.      Changes to this Section.  GLIDE will provide prior written notice of any changes to this section. Changes will become effective only after prior written notice and will apply prospectively only to any claims arising after the notice period.

 

            For any dispute not subject to arbitration, you and GLIDE agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in El Paso, Texas.  You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

 

10.       WAIVER AND SEVERABILITY.

 

            No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement.  The provisions of this Agreement are independent of and severable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.

 

11.       CUMULATIVE REMEDIES.

 

            All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.

 

12.       FINAL AGREEMENT; MODIFICATION BY GLIDE.

 

            This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter.  This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter.  At any time and from time to time, and without Rider's consent, GLIDE may unilaterally amend, modify, or change this Agreement, in its sole discretion except for Section 9.  By continuing to use any of the Glide Services after any amendment, modification, or change, Rider has agreed to be bound by all such amendments, modifications, and changes.  Rider must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes.  Whenever a change is made to this Agreement, GLIDE will post a notification on the Website.  The pricing set forth on the Website supersedes all pricing set forth in this Agreement.

 

13.       CONTRACT INTERPRETATION.

 

            The headings in this Agreement do not affect the interpretation of this Agreement.  "Or" is not to be exclusive in its meaning.  "Including" means "including, but not limited to."  Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number.  All pronouns include the masculine, feminine, and neuter pronoun forms.

 

14.       VOLUNTARY EXECUTION OF THIS AGREEMENT.

 

            This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part or behalf of GLIDE.  Rider acknowledges that he/she:  (a) has read this Agreement; (b) understands the terms and consequences of this Agreement, including the releases it contains; and (c) is fully aware of the legal and binding effect of this Agreement.

 

15.       INDEMNITY; RELEASES; DISCLAIMERS; ASSUMPTION OF RISK.

 

            IN EXCHANGE FOR RIDER BEING ALLOWED TO USE GLIDE SERVICES, VEHICLES, AND OTHER EQUIPMENT OR RELATED INFORMATION PROVIDED BY GLIDE, RIDER AGREES TO FULLY RELEASE, INDEMNIFY, AND HOLD HARMLESS GLIDE AND ALL OF ITS OWNERS, MANAGERS, AFFILIATES, EMPLOYEES, ATTORNEYS, CONTRACTORS, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUCCESSORS, ASSIGNS, THE CITY OF EL PASO AND ALL OF ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS, AND CONTRACTORS, AND TO THE FULLEST EXTENT PERMITTED BY LAW ANY OTHER MUNICIPALITY (INCLUDING ITS ELECTED AND APPOINTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND VOLUNTEERS) WITH WHICH THE OPERATORS HAVE CONTRACTED WITH TO PROVIDE GLIDE SERVICES, AND EVERY SPONSOR OF ANY OF THE GLIDE SERVICES AND ALL OF THE SPONSOR'S OWNERS, MANAGERS, AFFILIATES, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "RELEASED PERSONS") FROM LIABILITY FOR ALL CLAIMS (AS DEFINED BELOW) ARISING OUT OF OR IN ANY WAY RELATED TO: (A) RIDER'S USE OF THE GLIDE SERVICES OR VEHICLES (INCLUDING WITHOUT LIMITATION THE PLACEMENT OR CONDUCT THEREOF), (B) ANY EQUIPMENT RELATED TO THE FOREGOING (INCLUDING WITHOUT LIMITATION THE MAINTENANCE OR THEREOF), (C) THIS AGREEMNT, AND (D) ANY RISKS DANGERS AND HAZARDS AS DESCRIBED BELOW.  SUCH RELEASED ARE INTENDED TO BE GENERAL AND COMPLETE RELEASES OF ALL CLAIMS.

 

            "Claims" means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney's fees, whether incurred at trial, on appeal, or otherwise), damages (including, but not limited to, for personal injury, wrongful death, property damage, and injury to rider or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent). For the avoidance of doubt the term “Claims” shall specifically include, but not be limited to, THOSE CLAIMS BASED ON RELEASED PERSONS' ALLEGED NEGLIGENCE, BREACH OF CONTRACT, AND/OR BREACH OF EXPRESS OR IMPLIED WARRANTY, EXCEPT FOR CLAIMS BASED ON RELEASED PERSONS' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

 

            TO THE FULLEST EXTENT PERMITTED BY LAW, AND AS TO RIDER'S USE OF ANY OF THE GLIDE SERVICES, VEHICLES, OR RELATED EQUIPMENT, GLIDE AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (INCLUDING THOSE RELATED TO ROAD AND SIDEWALK CONDITIONS).  ALL OF THE GLIDE SERVICES, VEHICLES, AND RELATED EQUIPMENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND RIDER RELIES ON THEM AT RIDER'S OWN RISK.

 

            Rider is aware that Rider's use of any of the Glide Services, Vehicles, and related equipment involves obvious and not‑so‑obvious risks, dangers, and hazards that may result in injury or death to Rider or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:

 

            (i)        vehicles and other objects;

            (ii)       pedestrians;

            (iii)      traffic;

            (iv)      Vehicle or component malfunction;

            (v)       road and sidewalk conditions (including tracks and other infrastructure related to any streetcar or other infrastructure or objects placed on the public right of way);

            (vi)      weather conditions;

            (vii)     failure to follow applicable laws regarding use and/or operation of the Vehicle pursuant to Section 1.7;

            (viii)    commission of any of the prohibited acts listed in Section 1.8;

            (ix)      failure to perform the required safety check pursuant to Section 3.1;

            (x)       failure to wear a helmet where required by law; and

            (xi)      negligent acts or omissions by GLIDE, any other Released Person, Rider, or third party.

 

            RIDER IS SOLELY AND FULLY RESPONSIBLE FOR THE SAFE OPERATION OF VEHICLE AT ALL TIMES.  RIDER AGREES THAT VEHICLES ARE MACHINES THAT MAY MALFUNCTION, EVEN IF THE VEHICLE IS PROPERLY MAINTAINED AND THAT SUCH MALFUNCTION MAY CAUSE INJURY. RIDER ASSUMES FULL AND COMPLETE RESPONSIBILITY FOR ALL RELATED RISKS, DANGERS, AND HAZARDS.

 

            TO THE FULLEST EXTENT PERMITTED BY LAW, THIS RELEASE AND HOLD HARMLESS AGREEMENT INCLUDES ANY AND ALL CLAIMS RELATED TO OR ARISING FROM THE SOLE OR PARTIAL NEGLIGENCE OF GLIDE, THE RELEASED PARTIES, AND ANY MUNICIPALITY OR ANY OTHER PARTY.  RIDER HEREBY EXPRESSLY WAIVES ANY CLAIMS AGAINST THE RELEASED PARTIES, ANY MUNICIPALITY OR ANY OTHER PARTY WHICH RIDER DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF USE OF GLIDE SERVICES, AND EXPRESSLY WAIVES RIDER'S RIGHTS UNDER ANY STATUTES THAT PURPORT TO PRESERVE RIDER'S UNKNOWN CLAIMS.

 

RIDER ACCEPTANCE OF AGREEMENT

 

            I certify that I have read and expressly agree to the terms and conditions of Section 15 – Indemnity; Releases; Disclaimers; Assumption of Risk, and I acknowledge that this section limits my legal rights and remedies.  I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by applicable law.  I represent and certify that I am familiar with the operation of the Vehicle, and am reasonably competent and physically fit to ride the Vehicle.

 

            I certify that:

 

            1.         I am the Rider;

            2.         I am 18 years old or over;

            3.         I will wear a helmet if required by applicable law;

            4.         I will not ride a Vehicle with another occupant;

            5.         I will obey all traffic laws;

            6.         I will ride at my own risk; and

            7.         I have read and expressly agree to the terms and conditions set forth in this

                        Agreement.

 

TERMS OF SERVICE, WAIVER OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT

 

The policies below are applicable to (i) the GLIDE network of websites that link to these Terms of Service, Waiver of Liability and Assumption of Risk Agreement (these “Terms of Service”, including any versions optimized for viewing on a wireless or tablet device); (ii) email newsletters published or distributed by GLIDE; apps published by GLIDE, including the “GLIDE” app; or (iii) any other services, interactive features, and communications made available by GLIDE, however accessed and/or used, that are operated by us, made available by us, or produced and maintained by us and our related companies (collectively, “Services”).

 

BY USING OUR SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF SERVICE.  IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SERVICES.  WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF SERVICE FROM TIME TO TIME WITHOUT NOTICE.  YOUR CONTINUED USE OF OUR SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY.
 For certain of our Services, you may also be required to execute GLIDE’s Rental Agreement, Waiver of Liability and Release and/or Privacy Policy.

 

THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR "USER") AND GLIDE THAT STATES THE MATERIAL TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICES. THIS AGREEMENT, TOGETHER WITH ALL UPDATES, SUPPLEMENTS, ADDITIONAL TERMS, AND ALL OF GLIDE’S RULES AND POLICIES COLLECTIVELY CONSTITUTE THIS "AGREEMENT", AS REFERRED TO HEREIN, BETWEEN YOU AND GLIDE.

 

            1.         Access License. GLIDE grants you a limited, revocable, non‑exclusive, non‑transferable license to access and make use of the Services or its content.  This license does not include any resale or commercial use of the Services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, cookies, or similar data gathering and extraction tools.  Except as expressly permitted herein, the Services and/or any portion of the Services may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without GLIDE’s express written consent.  Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.

 

            2.         Copyright and Ownership.  All of the content featured or displayed on the Services, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (collectively, the "Content"), is owned by GLIDE, its licensors, vendors, agents and/or its Content providers, as the case may be.  All elements of the Services, including, without limitation, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.  The Services may only be used for the intended purpose for which such Services are being made available.  Except as permitted by applicable copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Services.  Except as authorized under applicable copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You agree to strictly comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services.  The Services, Content and all related rights shall remain the exclusive property of GLIDE or its licensors, as the case may be, vendors, agents, and/or its Content providers, as the case may be, unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Services.

 

            3.         Trademarks/No Endorsement.  All trademarks, service marks and trade names of GLIDE used herein (including, but not limited to: the GLIDE name, the GLIDE corporate logo, the Services design, and any logos) (collectively, “Marks”) are trademarks or registered trademarks of GLIDE or its affiliates, partners, vendors or licensors, as the case may be. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify GLIDE trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without GLIDE's prior written consent.  You shall not use GLIDE’s name or any language, pictures or symbols which could, in GLIDE’s judgment, imply GLIDE’S endorsement in any (i) written or oral advertising or presentation; or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

 

            4.         Account Registration and Security.  You understand that your user information is not maintained or stored by GLIDE but by a third-party developer and you agree and consent to such uses by any such third-party company GLIDE chooses for all purposes.  You further understand that you will need to create an account to have access to the Services.  You will: (a) provide true, accurate, current and complete information about yourself as prompted by the Services's registration, sign‑in, or subscription page (such information being the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, or GLIDE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GLIDE has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).  You are responsible for the security and confidentiality of your password and account.  Furthermore, you are responsible for any and all activities that occur under your account.  You will not share your account information or your user name and password with any third party or permit any third party to logon to the Services using your account information.  You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware.  You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services. To the extent GLIDE stores any user information, GLIDE has the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business).

 

            5.         Solicited Submission Policy.  Where GLIDE has specifically invited or requested submissions or comments, GLIDE encourages you to submit content (e.g., comments to blog posts, participation in communities, tips, etc.) to GLIDE that they have created for consideration in connection with the Site (“User Submissions”).  User Submissions remains the intellectual property of the individual user.  By posting content on our Site, you expressly grant GLIDE a non‑exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub‑licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe.  Any such User Submissions are deemed non‑confidential and GLIDE shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission. 

 

            6.         Inappropriate User Submissions.  GLIDE does not encourage, and does not seek User Submissions that result from any activity that:  (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort.  You agree that you have not and will not engage in any of the foregoing activities in connection with producing your User Submission.  Without limiting the foregoing, you agree that in conjunction with your submission, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind.  GLIDE will reject any User Submissions in which GLIDE believes, in its sole discretion, that any such activities have occurred.  If notified by a user of a submission that allegedly violates any provision of these Terms of Use, GLIDE reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the Services at any time and without notice.

 

            7.         Inappropriate Material.  You are prohibited from using the Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that infringes or misappropriates third party intellectual property or could constitute or encourage conduct that would be considered a criminal offense or otherwise violate any law.  You further agree that sending or posting unsolicited advertisements or “spam” on or through the Services is expressly prohibited by this Agreement.  In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions or any applicable rules or policies linked to in these Terms of Service, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from using the Services and/or the immediate removal of the related materials from the Services at any time without notice.  We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

 

            8.         Access and Interference.  You agree that you will not use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission.  Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Services; or (iii) bypass any measures we may use to prevent or restrict access to the Services. 

 

            9.         Right to Take Down Content.  Except as disclosed in our Privacy Policy, we reserve the right to monitor, edit, or disclose the contents of a user's e‑mail (e.g. e-mails sent to GLIDE’s representatives, etc.) or content posted to the Services if in the course of normal maintenance of the Services and its systems or required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on GLIDE or the Services; (2) protect and defend the rights or property of GLIDE, the Services, or the users of the Services; or (3) act in an emergency to protect the personal safety of our users, the Services, or the public. Users shall remain solely responsible for the content of their messages and GLIDE shall have no obligation to prescreen any such content. However, we shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Services at any time without notice.  Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms of Service access to the Services or any part thereof.

 

            10.       User Published Content.  User published Content and User Submissions do not represent the views of GLIDE or any individual associated with GLIDE, and we do not control this Content.  In no event shall you represent or suggest, directly or indirectly, GLIDE’S endorsement of user published Content.  GLIDE does not vouch for the accuracy or credibility of any user published Content on our Services or User Submissions published through our Services, and do not take any responsibility or assume any liability for any actions you may take as a result of reviewing any such user published Content or User Submission.  Through your use of the Services and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive.  There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals.  By using our Services and Services, you assume all associated risks.

 

            11.       Third Party Links.  From time to time, the Services may contain links to websites that are not owned, operated or controlled by GLIDE or its affiliates.  All such links are provided solely as a convenience to you.  If you use these links, you will leave the Services.  Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website.  Neither we nor any of our respective affiliates, endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites.  If you decide to access any other websites linked to or from this Services, you do so entirely at your own risk.

 

            12.       Transactional Partners.  In some cases, we may partner with another entity to co‑promote their services within our Services.  In these cases, you may be transacting directly with the other party.  On those pages or locations, the transactional partners’ brand is clearly visible and their terms of service are posted.  When using these partner pages, you are bound by partner terms of service in addition to remaining bound by GLIDE Terms of Service.

 

            13.       Termination. You or we may suspend or terminate your right to use of the Services at any time, for any reason or for no reason.  We may also block your access to our Services in the event that;  (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

 

            14.       Representations and Warranties.  You represent that You are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and Your use of the Services is and will be in compliance with all applicable laws.  You represent that you have read, understood, agree with, and will abide by the terms of this agreement.  In addition, you represent and warrant that your User Submissions and all elements thereof are (a) owned or controlled solely and exclusively by you, you have prior written permission from the rightful owner of the content included in your User Submissions, or you are otherwise legally entitled to grant GLIDE all of the rights granted herein; and (b) GLIDE’s use of your User Submissions as described or contemplated herein do not and will not infringe on the copyrights, trademark rights, publicity rights or other rights of any person or entity, violate any law, regulation or right of any kind whatsoever, or otherwise give rise to any actionable claim or liability, including without limitation rights of publicity and privacy, and defamation.  Furthermore, You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.

 

            15.       DISCLAIMERS. YOUR USE OF THE SERVICES IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER GLIDE, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SERVICES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES MAY BE OUT OF DATE, AND NEITHER GLIDE, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GLIDE OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

            16.       LIMITATIONS OF LIABILITY. GLIDE DOES NOT ASSUME ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE SERVICES, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS SERVICE. IN NO EVENT WILL GLIDE, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

 

            IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR ANY MATERIALS, OR INFORMATION CONTAINED ON ANY OR ALL OF THE SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE.  IN NO EVENT SHALL GLIDE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY-FIVE DOLLARS (US $25.00).

 

            17.       INDEMNITY.  YOU AGREE TO DEFEND, INDEMNIFY AND HOLD GLIDE, ANY AFFILIATED ENTITY, AND THE DIRECTORS, OFFICERS, MEMBERS, AGENTS, ATTORNEYS, EMPLOYEES, PARTICIPANTS, SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING HARMLESS FROM ANY AND ALL LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RELATED TO OR IN CONNECTION WITH:  (I) THE USE OF THE SERVICES OR YOUR PLACEMENT OR TRANSMISSION OF ANY USER SUBMISSION OR OTHER CONTENT, MESSAGE OR INFORMATION ON THIS SERVICES BY YOU OR YOUR AUTHORIZED USERS; (II) YOUR VIOLATION OF ANY TERM OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES ABOVE; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY RIGHT OF PRIVACY, PUBLICITY RIGHTS OR INTELLECTUAL PROPERTY RIGHTS; (IV) YOUR VIOLATION OF ANY LAW, RULE OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY; (V) ANY CLAIM OR DAMAGES THAT ARISE AS A RESULT OF ANY USER SUBMISSION THAT YOU PROVIDE TO GLIDE, INCLUDING WITHOUT LIMITATION ANY CLAIM OR DAMAGES ARISING FROM A DEFAMATION OR INVASION OF PRIVACY CLAIM; OR (VI) ANY OTHER PARTY’S ACCESS AND USE OF THE SERVICES WITH YOUR UNIQUE USERNAME, PASSWORD OR OTHER APPROPRIATE SECURITY CODE.

 

            18.       Release.  In the event that you have a dispute with one or more other users of the Services, you release GLIDE (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

 

            19.       Force Majeure.  Neither GLIDE nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

 

            20.       Privacy.  Data collection and use, including data collection and use of personally identifiable information is governed by GLIDE’s Privacy Policy which is incorporated into and is a part of this Agreement.

 

            21.       General.  Any claim relating to, and the use of, this Services and the materials contained herein is governed by the laws of the State of Texas.  You consent to the exclusive jurisdiction of the state and federal courts located in El Paso County, Texas.  A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

            These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof.  We do not guarantee continuous, uninterrupted or secure access to our Services, and operation of the Services may be interfered with by numerous factors outside of our control.  If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.  You agree that these Terms of Service and all incorporated agreements may be automatically assigned by GLIDE in our sole discretion.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  Terms such as “us”, “we” and words of similar import refer to GLIDE.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.  All sections which by their context ought to survive this agreement shall survive any termination or expiration of this Agreement.

 

            22.       DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.  In operating the Services, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party websites.  As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Services.  GLIDE has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Services.  GLIDE has adopted a policy that provides for the removal of any content or the potential suspension of any user that is found to have repeatedly infringed on the rights of GLIDE or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Services infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)).  We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content.  Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is hello@glideyourcity.com.   

 

            Please provide the following notice:

 

            1.         Identify the copyrighted work or other intellectual property that you claim has been infringed;

 

            2.         Identify the material on the Services that you claim is infringing, with enough detail so that we may locate it on the Services;

 

            3.         A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

 

            4.         A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

            5.         Your address, telephone number, and email address; and

            6.         Your physical or electronic signature.

 

            We may give notice to our users of any infringement notice by means of a general notice on any of our Services, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's physical address in our records.  If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below.  To be effective, the counter-notification must be a written communication that includes the following:

 

            1.         Your physical or electronic signature;

            2.         Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

            3.         A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

 

            4.         Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

 

            23.       Additional Assistance.  If you do not understand any of the foregoing Terms of Service or if you have any questions or comments, we invite you to contact us at hello@glideyourcity.com.