Terms of Service

RIDER should CAREFULLY READ all terms and conditions before entering this Agreement.THIS AGREEMENT CONTAINS A RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AND HOLD HARMLESS.BY USING THIS WEBSITE, THE SPOKIES APP OR THE SERVICES YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE SPOKIES APP OR THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY S FROM TIME TO TIME. ALL CHANGES WILL TAKE EFFECT WITHIN 30 DAYS OF POSTING THE UPDATED TERMS TO OUR WEBSITE AND/OR APP. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL INDICATE YOUR ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

1. PURPOSE OF AGREEMENT

This document constitutes the entire Agreement (“Agreement”) between (a) rider (“Rider”) the person agreeing to license and use the rental bike (“Bike”), and The Central Oklahoma Transportation and Parking Authority dba EMBARK (“Spokies”).

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

2.1 RIDER is sole user: SPOKIES expressly agrees to license use of the Bike, and the RIDER expressly accepts the license to use the Bike subject to the terms and conditions set out herein. Spokies and the RIDER are the only parties to this Agreement. The RIDER is the sole licensee and is solely responsible for compliance with all terms and conditions contained herein.2.2 RIDER is 18 or older: RIDER represents and certifies that RIDER is at least 18 years old. SPOKIES is relying on RIDER’s representation. If RIDER intentionally or unintentionally misrepresents his/her age, RIDER accepts full responsibility and is liable for any consequence, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to any such misrepresentation.In order to access the Services, you must be a registered user and download the App on a compatible, camera-enabled, personal mobile device, such as a smartphone or a tablet. You must also agree to be bound by SPOKIES’s Liability Waiver and Release.Account Registration and Credit Card. To register for an account ("Account"), you must provide SPOKIES with your full name, mobile telephone number, and email address. You will also be required to provide SPOKIES and/or its Payment Processors with valid credit card and payment information, including name, credit card number and expiry date, mailing address, email address and telephone number ("Billing Information"). The collection, use and disclosure of any personal information is governed by SPOKIES Privacy Policy.Account Use. You agree that only you, the Account holder, are solely responsible for your Account and all SPOKIES bicycles rented through your Account, including any usage by a third party.2.3 RIDER is a competent bike operator: RIDER represents and certifies that he/she is familiar with the operation of the Bike, and is reasonably competent and physically fit to ride the Bike.2.4 Bike is exclusive property of SPOKIES: RIDER agrees that the Bike and any equipment attached thereto, at all times, remains the exclusive property of SPOKIES. RIDER will not make any modification to the Bike at any time.2.5 Bike Operating Hours and Bike Availability: RIDER agrees and acknowledges that the Bikes are available seasonally, 7 days/week. Bikes must only be used during the maximum time limits set forth in 2.6 below. Bikes are limited and Bike availability at any station is never guaranteed.2.6 MAXIMUM USAGE TIME AND CHARGES: Maximum time for use of the Bike is 24 hours. RIDER agrees that RIDER will return the Bike to a designated SPOKIES Bike Station (geofenced bike rack) or returns and secures within service area within 24 hours of time that usage of the Bike began. RIDER may then checkout the Bike again. RIDER agrees that he/she is solely responsible for being aware of any elapsed time related to the timely return. Bike Usage Charges for a single ride are $1 to unlock and for first 5 minutes of use, $0.15/ minute for each additional minute. Day, monthly, and annual passes receive 1, 30, or 365, 40 minutes of ride time respectively and pay $0.15/ minute for additional minutes. The maximum day charge is $80.50 and is based on a calendar day. Upon return of the bicycle, the rider will be charged the accumulated usage charges, or the maximum day charge; whichever is less. Bikes returned and locked outside of service area will be assessed a $40 out of service retrieval fee. Bikes not returned within 24 hours will be considered stolen, and Rider will be charged $2500. Applicable local and state sales tax of 8.63% included in Rental and Replacement Charges.Fees. Your access to and use of the Services is subject to your payment of the applicable fees due for the Services selected by You ("Fees") and all other applicable amounts, charges and taxes indicated to You when you use the Service.Payment. Unless otherwise stated, all invoiced amounts are due upon receipt and processed immediately using the Billing Information you provided. Receipts for purchased Services will be delivered to You electronically via the App or the email address you provided. You shall: (i) keep the Billing Information, accurate and up to date; otherwise, we may suspend or terminate your use of the Services; (ii) promptly advise SPOKIES and app developer SPOKIES if your Billing Information changes due to loss, theft, cancellation or otherwise; (iii) be liable for Your failure to pay any Fees billed to You by SPOKIES caused by Your failure to provide SPOKIES with up to date Billing Information. To offset its additional processing costs, SPOKIES may charge You for administrative charges as set from time to time for administrative or account activities including: collection efforts due to non-payment or having a balance over Your credit limit; or returned or rejected payments. All administrative charges charged to You will be indicated to You on Your invoice or receipt and You shall pay all such charges.Payment Processor. SPOKIES uses Stripe, a third-party payment processor to process transactions ("Payment Processor"). You authorize your Billing Information to be provided to the third party Payment Processor. You acknowledge and agree that the Privacy Policy and any terms of use of the Payment Processor will govern your interactions with the Payment Processor and that our Terms and policies do not govern. SPOKIES HAS NO LIABILITY ARISING FROM YOUR USE OF OR ACCESS TO THE PAYMENT PROCESSOR. You should review the applicable terms and policies of the Payment Processor, including its Privacy Policy. SPOKIES reserves the right to use other payment processors with notice to you.Network Access. You are responsible for obtaining the data network access necessary to use the Website, App and Services. Your mobile network’s data and messaging fees may apply if you access or use the Services from a wireless-enabled device. You are solely responsible for payment of all fees for such access and use.Pick-Up Procedure. To rent a bicycle using the Services, log in to your Account on the App to find available bicycles nearby. Go to the location of the SPOKIES bicycle you wish to rent. Inspect the bicycle for any damage or defects. Use the App to unlock the bicycle.Rental Period. There is no limit on how far you may travel with the SPOKIES bicycle. You may rent a SPOKIES bicycle for up to 24 hours at a time before you must check it back in by ending your ride (via the "Drop-Off Procedure" explained below). However, you may lock the bicycle without ending your rental period. You agree to pay all Fees for usage as communicated to you when you pick up the bike.Applicable local and state sales tax of 8.63% included in Rental and Replacement Charges.2.7 Bike may be used and/or operated only in the City of Oklahoma City: RIDER agrees to only use, operate and/or ride the Bike in the City of Oklahoma City. RIDER will not, under any circumstances, remove the Bike from the City of Oklahoma City.2.8 RIDER must follow rules of use and/or operation of Bike: RIDER agrees to follow all laws pertaining to the use, riding and/or operation of the Bike, including all state and local laws and the rules and regulations pertaining to bicycles in the City of Oklahoma City.2.9 Bike is intended for only limited types of use: RIDER agrees that he/she will not use the Bike for racing, mountain bike riding, stunt or trick riding. RIDER agrees that he/she will not operate and/or use the Bike on unpaved roads, through water, or in any location that is prohibited, illegal and/or a nuisance to others. RIDER agrees that he/she will not use the Bike for hire or reward.2.10 RIDER’s use of front carrier/basket is limited: RIDER acknowledges that the front carrier/basket of the Bike is intended for light goods only, and that he/she will not carry people or animals in the basket or anywhere on the bicycle.2.11 RIDER must report accident, stolen or lost Bike and RIDER agrees that he/she must immediately report an accident, or a stolen or lost Bike to SPOKIES and Police. RIDER agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Bike.2.12 RIDER responsibility related to Bike use and damage: RIDER agrees to return the BIKE to SPOKIES in the same condition received, ordinary wear and tear expected. RIDER agrees to ensure that the Bike is always locked and secured when unattended. Bikes may be equipped with wire locks; however, SPOKIES will not be responsible for any lost, stolen, destroyed and/or damaged Bike under any circumstances, regardless of whether Bike locks are used or not properly functioning. RIDER agrees to pay for destruction or loss of Bike and for any damage, including replacement parts. (RIDER agrees to pay for any loss even though damage was caused by someone else). All repairs needed as a result of any damage, will be performed at the normal labor rates paid by SPOKIES for repairs. In the event the Bike is lost or damaged beyond repair, regardless of fault or cause, RIDER agrees to pay SPOKIES the full replacement value of the equipment.Drop-Off Procedure. To end your rental, find a secure location to park the bicycle where bicycle parking is permitted. Use the "End Trip" button on the App to lock the bike. Take a picture of the parked and locked/tethered bike and upload it to SPOKIES App. You will receive a rental summary confirming your pick-up location and time, drop-off location and time, and Fees owed for the rental.

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

3.1 Rider understands and acknowledges that there are inherent risks that are hazardous to Rider when Rider uses and operates a Bike, and that these risks may or may not be caused by the negligence of Rider or SPOKIES or of others, or by defective equipment owned, maintained, or controlled by SPOKIES or a third party, and that no amount of care or caution that Rider or SPOKIES may use, and no amount of instruction or expertise on part of SPOKIES, can eliminate these risks. Rider is freely licensing and using a Bike and Rider is aware there is risk and hereby expressly assume all risk associated with licensing, usage and operation of a Bike, whether or not the risk is known or unknown to Rider, as well as the risk of travel to and from the Bike station, and that all of the foregoing risks may result in injury or harm including without limitation personal injury, illness, death or disability; as well as possible damage or destruction or of the Bike or Rider’s personal property.3.2 For and in consideration of the license to use and operate of the Bike, to the fullest extent permitted by law, RIDER irrevocable and forever releases and relinquishes and discharges SPOKIES, Drop Mobility, the City of Oklahoma City, all SPOKIES Sponsors as well as owners of property upon or near which stations are located (“Released Parties”) from any and all claims, liability, cause (s) of action and/or damage or personal injury including wrongful death, of or to RIDER or others (third parties) and injury to the property of others (third parties), which arises out of, results from or relates to this Agreement or the use or operation of the Bike (including usage that is permitted under this Agreement), misuse, maintenance, or design, of the Bike, the SPOKIES program, and/or its website, including any and all claims, liability, cause(s) of action and/or damages related to the sole or partial negligence of Released Parties and/or the negligence of others (third parties). By this agreement Rider covenants (promises) not to sue, and that Rider will not bring, institute, prosecute, or in any way aid in the prosecution of any claim, demand, lawsuit, action, or cause of action against SPOKIES, Drop Mobility, the City of Oklahoma City, all SPOKIES Sponsors and any such claims, rights, and causes of action that RIDER (and RIDER’S legal guardian(s), if applicable) or RIDER’s estate may have, are hereby irrevocably waived, released and relinquished, and RIDER (and guardian(s), if applicable) does(do) so on behalf of RIDER’S heirs, executors, administrators and assigns.3.2 RIDER EXPRESSLY AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS RELEASED PARTIES 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 THE RELEASED PARTIES AND/OR THE NEGLIGENCE OF OTHERS, WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, ACTIVE OR PASSIVE NEGLIGENCE OF EITHER PARTY OR OF A THIRD PARTY, OR ANY OTHER LEGAL THEORY, IN CONSIDERATION FOR USING AND/OR OPERATING THE BIKE.PROHIBITED BEHAVIOURYou must not do any of the following while using the Services:1. Allow any minor to operate a SPOKIES bicycle that is rented under your account;2. Operate a SPOKIES bicycle while distracted, including using a cellphone or other electronic device;3. Operate a SPOKIES bicycle while under the influence of alcohol, drugs or any other substance that would impair your ability to safely operate the bicycle;4. Operate a SPOKIES bicycle with any passengers or second riders;5. Dismantle, take apart, or modify in any way a SPOKIES bicycle;6. Exceed the maximum weight limit for a SPOKIES bicycle if indicated on the bicycle or communicated to you via the App; or7. Engage in any behaviour using the SPOKIES Services or bicycles that is reasonably expected to cause a risk of danger or harm to you, other people or property.Breach of any of the above will result in your immediate termination from the SPOKIES Services.

4.GOVERNING LAW AND LEGAL RIGHTS.

4.1 This Agreement is made and executed in the State of Oklahoma. This Release shall be subject to, and interpreted by and in accordance with, the laws (excluding conflict of law provisions) of the State of Oklahoma. Rider expressly declares that Rider intends for this Agreement to be as broad and inclusive as permitted by the laws of the State of Oklahoma.4.2 Rider expressly recognize, and have had the opportunity, if Rider so desires, to discuss with counsel of Rider’s choosing, that this Agreement and the waiver, release of liability, indemnity and covenant not to sue, and is a contract pursuant to which Rider is giving up important legal rights, and it is Rider’s intention to give up such legal rights.

5. ACCEPTANCE AND AGREEMENT TO BE LEGALLY BOUND.

5.1 RIDER expressly certifies that he/she has carefully read the entire Agreement, and understands its contents. RIDER, understand that this is a contract. Rider understands that that Rider is releasing the Released Parties from liability and that Rider is making a promise not to sue. After careful deliberation, RIDER states that Rider expressly intends to enter into this Agreement, that Rider does so voluntarily and of Rider’s own free will.CONTENT AND INTELLECTUAL PROPERTYEnd User License. Except for User Content (as that term is defined below), the SPOKIES App, Website, and the information and materials that it contains, are the property of SPOKIES, partner SPOKIES, and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms, SPOKIES grants you a non-transferable, non-exclusive, license to (a) use the Website for your use, and (b) download, install and use one copy of the Application on a mobile device that you own or control for your use (the "License"). The SPOKIES App is licensed to you and not sold. Nothing in the Terms gives you a right to use the SPOKIES names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website or SPOKIES App shall be subject to the terms of these Terms.Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by viewers or users whether in forums or otherwise ("User Content"), is the sole responsibility of such viewers or users. This means that the viewer or user, and not SPOKIES, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. SPOKIES does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Services, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will SPOKIES be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Services.Restrictions on User Content and Use of the Services. SPOKIES reserves the right to suspend or cancel your access to and/or use of the Services for any reason or for no reason. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.In using the Website, SPOKIES App and/or Services, you shall not:1. copy any content unless expressly permitted to do so herein;2. upload, post, email, transmit or otherwise make available any material that:● is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;● You do not have a right to make available under any law or under a contractual relationship;● infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);● is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;● contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or● contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;3. impersonate any person or entity or misrepresent their affiliation with a person or entity;4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;5. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;6. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;7. collect or store personal data about other users or viewers;8. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or SPOKIES App;9. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the SPOKIES App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or10. register for the Service on behalf of a group or corporate entity.You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.License of Content. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. SPOKIES will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.Feedback. If You provide SPOKIES with any suggestions, comments or other feedback relating to any aspect of the Website, SPOKIES App and/or Service ("Feedback"), SPOKIES may use such Feedback in the Website or in any other SPOKIES products or services. Accordingly, You agree that: (a) SPOKIES is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to SPOKIES, (c) SPOKIES (including all of its successors and assigns and any successors and assigns) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any SPOKIES products or services and (d) You are not entitled to receive any compensation or re-imbursement of any kind from SPOKIES or any of the other users of the Website in respect of the Feedback.THIRD-PARTY CONTENTAdvertising. You acknowledge and agree that the Website may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that SPOKIES shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.Links & Third-Party Websites. This Website (including User Content) may contain links to other websites that are not owned or controlled by SPOKIES. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by SPOKIES of that third party, third party product or service. SPOKIES is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and/or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website or App of a link to any other website(s) does not imply that SPOKIES endorses or accepts any responsibility for the content or use of such websites, and You hereby release SPOKIES from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.DISCLAIMERSDISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICES, SPOKIES APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." SPOKIES SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. SPOKIES DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY WARRANTIES, CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND SPOKIES SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. SPOKIES WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICES.LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL SPOKIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, SPOKIES APP OR THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR BICYCLES (INCLUDING THIRD-PARTY USE OF YOUR ACCOUNT),(V) ANY MALFUNCTION OF THE APP OR SERVICES, INCLUDING AND CYBER ATTACK; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR SPOKIES APP, OR (VII) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF SPOKIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPOKIES’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY DOLLARS OR (B) AMOUNTS YOU’VE PAID SPOKIES IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND, AND HOLD SPOKIES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH (I) YOUR USE OF THE SERVICES OR ANY THIRD PARTY’S USE OF THE SERVICE OR BICYCLES RENTED UNDER YOUR ACCOUNT; (II) YOUR BREACH OF ANY OF THESE TERMS; OR (III) ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICES.Termination. SPOKIES may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with SPOKIES (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to SPOKIES), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website. You acknowledge and agree that all terminations may be made by SPOKIES in its sole discretion and that SPOKIES shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these terms of use by SPOKIES shall be in addition to any and all other rights and remedies that SPOKIES may have.Availability & Updates. SPOKIES may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website, Services and/or SPOKIES App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. SPOKIES may periodically add or update the information and materials on this Website without notice.Security. Information sent or received over the Internet is generally unsecure and SPOKIES cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Services and you are responsible for any activities or actions under your password. You agree to keep your password secure. SPOKIES will not be liable for any loss or damage arising from your failure to comply with these requirements.General. These Terms of Use, together with any privacy policy that may be published on the Website and the Liability and Waiver Release, constitutes the entire agreement between the parties relating to the Website and Services and all related activities. These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by SPOKIES. These Terms of Use shall be governed by the laws in effect in the Oklahoma City, Oklahoma without giving effect to any principles of conflict of law. The courts of Oklahoma shall have exclusive jurisdiction over any disputes arising out of these Terms. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of SPOKIES to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by SPOKIES must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without SPOKIES’s prior written consent.Language: The parties have expressly requested and required that this agreement and all other related documents be drawn up in the English language.If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the SPOKIES App or Services, please contact us at: support@bikespokies.comSPOKIES PRIVACY POLICYThe Central Oklahoma Transportation and Parking Authority dba EMBARK (“SPOKIES”), is committed to protecting your privacy. SPOKIES makes available the SPOKIES website located at, https://spokiesokc.com including all subpages and successor pages (together the “Website”), the SPOKIES application (“App”) as well as our bike rental services (“Services”). This Privacy Policy describes how SPOKIES collect, Use and disclose information about our Users through the Website, App and Services.Consent: By Using the Website, the App or our Services, you consent to the collection, Use and disclosure of your Personal Information as described in this Privacy Policy. Except as set forth in this Privacy Policy, your Personal Information will not be Used for any other purpose without your consent. You may withdraw your consent to our processing of your Personal Information at any time. However, withdrawing consent may result in your inability to continue Using the Website, App and/or the Services.Collection of InformationSPOKIES aim to collect, Use and disclose only Personal Information as is required to enable SPOKIES to manage your Account, to provide the Services, to maintain our customer/visitor lists, to process payment transactions, to respond to your inquiries or provide feedback, for identification and authentication purposes and for service improvement. SPOKIES may collect Personal Information when you register for an account on the Website, App and/or Services, when you Use the SPOKIES rental Services, during communications with you and/or when you make payments through the Services, through User support, and/or by way of User surveys.Two types of information may be collected through the Website, App and our Services: Personal Information and Non-Personal Information. This Privacy Policy does not extend to the collection, Use or disclosure of Non-Personal Information (as defined further below)."Personal Information" is any information about an identifiable individual, such as your name, telephone number, e-mail address and GPS location. At the time of collection, SPOKIES will clearly identify the information being collected and the purposes for which it will be Used. It is always your choice whether or not to provide Personal Information; However, your choice not to provide certain other Personal Information may mean that you will not be able to Use certain features of the Website, App and Services."Non-Personal Information" is information of an anonymous nature that is not linked to an individual, including aggregate statistical information, such as average age or geographical allocation of our Users, number of visitors, Webpages accessed, and average time spent on the Website, App and/or Services. Business contact information such as the name, title, Business address, e-mail address, or telephone number of a Business or professional person or an employee of an organization is generally not considered Personal Information under applicable privacy laws.Non-Personal Information is collected or derived by SPOKIES in the course of operating this Website, App and the Services.Use of InformationSPOKIES collect information for the following purposes:● Registration and Account Administration: To create an Account for accessing the Service, you must provide certain Personal Information to SPOKIES, including your full name, mobile phone number, and email address. SPOKIES require this information to administer your account. You will also have the option of providing other Personal Information to personalize your account, such as a profile picture and your settings preferences.● SPOKIES Rental Service: When you are searching for an available bicycle in your area, SPOKIES collects and Uses your GPS location to show you bicycles available nearby. SPOKIES also collects your GPS location from your mobile device any time you pick-up a bicycle rental as Well as when you drop off the bicycle rental. This information is Used to keep track of bicycle inventory and locations.● Payment Processing: SPOKIES Uses Stripe, a third-party payment processor to process payment transactions (“Payment Processor”). All Users are required to provide valid credit card and billing information (“Billing Information”) to the Payment Processor when making purchases through the SPOKIES Service. The collection, Use and disclosure of all personal information by the Payment Processor is governed by the Payment Processor’s Privacy Policy which can be found at https://stripe.com/privacy. SPOKIES does not collect this Billing Information. However, SPOKIES will be able to view and Use the last four digits of your credit card as Well as your postal code of your billing address for User identification and authentication purposes.● Statistics: SPOKIES also collect statistics about Use of our Services, such as geographic location of Users and User demographics. This information will be kept confidential, However, aggregate statistics that do not personally identify an individual will be kept by SPOKIES and such aggregate statistics may be made available to third parties.● System Logs & Cookies: SPOKIES may Use cookies to track content Usage and traffic on the Website, App and/or Services. A cookie is a feature of your web browser that consists of a text file that is placed on your hard disk by a web server. The Website, App and Services may Use cookies to help it compile aggregate statistics about Usage of this Website, App and/or Services, such as how many Users visit the Website, App and/or Services, how long Users spend viewing the Website, App and/or Services, and what pages are viewed most often. This information is Used to improve the content of the Website, App and/or Services. You can set your browser to notify you when you are sent a cookie. This gives you the chance to decide whether or not to accept it. If you disable cookies, you may not be able to take advantage of all the features of the Website, App and/or Services. SPOKIES do not link any of the information SPOKIES Use in cookies to any Personal Information submitted by you when you are on the Website, App and/or Using the Services.If SPOKIES plan to Use your Personal Information in the future for any other purposes not identified above, SPOKIES will only do so after informing you by updating this Privacy Policy. See further the section of this Privacy Policy entitled ‘Amendment of this Policy’.Disclosures & TransfersSPOKIES will not disclose or transfer your Personal Information to third parties without your permission, except as specified in this Privacy Policy (see further Important Exceptions below).From time to time SPOKIES may employ third parties to help SPOKIES improve or otherwise make available features on the Website, App and/or the Services, whether through the provision of maintenance services, database management, Web analytics or otherwise. SPOKIES may provide Personal Information collected from you to its service providers as necessary to enable the service provider to perform its obligations to SPOKIES. They will be subject to contractual restrictions prohibiting them from Using or disclosing any Personal Information for any other purpose.Our servers are located in the United States (although this location may change from time to time) and accordingly your Personal Information may be available to the U.S. government or its agencies under a lawful order, irrespective of the safeguards SPOKIES have put in place for the protection of your Personal Information. By Using our Website, App or Services, you consent to the hosting of your Personal Information in the United States. SPOKIES reserve the right to store and process Personal Information outside of the United States, and will Use commercially reasonable efforts to provide you with at least 30 days’ notice of any such changes in the processing location.Important ExceptionsSPOKIES may disclose your Personal Information to third parties without your consent, where permitted or required by law, for example if SPOKIES have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Users, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. SPOKIES may disclose Personal Information when SPOKIES believe in good faith that such disclosure is required by and/or in accordance with the law.SecurityThe security of your Personal Information is important to SPOKIES. SPOKIES Use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. SPOKIES take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to SPOKIES. SPOKIES have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff or other permitted persons or companies as are reasonably necessary to carry out the stated purposes SPOKIES have communicated to you.RetentionSPOKIES will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. SPOKIES may retain certain data as necessary to prevent fraud or future abuse, or for legitimate Business purposes, such as analysis of aggregated, Non-personal Information, Account recovery, or if otherwise required by law. All retained Personal Information will remain subject to the terms of this Privacy Policy.Amendment of this PolicySPOKIES reserve the right to change this Privacy Policy at any time. If SPOKIES decide to change this Privacy Policy in the future, SPOKIES will post an appropriate notice on our Webpage at https://dropmobility.com/privacy. Any changes will become effective 30 days from their posting on the Website, App or Services. The date on which the latest update was made is indicated at the bottom of this document. Your continued Use of the Website, App and/or Services signifies your acceptance of any changes.Access and AccuracyYou have the right to access the Personal Information SPOKIES hold about you in order to verify the Personal Information SPOKIES have collected in respect of you and to have a general account of our Uses of that Personal Information. Upon receipt of your written request, SPOKIES will provide you with a copy of your Personal Information although in certain limited circumstances, SPOKIES may not be able to make all relevant Personal Information available to you such as where that information also pertains to another individual or as otherwise required or permitted by law. In such circumstances SPOKIES will provide reasons for the denial to you upon request. SPOKIES will endeavor to deal with all requests for access and modifications in a timely manner.SPOKIES will make every reasonable effort to keep your Personal Information accurate and up to date, and SPOKIES will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. This amended Personal Information may be transmitted to those parties to which SPOKIES are permitted to disclose your information. Having accurate Personal Information about you enables SPOKIES to give you the best possible service.Contact SPOKIESYou can help by keeping SPOKIES informed of any changes to your Personal Information. If you would like to access your information, have any questions, concerns, comments or suggestions, or if you find any errors in our information about you, please contact our Privacy Officer via email at support@bikespokies.com or by mail at 2000 S May Oklahoma City, OK 73108.