Terms of Use

Website Term of Use Agreement and Rider Agreement
Website Term of Use

Introduction. Welcome to Ant Bicycle ("Ant Bicycle," "Our," or "We"). We operate the Ant Bicycle share system. This Website Terms of Use Agreement ("Agreement") sets forth the legal terms that govern the user's ("User", "You", or "Your") use of Our website, www.antbicycle.com, ("Website") or any of our affiliated websites ("Affiliated Websites") that are operated by Ant Bicycle. Please save a copy of this Agreement for Your personal records. By accessing or using the Website, You are acknowledging that You have read, understood, and agreed, to be bound by this Agreement and Our Privacy Policy (incorporated into this Agreement by this reference) without limitation or qualification. PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING DISPUTE RESOLUTION CLAUSES AND LIABILITY LIMITATIONS AND EXCLUSIONS.

  1. Modification. At any time and from time to time, and without Your consent, We may unilaterally amend, modify, or change this Agreement, in Our sole discretion and without any notice or cause. By continuing to use the Website after any amendment, modification, or change, You have agreed to be bound by all such amendments, modifications, and changes. Therefore, please carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes.

  2. Eligibility. Anyone who agrees to this Agreement and Our Privacy Policy and continues to abide by the terms therein is eligible to use the Website; provided, however, that certain programs on the Website that collect personally identifiable information might not be accessible to any person less than 18 years of age. If you access the Website or its services from outside the United States, then be aware that, under this Agreement, United States laws apply to Ant Bicycle and its affiliates, agents, owners, employees, contractors, representatives, successors, and assigns (collectively, "Ant Bicycle and its Related Parties"), to the Website, to any Affiliated Websites, and to all of its services, as opposed to any foreign or regional law that may relate to intellectual property rights, privacy rights, collection of data, or other rights.

  3. Registration. In consideration of Your use of the Website, You agree to: (i) provide accurate, current, and complete information about You, as may be prompted by any registration form on the Website ("Registration Data"); (ii) maintain the security of Your Website password and identification; (iii) maintain and promptly update Your Registration Data and all other information that You provide to Us; and (iv) be fully and solely responsible for all use of Your Account (defined below) and for any action that takes place within Your Account.

  4. Memberships. You may purchase an annual membership or short-term pass for the self-serve bicycle rental services provided by Ant Bicycle ("Service"). To purchase a membership or short-term pass, You must review and agree to the Bicycle Rental Agreement, Liability Waiver, and Release ("Rental Agreement") and create a User account ("Account"), on the Website.

  5. Term The term of this Agreement begins when You first use the Website, and it ends 10 years after Your last visit to the Website. At any time and from time to time, and without Your consent, We may unilaterally terminate Your right to use the Website and expel You from the Website, in Our sole discretion and without any notice or cause. This Agreement remains in full force and effect after terminating Your right to use the Website or after expelling you from the Website.

  6. Proprietary Rights in Website Content; Limited License to Access and Use Website. All content that is on the Website or that is available through the Website or any of the Affiliated Websites, including all designs, text, graphics, pictures, video, information, applications, software, music, sound, and other files and their selection and arrangement (collectively, "Website Content"), is either the exclusive proprietary property of Ant Bicycle and its Related Parties or is licensed to them, with all rights reserved by Ant Bicycle and its Related Parties or the licensors of such content. No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Our prior written consent, which may be withheld in Our sole discretion, except with respect to any of Your Provider Content (as defined in Section 9) that You post on the Website in accordance with the terms of this Agreement and Our Privacy Policy. For so long as You are eligible to use the Website and You act in accordance with the terms of this Agreement: (i) You are granted a limited license to access and use the Website solely for Your personal non-commercial use; and (ii) You are granted a limited license to access, use, download, or print a copy of any portion of the Website Content to which You have properly gained access solely for Your personal non-commercial use. Except for Your Provider Content, if any, You must not upload or republish any Website Content on any Internet, Intranet, or Extranet site and you must not incorporate any related information into any other database or compilation; and, any other use of the Website Content is strictly prohibited. Such limited license is subject to all terms of this Agreement. We may take any legal action in connection with any violation of this Agreement. Any use of the Website or of the Website Content, other than as may be specifically authorized herein, without Our prior written consent (which may be withheld in Our sole discretion), is strictly prohibited and will automatically and immediately terminate all licenses granted by Ant Bicycle herein. Such unauthorized use might also violate applicable laws, including copyright or trademark laws and communications statutes and regulations. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to any intellectual property right, whether by estoppel, implication, or otherwise. At any time and from time to time, and without Your consent, We may unilaterally revoke any license that we grant, in Our sole discretion and without any notice or cause.

  7. Social Media Customer Use Policy. Ant Bicycle engages our community through many digital outlets. Along with www.antbicycle.com, we communicate with our customers through social media platforms including Facebook and Twitter. These tools enable all of us to connect, share our interests and experiences, and engage in meaningful conversations. When engaging with Ant Bicycle over social media, it is important to note that you are agreeing to the following terms and conditions of this Social Media Policy, which we hope will satisfy each community member’s need for expression, while maintaining each community member’s right to feel comfortable, safe, and confident in their rights and obligations within our community.

Commenting on Ant Bicycle's Social Media Platforms: Ant Bicycle shares content (information, photos, video) with our community through external social media platforms. All comments posted to Ant Bicycle's social media platforms are moderated and if Ant Bicycle, in our sole discretion, determines that any post or comment violates the terms and conditions of this Social Media Policy, then we may remove those comments or posts. Failure to comply with this Social Media Policy may result in deletion of content or termination of your access to Ant Bicycle social media platforms.

  1. All comments or posts should be related to the content on Ant Bicycle's social media post. Ant Bicycle's social media accounts are not meant for comments that do not directly relate to the purpose or topic of the social media post.

  2. By using any Ant Bicycle website or social media platform, you agree to be bound by the Terms of Use Agreement of www.antbicycle.com, including this Social Media Policy. Content (information, photos, videos, etc.) you share with, or post to, Ant Bicycle's pages are also subject to the Terms of Use Agreement of our host site, and may be used by Ant Bicycle for any purpose, in our sole discretion.

  3. Be authentic. Include your real name and contact information when creating an Ant Bicycle social media account, or any other related social media account. Do not impersonate another person or access the Ant Bicycle social media platform from another person’s account. Do not share any other person’s personal information, or any other business’ proprietary information, without their express consent.

  4. Be honest, professional, and use your best judgment in all situations. If you would not show the content to a child or grandparent, it may not be appropriate to post.

  5. Do not upload anything that you do not own, unless you have express permission from the content’s owner. Comments advocating illegal activity, or posting of material that violates copyrights or trademarks of others, are prohibited. If you feel that something of yours has been posted without your consent, please see the Terms of Use Agreement for more information on reporting potential copyright violations.

  6. Use of Ant Bicycle social media accounts for the promotion or advertisement of a business or commercial transaction is prohibited.

  7. The use of obscene, threatening or harassing language is prohibited. Personal attacks of any kind or offensive comments that target or disparage any ethnic, racial, age, or religious group, gender, sexual orientation or disability status are prohibited.

  8. If you share an Ant Bicycle social media post (whether by sharing it on Facebook, or re-tweeting it on Twitter), then you agree not to disparage Ant Bicycle, portray Ant Bicycle in a false light, or modify the Ant Bicycle post in any way.

  9. This Social Media Customer Use Policy is subject to amendment or modification at any time, in Ant Bicycle's sole discretion. Please review it regularly.

This comment policy is subject to amendment or modification at any time.

User-Generated Content: As we continue to build our community, users are welcome and encouraged to submit and post content, including photographs and videos, to Ant Bicycle's social media platforms where the content meets the standards articulated in this Social Media Policy. Users may only post their own, original content. Reproduced or borrowed content that reasonably appears to violate third party rights will be deleted. If you believe that a user has violated the terms of this Social Media Policy, then please contact Ant Bicycle. Although we try to maintain a safe environment on our social media platforms, we are not responsible for the posts of any user and disclaim any liability for such posts. TO THE FULLEST EXTENT PERMITTED BY LAW, ANT BICYCLE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NONINFRINGEMENT, AND USEFULNESS, WITH RESPECT TO ANY CONTENT POSTED ON OUR SOCIAL MEDIA PLATFORMS.

  1. Provider Content. You are fully and solely responsible for all content that You upload, post, transmit, or share to the Website ("Provider Content"). "Website Content" as defined in Section 5 of this Agreement, also includes all "Provider Content." You may not upload, post, transmit, or share any Provider Content on the Website that You did not create or that You do not have permission to upload, post, transmit, or share. At any time and from time to time, and without Your consent, We may unilaterally review the Website and delete, remove, or restrict any access to or viewing of any Website Content, in Our sole discretion and without any notice or cause. You are fully and solely responsible, at Your full and sole cost and expense, for creating backup copies and replacing any Provider Content that You upload, post, transmit, or share to the Website or provide to Ant Bicycle and its Related Parties in any other way. When You post Provider Content to the Website, You automatically authorize Ant Bicycle and its Related Parties to make such copies thereof as We may deem, in Our sole discretion, necessary or appropriate. By posting Provider Content to the Website, You automatically grant, and You represent and warrant that You have the right to grant, to Ant Bicycle and its Related Parties an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, sublicense, reformat, translate, excerpt, distribute, modify, prepare derivative works of, or incorporate into other works any Provider Content for any purpose (commercial, advertising, or otherwise).

  2. Code of Conduct. Ant Bicycle and its Related Parties are not liable for Your conduct or the conduct of any third party. Nonetheless, in an attempt to make the Website a safer and healthier place, and in addition to the other terms of this Agreement, You agree to all of the following specific rules governing Your conduct on the Website:

    1. You must not upload, post, transmit, share, store, or otherwise make available any content that We may deem, at any time and from time to time in Our sole discretion, harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, sexually, or otherwise objectionable.

    2. You must not upload, post, transmit, share, store, or otherwise make available: (1) any information or material that infringes on the rights of Ant Bicycle and its Related Parties or any third party, including any intellectual property right; (2) any third party advertisement, including banner exchange services; (3) any software viruses, Trojan horses, worms, or other malicious software; or (4) any information or material that may constitute or encourage conduct that is a criminal offense or civil wrong or that otherwise might violate any applicable law or this Agreement.

    3. You must not upload, post, transmit, share, store, or otherwise make available any content that infringes or violates the copyright, trademarks, or other rights of Ant Bicycle and its Related Parties or any third party. The Ant Bicycle trademarks are owned by Ant Bicycle, Inc.

    4. You must not attempt to circumvent any content filtering techniques that We may employ.

    5. You must not use automated scripts to collect information from or otherwise interact with the Website or its servers.

    6. You must not register for more than one Account or register for an Account on behalf of any individual other than You.

    7. You must not upload, post, transmit, share, store, or otherwise make available any private information of any third party, including mailing addresses, phone numbers, email addresses, Social Security numbers, or credit card numbers.

    8. You must not solicit personal information from anyone under 18 years of age or solicit passwords or personally identifying information for commercial or unlawful purposes.

    9. You must not attempt to use another person's Account, service, or system.

    10. You must not impersonate any person or entity or make any false statement regarding Your employment, agency, or affiliation with any person or entity.

    11. You must not stalk, threaten, or harass anyone or infringe or attempt to infringe their privacy.

    12. You must not interfere with or disrupt the Website's servers or networks connected to the Website or any other server.

    13. You must not attempt to gain unauthorized access to other computer systems or networks.

    14. You must not upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or other form of solicitation.

    15. You must not upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, that would violate the rights of any party, or that would otherwise create any liability or violate any local, state, national, or international law, regulation, or ethical code.

    16. You must not take any action that could undermine, disrupt, or manipulate the integrity of any part or program of the Website.

    17. You must not operate or participate in any gaming or lottery.

    18. You must not use the Website for any illegal purpose, including drugs, pimping, prostitution, or terrorism.

    19. You must not disobey or breach this Agreement or any other applicable instruction or policy published by Ant Bicycle and its Related Parties.

    20. You must not post, transmit, share, store, or otherwise make available content that, in Our sole judgment, is objectionable or restricts or inhibits any third party from using or enjoying the Website, or that may expose Ant Bicycle and its Related Parties or anyone else to any harm or liability of any type. The content on the Website or any Affiliated Website may be accessible to persons under 18 years of age. At any time and from time to time, and without Your consent, and in Our sole discretion and without any notice or cause, Ant Bicycle may (i) remove, delete, or restrict access to information that is deemed inappropriate for any person under 18 years of age, (ii) refuse to post, transmit, or remove any content uploaded or posted by You, (iii) review Your personal profile and amend any typing or spelling error, (iv) restrict or terminate Your access to the Website and any Affiliated Website.

  3. Copyright Policy and Copyright Complaints. We respect the intellectual property rights of others, and We prohibit the uploading, posting, transmitting, sharing, or otherwise making available any material that violates another party's intellectual property rights. When We receive proper Notification of Alleged Copyright Infringement, as described below, We may promptly remove or disable access to any allegedly infringing material and may terminate any Account of any repeat infringer, in accordance with the Digital Millennium Copyright Act ("DMCA"). If You believe that Your own copyrighted work is accessible on the Website or any service in violation of Your copyright, then You may provide our Designated Agent with a written communication as set forth in the DMCA, 17 U.S.C. Sec. 512(c)(3) that contains substantially the following information:

    1. Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed, so that We can locate the material. For example, "The copyrighted work is my content that appears at http://www.mycontentpagesite.com/xyz." If multiple copyrighted works at a single online site are covered by Your Notification, then You may provide a representative list of such works at that site.

    2. Identify the URL or other specific location on the Website or service that contains the material that You claim infringes Your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material. For example, "The content at the following URL infringes on my copyright: http://www.anothercontentsite.com/abc."

    3. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.

    4. Include 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.

    5. Include a statement by You that the information contained in Your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner's behalf.

    6. Include Your name, mailing address, telephone number, and email address. You may submit Your Notification of Alleged Copyright Infringement by sending a letter to our Designated Agent by mail or e-mail, as set forth below: 
      Ant Bicycle Designated Copyright Agent 
      1 Broadway 14FL
      Cambridge, MA 02142 
      E-Mail: service@antbicycle.com 
      Please note that You could be liable for damages, including court costs and attorneys fees (whether incurred at trial, on appeal, or otherwise) if You materially misrepresent that any content on our Website or any service infringes any copyright. Filing a false form on this page constitutes perjury. On receiving a proper Notification of Alleged Copyright Infringement as described above, We may remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of Your claim. We also may advise the alleged infringer of the DMCA statutory Counter Notification procedure described below, by which the alleged infringer may respond to Your claim and request that We restore the material. If You believe that Your copyrighted material has been removed from the Website or service as a result of any mistake or misidentification, then You may submit a written Counter Notification to our Designated Agent, pursuant to 17 U.S.C. Sec. 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, Your Counter Notification must include substantially the following information:

      1. Identification of the material that has been removed or disabled and the location at which the material had appeared before it was removed or disabled.

      2. A statement that You consent to the jurisdiction of the Federal District Court in which Your address is located, or if Your address is outside the United States, for any judicial district in which the service provider may be found.

      3. A statement that You will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party's agent.

      4. Your name, mailing address, and telephone number.

      5. A statement under penalty of perjury that You have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification.

      6. Your physical or electronic signature. You may submit Your Counter Notification by sending a letter to Our Designated Agent by mail or e-mail as set forth above. If You send Us a valid written Counter Notification meeting the requirements described above, then We may restore Your removed or disabled material no later than 14 business days from the date on which We received Your Counter Notification, unless our Designated Agent first receives a notice from the party filing the original Notification of Alleged Copyright Infringement that informs us that such party has filed a court action to restrain You from engaging in infringing activity related to the material in question. Please note that if You materially misrepresent that the disabled or removed content was removed by mistake or misidentification, then You could be liable for damages, including costs and attorneys fees (whether incurred at trial, on appeal, or otherwise). Filing a false form on this page constitutes perjury.

  4. Repeat Infringer Policy. At any time and from time to time, Ant Bicycle may, in Our sole discretion and without notice or cause, limit access to the Website or terminate any limited license to access and use the Website of any User who infringes any intellectual property right of others, whether or not there is any repeat infringement.

  5. Trademarks. ll Website Content and all product names, trademarks, service marks, and logos on the Website are wholly owned by or validly licensed to Ant Bicycle and its Related Parties. All product names, trademarks, service marks, and logos owned by third parties remain the property of such third parties.

  6. Idea Submission. If You submit any idea, suggestion, or testimonial (collectively, "Submission") to Ant Bicycle and its Related Parties, then at any time and from time to time We have the right to use or modify Your Submission, without charge, in any manner that We may deem appropriate, in Our sole discretion and without Your consent or any notice or cause, including any posting on the Internet. You agree that You will not violate or infringe any rights of third parties, including privacy, publicity, intellectual, or proprietary rights (such as copyright or trademark rights). If You make any Submission, then You represent and warrant that (i) You own or otherwise control the rights to Your Submission, and (ii) the Submission does not constitute or contain any software virus, commercial solicitation, chain letter, mass mailing, or other form of "spam" or malicious software. You must not use any false e-mail address, impersonate any person or entity, or mislead Ant Bicycle and its Related Parties or any third party as to the origin of any Submission. You may, however, post under a screen name or post anonymously, but only for so long as the screen name abides by the terms of this Agreement. "Claims" means any and all liabilities, claims, losses, damages, expenses, costs (including attorneys' fees incurred at trial, on appeal, or otherwise), debts, fines, charges, or liens, whether direct or indirect, including consequential, exemplary, incidental, special, punitive, lost profits, or otherwise. You agree to indemnify and hold harmless Ant Bicycle and its Related Parties from any and all Claims that arise out of or relate to any Submission.

  7. Encryption Disclaimer. The Website uses encryption technology to protect information from access by unauthorized third parties. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE ENCRYPTION TECHNOLOGY WILL OPERATE AS INTENDED OR THAT A THIRD PARTY WILL NOT BE ABLE TO ACCESS ANY INFORMATION. If You have any concern about sending any information over the Internet, then You should use an alternative means of transmission. By sending information over the Internet in connection with Your use of the Website, You agree to indemnify and hold harmless Ant Bicycle and its Related Parties from all Claims (as defined in Section 14) that arise out of or relate to any failure of any encryption technology to protect Your information.

  8. Privacy Policy. We have confidentiality policies in Our online Privacy Policy, which is fully incorporated herein by this reference. To review, click on Privacy Policy. By continuing to use the Website, You agree to be bound by Our Privacy Policy and all future amendments, modifications, and changes thereto. In the event of any conflict between this Agreement and the Privacy Policy, the terms of the Privacy Policy shall prevail.

  9. Third Party Websites and Content. The Website may contain, or You may be sent through the Website, links to other websites and ads ("Third Party Websites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third Party Applications, Software, or Content"). Such Third Party Websites and Third Party Applications, Software, or Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Ant Bicycle. Ant Bicycle is not responsible for any Third Party Websites accessed through the Website or for any Third Party Applications, Software, or Content posted on, available through, or installed from the Website, including any content, opinions, privacy practices, or other policies contained in any Third Party Websites or Third Party Applications, Software, or Content. The inclusion of, linking to, or installation of any Third Party Websites or any Third Party Applications, Software, or Content does not imply any approval or endorsement thereof by Ant Bicycle. If You decide to leave the Website and access the Third Party Websites or to use or install any Third Party Applications, Software, or Content, then You do so at Your sole risk and cost. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Websites to which You navigate from the Website or include with any application You use or install from the Third Party Websites.

  10. DISCLAIMERS. YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ANT BICYCLE AND ITS RELATED PARTIES, ITS SPONSORS AND THE STATE OF MASSACHUSETTS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NONINFRINGEMENT, AND USEFULNESS, WITH RESPECT TO ANY SERVICE, THE WEBSITE, ANY WEBSITE CONTENT, OR ANY INFORMATION CONTAINED ON THE WEBSITE (COLLECTIVELY, "WORKS"). THE WORKS ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOU RELY ON THE WORKS SOLELY AT YOUR OWN RISK. WE DO NOT REPRESENT OR WARRANT THAT ANY WORKS WILL BE UNINTERRUPTED OR ERROR-FREE. THERE COULD BE DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THE WORKS. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR DOWNLOADING OR USE OF THE WORKS. ALTHOUGH WE MAY TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO OR THROUGH THE WORKS, WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE WORKS OR MATERIALS THAT MAY BE DOWNLOADED FROM THE WORKS ARE FREE OF SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO ANY OF THE FOREGOING.

  11. LIMITED LIABILITY. YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT ANT BICYCLE AND ITS RELATED PARTIES, ITS SPONSORS AND THE STATE OF MASSACHUSETTS ARE NOT LIABLE FOR ANY INJURY, LIABILITY, CLAIM, LOSS, DAMAGE, EXPENSE, COST (INCLUDING ATTORNEYS FEES INCURRED AT TRIAL, ON APPEAL, OR OTHERWISE), DEBT, FINE, CHARGE, OR LIEN, WHETHER DIRECT OR INDIRECT, INCLUDING CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, LOST PROFITS, OR OTHERWISE, THAT ARISES OUT OF OR RELATES TO (A) THIS AGREEMENT, (B) YOUR USE OR INABILITY TO USE THE SERVICE, (C) YOUR USE OF ANY INFORMATION, (D) ANY UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR (E) ANY ACTION OR INACTION OF ANY OTHER USER. YOU DO HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT TO THE FOREGOING, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY AND ALL CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER CLAIMS ARISING OUT OF OR RELATING TO (I) THIS AGREEMENT, (II) YOUR USE OR INABILITY TO USE THE SERVICE, (III) YOUR USE OF ANY INFORMATION, (IV) ANY UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR (V) ANY ACTION OR INACTION OF ANY OTHER USER IS LIMITED TO THE SUM OF $100. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  12. Indemnification. You agree to indemnify and hold harmless Ant Bicycle and its Related Parties, its sponsors and the state of Massachusetts from all Claims (as defined in Section 14) that arise out of or relate to (i) this Agreement, (ii) Your use or inability to use the Services or Works, (iii) Your use of any information, (iv) any unauthorized access or alteration of Your transmission or data, (v) any action or inaction by any other User.

  13. Choice of Law; Dispute Resolution. This Agreement is governed by, and must be construed and enforced in accordance with, the laws of Massachusetts, 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 Massachusetts and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in Massachusetts; and (iv) the parties must submit the dispute to mandatory mediation held in Massachusetts. Every mediation must be completed within 4 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 4-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.

  14. Waiver. 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 terms of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term being waived or amended.

  15. 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 resort to another or to any other right or remedy provided by law.

  16. Final Agreement. 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 Your consent, We may unilaterally amend or modify this Agreement, in Our sole discretion and without any notice or cause.

  17. Representations. Each party ("Promising Party") represents and warrants to the other party that: (i) the Promising Party has the legal power and authority to enter into this Agreement and to undertake and perform all of its duties and obligations hereunder; (ii) there is no contract or other legal obligation that prevents the Promising Party from entering into this Agreement or from undertaking or performing all of its duties and obligations hereunder; and (iv) this Agreement is the Promising Party's legally binding and fully enforceable agreement.

  18. Electronic. When You visit the Website or send emails to Ant Bicycle, You are communicating with Ant Bicycle electronically. As a result, You thereby consent to receive communications from Ant Bicycle electronically. We will communicate with You by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically or post on the Website satisfy any legal requirement that such communications be in writing.

 

 

Rider AGREEMENT

Ant Bicycle Rental Agreement, Waiver of Liability and Release

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 Services (defined below) provided by Neutron Holdings, Inc. d/b/a Ant Bicycle (“Ant Bicycle”), operator of Ant Bicycle Bike Share, Ant Bicycle requires that You (“Rider”, “You”, or “Your”) agree to all terms and conditions in this Bicycle Rental Agreement, Waiver of Liability, and Release (“Agreement”), as applicable.  The “Services” provided by Ant Bicycle are composed of several elements, including (1) Ant Bicycle Bike Share bicycle parking locations (“Locations”), (2) Ant Bicycle Bike-Share bicycles (“Bicycle” or “Bicycles”), and (3) all other related equipment, personnel, and information provided or made available by Ant Bicycle.

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 Ant Bicycle 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.

  • The Bicycle must be locked at the conclusion of the ride.  If the Bicycle is not locked, the trip will continue and you will continue to be charged. The max charge for a single trip is $12 for 24 hours. For more details, please refer to the term 2.3 below.

  • Upon conclusion of your ride, the Bicycle must be parked at a lawful parking spot, i.e. the Bicycle cannot be parked on private property or in a locked area or in any other non-public space.

  • All traffic and bicycling laws must be obeyed, including any helmet laws in your area.

  • You must promptly report any damaged or malfunctioning Bicycles to Ant Bicycle via the App or via e-mail.

Ant Bicycle expressly agrees to let, and the Rider expressly agrees to take on, rental of the Bicycle 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 BICYCLE.  

1.1   Rider is Sole User:   Ant Bicycle and the Rider are the only parties to 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 Bicycle from the Location, the Bicycle must be used only by You. You must not allow others to use a Bicycle 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.  Minors who are at least 13 years of age may use Ant Bicycle Bike Share, but only if the Service is subscribed for by and under the responsibility of the minor’s parent or legal guardian. By authorizing use of the Service by a minor, the parent or legal guardian agrees s/he is fully responsible and liable for all injuries, damages, and costs and expenses arising from or related to the minor’s use of the Service and guarantees, represents, and warrants: (i) the parent’s or legal guardian’s; and (ii) the minor’s acceptance of and agreement and compliance with all terms and conditions of this Agreement as a Rider.

1.3   Rider is a Competent Bicycle Operator:  Rider represents and certifies that he/she is familiar with the operation of the Bicycle, and is reasonably competent and physically fit to ride the Bicycle.  By choosing to ride a Bicycle, Rider assumes all responsibilities and risks for any injuries or medical conditions.  You are responsible for determining whether conditions, including snow, hail, ice or electrical storms, make it dangerous to operate a Bicycle. You are advised to adjust Your riding behavior and braking distance to suit the weather and traffic conditions.

1.4   Bicycle is the Exclusive Property of Ant Bicycle:  Rider agrees that the Bicycle and any Ant Bicycle equipment attached thereto, at all times, remain the exclusive property of Ant Bicycle.  You must not dismantle, write on, or otherwise modify, repair or deface a Bicycle, any part of a Bicycle, or other Ant Bicycle equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Bicycle in any way. You must not use a Bicycle, or other Ant Bicycle Cycle Share equipment for any advertising or similar commercial purpose.

 

1.5   Bicycle Operating Hours and Bicycle Availability:  Rider agrees and acknowledges that the Bicycles are available 24 hours a day, 7 days/week, 365 days per year, except in the case of events outlined in section 4.6.  Bicycles must be rented within the maximum rental time limits set forth below.  The number of Bicycles is limited and Bicycle availability is never guaranteed.

1.6   Bicycle May be Used and/or Operated only in Metropolitan Areas:  Rider agrees to only use, operate and/or ride the Bicycle in metropolitan areas. 

1.7   Rider Must Follow Laws Regarding Use and/or Operation of Bicycle:  Rider agrees to follow all laws pertaining to the use, riding and/or operation of the Bicycle, including all state and local laws and the rules and regulations pertaining to bicycles in the area where you are operating the Bicycle, including without limitation any helmet laws.

1.8 Prohibited Acts:  Rider agrees to the following:

  • You must not ride a Bicycle while carrying any briefcase, backpack, bag, or other item if it impedes Your ability to operate safely the Bicycle.

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

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

  • You must not carry a second person on a Bicycle.

  • You may only use locking mechanisms provided by Ant Bicycle.  You may not add another lock to the Bicycle or to lock a Bicycle to anything.

  • The Bicycle must be parked at a lawful parking spot, i.e. the Bicycle cannot be parked on private property or in a locked area or in any other non-public space.

  • The Bicycle must be parked in a space that is visible

 

1.9   Bicycle is Intended for Only Limited Types of Use:  Rider agrees that he/she will not use the Bicycle for racing, mountain Bicycle riding, stunt or trick riding.  Rider agrees that he/she will not operate and/or use the Bicycle 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 Bicycle 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 Bicycle (300 pounds) or the cargo carrier/basket on the Bicycle (15 pounds), and You must not otherwise use the cargo carrier improperly with regard to type of contents or any visual obstruction or riding impediment.  Rider acknowledges that the front carrier/basket and back basket of the Bicycle is intended for light goods only, and that he/she will not carry people or animals anywhere on the bicycle.

1.11 No Tampering:  You must not tamper with, attempt to gain unauthorized access using, or otherwise use Ant Bicycle Bike-Share system or other Ant Bicycle Bike-Share equipment other than for purposes of using a Bicycle pursuant to this Agreement.

1.12   Reporting of Damage or Crashes:  Rider must report any accident, crash, damage, personal injury, stolen or lost Bicycle, to Ant Bicycle as soon as possible. If a crash involves personal injury, property damage, or a stolen Bicycle, 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 Bicycle.

1.13   Rider Responsibility for Bicycle Use and Damage:  Rider agrees to return the Bicycle to Ant Bicycle in the same condition in which it was rented. Rider will not be responsible for normal wear and tear.

2 PAYMENT AND FEES.

2.1   Fees.  Rider may use the Bicycle on a pay per ride basis or as otherwise in accordance with the pricing described in the app.  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 Ant Bicycle.  Ant Bicycle will charge the Rider’s credit, debit card or other agreed payment methods the amount of the fees as described in this Agreement.

2.2 Promo Codes.  Promo codes (discounts) are one-time offers and can only be redeemed via Ant Bicycle App. Ant Bicycle 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 Bicycle rental within 24 hours of time that rental of the Bicycle began.  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 the Bicycle.  The maximum day charge is $12 and is based on a calendar day.  After return of the Bicycle, the rider will be charged the accumulated rental charges, or the maximum day charge; whichever is less.  Bicycles not returned (locked and a ride concluded) within 48 hours will be considered lost or stolen, and Rider may be charged up to $500 and a police report may be filed.

2.4   Valid Credit Card or Debit Card. Rider must input a valid credit or debit card number and expiration date before Rider will be registered to use the Service.  Rider represents and warrants to Ant Bicycle that Rider is authorized to use any cards Rider furnishes to Ant Bicycle. Rider authorizes Ant Bicycle 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 Ant Bicycle.  If Rider disputes any charge on credit or debit card account, then Rider must contact Ant Bicycle within 10 business days from the end of the month with the disputed charge, provide to Ant Bicycle 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.  Rider agrees to immediately inform Ant Bicycle of all changes relating to the card.

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

3   RELEASES; DISCLAIMERS; LIMITATION OF LIABILITY; ASSUMPTION OF RISK.

3.1   Releases.  “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 attorneys’ fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Services, including any of the Bicycles, equipment or related information, or (b) Rider’s use of any of the foregoing.  “Released Persons” means, collectively Ant Bicycle and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, and (ii) every sponsor of any of the Services and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns. In exchange for Rider being allowed to use any of the Services, Bicycles, and other equipment or related information provided by Ant Bicycle, Rider (acting for Rider and for all of Rider’s family, heirs, agents, affiliates, representatives, successors, and assigns) do hereby fully and forever release and discharge all Released Persons for all Claims that Rider has or may have against any Released Person, except for Claims caused by the Released Person’s gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended third party beneficiaries of such releases.  Rider expressly agrees to indemnify, release and hold harmless Released Persons from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the sole or partial negligence of Ant Bicycle and/or the negligence of others, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using and/or operating the Bicycle.

3.2   Disclaimers. 

YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, ANT BICYCLE BICYCLES, OR RELATED EQUIPMENT IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, ANT BICYCLE BICYCLES, OR RELATED EQUIPMENT, ANT BICYCLE AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

ALL OF THE SERVICES, ANT BICYCLE BICYCLES, AND RELATED EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK).

ANT BICYCLE AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, ANT BICYCLE BICYCLES, OR RELATED EQUIPMENT WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, ANT BICYCLE BICYCLES, OR RELATED EQUIPMENT.

3.3   Limited Liability. 

RIDER DOES HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, ANT BICYCLE AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) RIDER’S USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, BICYCLES, OR RELATED INFORMATION, (C) RIDER’S BREACH OF THIS AGREEMENT OR RIDER’S VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY RIDER,(E) RIDER’S FAILURE TO WEAR A BICYCLE HELMET WHILE USING A BICYCLE, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY.

RIDER DOES HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF ANT BICYCLE OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.

THE TOTAL LIABILITY OF ANT BICYCLE AND ALL OTHER RELEASED PERSONS FOR ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER GROUNDS, IS LIMITED TO THE SUM OF $100.

SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY TO RIDER, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO RIDER, AND RIDER MIGHT HAVE ADDITIONAL RIGHTS.

3.4   Assumption of Risk by Rider.  Rider is solely and fully responsible for the safe operation of the Bicycle at all times. Rider agrees that Bicycles are machines that may malfunction, even if the Bicycle is properly maintained, and that such malfunction may cause injury. Rider agrees that riding a Bicycle involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to Rider or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Rider agrees that such risks, dangers, and hazards are Rider’s sole responsibility, including, but not limited to, choosing whether to wear a bicycle helmet as required by law or utilize other protective gear. Rider agrees that if Rider’s use of any of the Services causes any injury or damage to another person or property, then Rider may be liable for all resulting injuries, damages, and related costs. By choosing to ride a Bicycle, Rider assumes full and complete responsibility for all related risks, dangers, and hazards, and Rider agrees that Ant Bicycle and all other Released Persons are not responsible for any injury, damage, or cost caused by Rider with respect to any person or property, including the Bicycle itself.

3.5 Indemnification.  You will indemnify and hold the Released Persons harmless from all losses, suits, claims or other proceedings arising out of or relating to Your use of Bicycles and any breach of the terms of this Agreement; provided, however, that Released Persons must notify You as soon as practicable after the date notice of such loss, suit, claim or other proceeding is served on Released Persons directly (as opposed to service on a statutory agent for service of process) or otherwise brought to the attention of Released Persons.

4   Additional Terms of Use.

4.1   Safety Check. Before each use of a Bicycle, Rider shall conduct a basic safety inspection of the bicycle, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) proper attachment of the seat, pedals, and basket; (iv) good condition of the frame; and (v) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. Rider agrees not to ride the Bicycle if there are any noticeable issues, and to immediately notify customer service to alert Ant Bicycle of any problems.

4.2   Lost or Stolen Bicycle. If a Bicycle is not returned within 48 consecutive hours, then the Bicycle is deemed lost or stolen and a police report may be filed with local authorities. The data generated by the Service’s computer is conclusive evidence of the period of use of a Bicycle by a Rider. Rider must report Bicycle disappearance or theft to Ant Bicycle immediately or as soon as possible.

4.3   Helmets; Safety.   Ant Bicycle 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. Rider agrees that none of Ant Bicycle and its Released Parties are liable for any injury suffered by Rider while using the Service, whether or not Rider is wearing a helmet at the time of injury. Rider may need to take additional safety measures or precautions not specifically addressed in this Agreement.

4.4   Bicycle Routes. Rider agrees that Ant Bicycle does not provide or maintain places to ride Bicycles, and that Ant Bicycle does not guarantee that there will always be a safe place to ride a Bicycle. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards.

4.5   Limitations on Bicycle Rental. Rider agrees that Ant Bicycle 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. Ant Bicycle provides Bicycles 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 Bicycle on their own and who have agreed to all terms and conditions of this Agreement.

4.6   Limitations on Availability of Service. Ant Bicycle makes every effort to provide the Service 365 days per year, but does not guarantee that the Service will be available at all times, as force majeure events or other circumstances might prevent Ant Bicycle from providing the Service. Access to the Service is also conditioned on the availability of Bicycles. Ant Bicycle does not represent or warrant the availability of any Service or the availability of any Bicycle at any time.  Rider agrees that Ant Bicycle may require Rider to return a Bicycle at any time.

5   Term and Termination.

5.1   Term.  The term of this Agreement begins when Rider first uses the Service, and the term ends 10 years after Rider’s last use of the Service; provided, however, that Rider’s personal financial responsibility under this Agreement expires one year after the Rider’s last use of the Service.

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

6   Confidentiality of Information; Privacy Policies.  All personally identifiable information that is held by Ant Bicycle and pertains to Riders, including all names, addresses, phone numbers, email addresses, credit and debit card numbers, pass numbers, and card numbers will be kept by Ant Bicycle in accordance with its privacy policy linked to http://www.antbicycle.com/privacy/; provided, however, that (i) if there is any accident where a Rider is unable to communicate personal information to the appropriate authorities, then Ant Bicycle may, in its sole discretion, provide the Rider’s name, address, phone number, and other important information to such authorities, (ii) if Ant Bicycle receives a subpoena from any court or other authority, then Ant Bicycle will provide all requested information in accordance with applicable law, and (iii) Ant Bicycle may disclose aggregate and other data about Riders in accordance with applicable law, including, without limitation, general latitude and longitude data for Rider addresses (provided this would not allow any individual’s address to be separately identified). In addition, Ant Bicycle may disclose individual data to a third party upon Rider’s express permission and consent (e.g. enrollment in a study).

7. 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 Ant Bicycle 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 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 Ant Bicycle 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 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 Ant Bicycle 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 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.

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 Massachusetts, 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 Massachusetts and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in Boston, Massachusetts; and (iv) the parties must submit the dispute to mandatory mediation held in the State of Massachusetts. The parties agree that any dispute will be first subject to mediation.  Every mediation must be completed within 6 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 6-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.

9.   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 separable 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.

10.   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.

11.   Final Agreement; Modification by Ant Bicycle. 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, Ant Bicycle may unilaterally amend, modify, or change this Agreement, in its sole discretion and without any notice or cause. By continuing to use any Service 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, Ant Bicycle will post a notification on the Website.  The pricing set forth on the Website supersedes all pricing set forth in this Agreement.

12.   Contract Interpretation.  The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not 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.

RIDER ACCEPTANCE OF AGREEMENT

I certify that I am the Rider, I am 18 years old or over, and I have read and expressly agree to the terms and conditions set forth in this Agreement.

OR

I certify that I am the Parent and/or Legal Guardian of the Rider, who is at least 13 years old, and I am 18 years old or over.  I have read, and I expressly agree to, the terms and conditions set forth in this Agreement and authorize use of the Service by the minor Rider.

 

 

Notices. You may contact Ant Bicycle by writing, calling, or emailing Ant Bicycle at the street address, telephone number, and email address listed below: 
Ant Bicycle Inc. 
1 Broadway 14FL
Cambridge, MA 02142 
E-Mail: service@antbicycle.com

For Riders

Work With Us

About Us

© 2018 by Ant Bicycle Inc. All Rights Reserved.

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Phone: 617-819-5988

Email: service@antbicycle.com

Address: 1 Broadway, Cambridge MA, 02142