Terms

TERMS OF SERVICE

BY USING OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY ALL THE TERMS AND CONDITIONS STATED HEREIN, INCLUDING ANY CLAUSES OR TERMS INCORPORATED BY REFERENCE OR OTHERWISE.

PLEASE READ THE PROVISIONS OF THIS AGREEMENT CAREFULLY.

THIS AGREEMENT CONTAINS TERMS THAT LIMIT YOUR LEGAL RIGHTS AND REMEDIES, INCLUDING, WITHOUT LIMITATION, RELEASES, DISCLAIMERS, ASSUMPTION-OF-RISK PROVISIONS, A BINDING ARBITRATION AGREEMENT, AND A WAIVER OF CLASS ACTION RIGHTS. WITH LIMITED EXCEPTION SET FORTH BELOW, BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. BY AGREEING TO WAIVE CLASS ACTION RIGHTS, EACH PARTY AGREES THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION.

YOU ACKNOWLEDGE THAT BY USING OUR SERVICES YOU ARE VOLUNTARILY AND KNOWINGLY ENGAGING IN AN INHERENTLY DANGEROUS ACTIVITY THAT MAY RESULT IN PROPERTY DAMAGE, OR INJURY TO YOURSELF OR OTHERS, UP TO AND INCLUDING DEATH. AS SET FORTH IN GREATER DETAIL BELOW, YOU UNDERSTAND AND AGREE YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF OUR SERVICES.

ONLY USE OUR SERVICES IF YOU AGREE TO THE TERMS OF THIS AGREEMENT AND THE CONDITIONS OF USE STATED HEREIN, INCLUDING, WITHOUT LIMITATION, THE ASSUMPTION-OF-RISK, ARBITRATION, AND CLASS ACTION WAIVER PROVISIONS. WE RESERVE THE RIGHT, WITHOUT NOTICE TO YOU, TO MODIFY OR AMEND THE TERMS OF THIS AGREEMENT FROM TIME TO TIME. YOUR CONTINUED USE OF OUR SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, CHANGES TO OUR TERMS OF USE WILL NOT APPLY RETROACTIVELY.

YOU MAY BE REQUIRED TO EXECUTE ADDITIONAL RELEASES OR WAIVERS OF LIABILITY, AND AGREE TO ADDITIONAL TERMS, RULES, OR POLICIES BEFORE USE OF CERTAIN OF OUR SERVICES. ANY SUCH RELEASES, WAIVERS, TERMS, RULES, OR POLICIES ARE HERBY INCORPORATED BY REFERENCE INTO THIS AGREEMENT.

PRELIMINARY MATERS.

1.1 User of Services. You (also referred to as “Your,” “Rider,” or “User”) are the User of Services and You voluntarily agree to be legally bound by the terms of this Agreement. You entered into this agreement, with consideration, and without duress or undue influence on the part of any third party, including, without limitation, Bogo.

1.2 Provider of Services. Bogo (“Us,” “Our,” or “We”) agrees to provide You with Services, including without limitation, rental of Our Products under the terms of this Agreement. All of the Services, Products, and related equipment are provided “as is”, “as available” and “with all faults,” and you rely on them solely at your own risk.

1.3 Agreement. The terms contained herein with all updates, supplements, additional terms, and all of Our rules and policies collectively constitute this “Agreement” between You and Us. You and Bogo collectively constitute the “Parties” to this Agreement.

1.4 Contract Interpretation.

(a) To the extent permitted by law, You agree to waive, and You hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.

(b) Unless otherwise expressly provided in a particular clause, or if required by context: the singular number includes the plural number, and the plural includes the singular; the present tense includes the future tense; and, use of a masculine or feminine noun or pronoun is deemed to incorporated the non-specified gender and neuter noun or pronoun, and does not exclude a person who identifies as the other gender or as non-binary.

(d) “Including” means “including, without limitation.” Any lists provided herein are illustrative examples and are not intended as inclusive or closed, unless specified as such.

(e) The headings in this Agreement do not affect the interpretation of this Agreement.

1.5 Services. Our Services are comprised of:

(a) Single-rider electric ride-share scooters (“Bogo”), patent-pending double-rider electric ride-share scooters (“Bogo Tandem”), and any other ride-share modes of transportation made available by Us (collectively referred to as “Products” or “Product”);

(c) Any related equipment, maintenance, charging, personnel, mobile applications, websites, other software or User interfaces, and information provided or made available by Us.

1.6 Currency. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in U.S. dollars.

1.7 Limitations on Use of Our Services. Bogo is not a common carrier. You acknowledge and expressly agree that alternative means of public and private transportation are available to the general public and to You individually. Our Services, including without limitation, the Products are provided only as a convenience, and are intended to be used only by persons who are able and qualified to use Our Services, including any operation of the Products, on their own and who have agreed to all terms and conditions of this Agreement.

1.7 Additional Terms. Additional Terms, including, without limitation, different rules or policies, may be applicable to Your use of certain of Our Services. Any such Additional Terms are herby incorporated by reference into this agreement. If this agreement is not silent on an a specific Additional Term, to the extent there is a conflict between this Agreement and any Additional Terms, this Agreement will control unless the Additional Terms expressly state otherwise.

1.8 Choice of Law and Forum. Except where binding arbitration is required or with respect to the enforcement of any arbitration decision or award, this Agreement and any Additional Terms will be governed by and construed in accordance with the laws of the State of Nevada. Any Dispute and Excluded Dispute, as defined pursuant to Section 5, not subject to binding arbitration will be resolved in accordance with the laws of the State of Nevada, without regard to its conflicts of law provisions. In any such Disputes and Excluded Disputes not subject to binding arbitration, You and Bogo agree to the jurisdiction of the District Courts of the State of Nevada and knowingly consent and agree to the District Courts of the State of Nevada having personal jurisdiction over each party. Venue, unless otherwise agreed by the parties, must be in the Eight Judicial District of the District Courts of the State of Nevada. You agree to accept service by process of mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

1.9 Update of Terms of Agreement. Each time You use the Services You are entering into a new agreement with Us on the then applicable terms and conditions. We reserve the right, without notice to You, to modify or amend the terms of this Agreement from time to time. Your continued use of Our Services following the posting or any reasonable publication of changes to these terms will mean You accept those changes. Unless We provide You with specific notice, changes to Our terms of use will not apply retroactively. You can reject any new, revised or Additional Terms by discontinuing use of Our Services and related services, and terminating Your User Account.

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

1.11 Survival After Termination. The provisions of this Agreement and any Additional Terms that by their nature should survive Your discontinued use of Our Services, or the closure, suspension, or termination for any reason of Your User Account will survive for a period of ten years, including the rights and licenses You grant to Us in this Agreement, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

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

1.13 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 notice to You or Your consent, We may unilaterally amend, modify, or change this Agreement. By continuing to use Our Services, You agree to be bound by this Agreement in its most current form.

RENTAL AND USE OF PRODUCTS.

2.1. You Are at least 18 Years of Age. You represent and certify that You are at least 18 years old.

2.2 You Are a Licensed Driver. You represent and certify that You have a current, valid motor vehicle driver’s license from a competent jurisdiction.

2.3 You Have a Valid Bogo User Account. To access Services, You must create a User Account on Our websites, applications, or other User interfaces provided by Us. In establishing such an Account, You herein certify that You have provided or will provide true, accurate, and current information, as prompted—including, without limitation, Your full legal name, physical address, phone number, email address, and payment information, including, without limitation, a valid form of payment, such as Your billing address and an active credit or debit card number, expiration date, and card security code. You agree and certify You have maintained or will maintain and promptly update Your User Account to ensure the information is at all times true, accurate, current, and complete.

(a) You agree to be bound by any Additional Terms associated with the opening or maintenance of a User Account, and any such Additional Terms are herein incorporated by reference.

(b) You agree to pre-pay through Your User Account, as detailed below in Section 4, for any fees associated with Your use of Our Services, including, without limitation, activation, rental, and operation of any Products. You agree to permit Us to charge the payment method provided by You in Your User Account for any Non-Pre-Paid Charge, including without limitation, any fees, fines, or other charges associated with Your use of Our Service, including those detailed below in Section 4.

(c) You verify and certify You are the current subscriber or owner of any email address, telephone number, mobile phone number, or other contact information You provide to Us. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. You acknowledge that telephone calls or other communications to or from Us may be monitored and recorded, and You knowingly agree to such monitoring and recording. By voluntarily providing Your contact information, You expressly agree to be contact by Us and to receive emails, voice, and text messages, including, without limitation, automated bulk communication emails, calls, and text messages related to Our Services, Your User Account, or Your use of Our Services. You may “opt-out” of automated bulk communications by sending written notice to: “Bogo Opt Out” optout@bogo.us Please allow up to 30 days for Your request to process.

(d) Unless You expressly “opt-out” of communications from Us as described above, or by following the instructions in an email, call, or text message received from Us, You may receive marketing calls or text messages even if Your telephone number is registered on any state or federal Do Not Call list. You acknowledge You may incur a charge for calls or text messages by Your telephone carrier and We are not responsible for any such charges. You agree to indemnify, defend, and hold Us harmless from and against any and all claims, including, without limitation, losses, liability, costs, and expenses arising from failure to update Your contact information, Your voluntary provision of a telephone number that is not Your own, or from Your violation of any federal, state, or local law, regulation, or ordinance, including, without limitation, the Telephone Consumer Protection Act (“TCPA”).

(e) Failure to maintain current, accurate, and complete information in Your User Account, for any reason, may at Our sole and absolute discretion result in suspension or termination of Your User Account without notice. Upon Suspension or termination of Your User Account all current and future use of Our Services will be refused, until such time as the account is brought into good standing. The standing of Your User Account is a determination made by Us at Our sole and absolute discretion.

(f) You are solely responsible for the security and confidentiality of Your User Account information and password. You may not share Your User Account information, including without limitation, your password. You are responsible for all activity posted to Your User Account. You must immediately notify Us of any breach of Your User Account, or any unauthorized use of Your User Account, of which You become aware.

(g) Information in Your User Account is subject to Our, Privacy Policy (available at bogo.us/privacy), which is herein incorporated by reference. Pursuant to Our Privacy Policy, we have the right to share Your User Account information and related records under certain circumstance, including, without limitation, in response to a lawful process, order, or warrant.

(h) By using our Services, You knowingly, voluntarily, expressly, and irrevocably grant Us and Our affiliates, successors, and assigns unrestricted for promotional and commercial purposes and worldwide distribution, royalty free and without additional fees or remuneration, use of Your likeness—including, without limitation, Your appearance and voice in all media, such as, physical or digital photographs, video recordings, and audio recordings—that We or any third party capture at any time after Your activation of Our Services or during Your use of the Products; or, that You upload to Our websites, mobile applications, other software or other User interfaces, or otherwise provide to Us. You acknowledge and agree You have received from Us good and valuable consideration in return and You waive, release, and discharge Us from all claims 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 media and Your applicable likeness.

(i) Subject to Your strict compliance with this Agreement and any Additional Terms, We grant You a limited, revocable, non-exclusive, non-assignable, non-transferable license to download, display, view, and use in its intended way Our Services—excluding any source, object, or other programming code in raw form or otherwise—on a personal computer, mobile phone or other access device for Your personal non-commercial use only. You understand and acknowledge You have no right to resell, repost, reuse, distribute, derive works from, data mine, extract or otherwise manipulate Our Services. Our Services may feature or display “Content,” including, without limitation, text, video, audio, music, sounds, graphics, photographs, images, moving images, and illustrations. Any such Content is owned by Us, our licensors, vendors, agents or Content providers. All Content and the general design of Our Services, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. You expressly agree to use Our Services only for the intended purpose for which such Services is being made available.

(j) We at Our sole and absolute discretion may terminate Your User Account at any time for any reason or for no reason and without notice. Unless circumstances prohibit, any pre-paid balance remaining in Your User Account will be refunded to the form of payment associated with Your User Account at the time of termination, regardless of the original source of the funds. We at Our sole and absolute discretion may refuse to reestablish any terminated User Account for any reason or for no reason.

2.4 You Are the Sole User of Services. You certify and expressly agree that You and ONLY You will rent, activate, move, operate, drive, or otherwise control or use Our Services, including, without limitation, Our Products, through Your User Account. You must not allow others to move, use, drive, operate, or otherwise control Our Products that You rent or activate. You are responsible for compliance with all terms and conditions contained in this Agreement. OPERATION OF OUR PRODUCTS BY ANY MINOR IS EXPRESSLY PROHIBITED.

IF YOU ALLOW ANOTHER TO USE ANY OF OUR SERVICES, INCLUDING OPERATION OF OUR PRODUCTS, YOU SHALL BE RESPONSIBLE FOR ANY AND ALL CONSEQUENCES OF ANY KIND OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN, INCLUDING WITHOUT LIMITATION, ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, MISUSE, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS OR DISBURSEMENTS.

2.5 You Are an Able User of Services. You represent and certify that You are familiar with the operation of Our Products. You acknowledge and understand that the instructional videos and “how to” articles provided by Us, and available on Our mobile applications, websites, other software or User interfaces, are intended for informational purposes only and do not guarantee or warrant any level of competence in Your use of Our Services, including the Products. You further represent and certify:

(a) You ASSUME ALL RISK AND RESPONSIBILITY, as detailed further below, for any damages, injuries, or medical conditions associated with Your choice to use Our Services.

(b) You are reasonably competent and physically fit to use Our Services, including the Products. You have no physical or mental conditions that limit Your ability to competently and safely operate the Products. You expressly agree to never exceed the weight limitation of the Products.

(c) You are reasonably capable of, and solely responsible for, determining if conditions, including, without limitation, traffic and whether conditions, require You to cease or modify Your use of the Products. Weather conditions including, without limitation, rain, snow, ice, hail, or electric storms may determinately affect road conditions or other drivers, and may cause continued use of the Products to be unsafe. You are advised to adjust Your riding behavior and braking distance to suit all conditions and variables, including weather and traffic. You should never exceed the speed or weight limitations of the Products.

(d) You acknowledge and understand, the Products are intended for only limited types of use. You agree to use the Products in accordance with all laws, rules, regulations, or ordinances. You will use the Products only where permitted and will never use the Products: on unpaved surfaces; for racing, mountain riding, stunts, or trick riding; through standing or moving water, beyond normal urban riding conditions; in a way that is a nuisance to others; or, for hire or reward.

(e) You understand and agree that We do not provide or maintain places to use or operate the Products, and We do not guarantee there will always be a safe place to ride any particular Product. You are solely responsible for choosing a responsible and safe route on which to use and operate the Products.

(f) You expressly agree You will only use the Products in areas, including, without limitations, municipalities, where use of the Products are permitted. You assume all responsibility and liability for operation of Products in any restricted area of any Products rented or activated with Your User Account, including, without limitation, any fines or fees assessed as a result of the use of the Products in any restricted areas. Not withstanding any other fines or fees, We reserve the right to charge You up to $100, in Our sole and absolute discretion, if You use or operate, or cause or allow to be used or operated, any of the Products in any restricted area.

(g) When using any of the Products, You agree at all times to wear any gear necessary to ensure Your safety, including, without limitation, a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions— whether or not such gear is required by law. You expressly understand and agree that it is solely Your responsibility to determine whether You are required to wear any safety gear while using the Products in any particular jurisdiction. Whether required or not, if You fail to wear any gear necessary to ensure Your safety, You do so at Your own risk.

2.6 Passengers May Not Operate the Products. Bogo Tandem, and other Products that may be included in Our Services, are designed for operation by a User accompanied by one or more passengers. PASSENGERS ARE PROHIBITED FROM OPERATING THE PRODUCTS. You are responsible for compliance with all terms and conditions contained in this Agreement.

(a) You certify and expressly agree that You and ONLY You will rent, activate, move, operate, drive, or otherwise control or use Our Services through Your User Account, including, without limitation, the Products. You must not allow passengers to move, use, drive, operate, or otherwise control the Products that You rent or activate.

(b) You ASSUME ALL RISK AND RESPONSIBILITY, as detailed further below, for any damages, injuries, or medical conditions associated with Your choice to use Our Services with or without passengers, and Your choice to carry any particular passenger.

(c) You expressly agree to never exceed the maximum number of allowable passengers for any of the Products. Our patent-pending double-rider electric ride-share Bogo Tandem scooters are limited to maximum of YOU AND ONE (1) PASSENGER.

(d) All passengers must be of sufficient age, height, and physical fitness to competently and safely accompany You. You are solely responsible for ensuring any passenger is reasonably familiar the Products and how to safely accompany You, including, without limitation how to stand, hold the hand grips, and balance during operation.

(e) You are reasonably capable of, and solely responsible for, determining if conditions, including, without limitation, traffic and whether conditions, require You to cease carrying a passenger. You are at all times solely responsible for the safety of any passenger.

(f) When using any of the Products, You agree at all times that passengers will wear any gear necessary to ensure passenger safety, including, without limitation, a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions—whether or not such gear is required by law. You expressly understand and agree that it is solely Your responsibility to determine whether a passenger is required to wear any safety gear while accompanying You during Your use of the Products in any particular jurisdiction. Whether required or not, if you fail to require a passenger to wear any gear necessary to ensure his or her safety, You do so at Your own risk, and at Your risk for the safety of the passenger.

2.7 Services Are Our Exclusive Property. You agree that Our Services, including, without limitation the Products, and any related equipment, whether or not attached thereto, at all times remain the exclusive property of Bogo. You must not vandalize, dismantle, write on, peel, repair or deface, or otherwise modify any of the Products, or any part of any of the Products, or any other related equipment, software, or user interface, whether or not attached thereto, in any way. You must not use Our Services, including without limitation, the Products for advertising or commercial purpose.

2.8 Your Compliance with All Laws. You agree to abide by all laws, rules, regulations, or ordinances pertaining to use of Our Services including, without limitation, renting, riding, operating, carrying of passengers, and parking of the Products. You are responsible for knowing and understanding the applicable laws, rules, regulations, and ordinances, including, without limitation, those specific to the Products and the area where You are operating the Products, such as helmet, traffic, passenger, and safety laws.

2.9 Reporting of Harmful Incidents. You expressly agree to report to Us, as soon as safely possible, but no later than 48 hours from the time of the incident, any harmful incident involving use of Our Services, including without limitation, any accident, crash, damage, vandalism, personal injury, any stolen or lost Products, or any suspected loss or compromise of Your data or Our systems.

(a) Initial incident reports must be made via telephone, by calling 866-391-4896 and answering all questions as prompted.

(b) If an incident involves personal injury, property damage, or a stolen Product, you shall file a report with the local police department within twenty-four (24) hours of the incident. A complete copy of the police report must be furnished to Us by U.S. mail, or as an electronic file via email, following Your initial incident report to Us.

(c) You expressly agree to cooperate with any investigation or follow-up made by Us, the police, or other agency that is necessary to understand and resolve any incident, and to ensure full recovery of any losses incurred by Bogo, notwithstanding section 2.10 below.

(d) We expressly reserve the right to involve and cooperate with law enforcement authorities in investigating suspected breaches of this Agreement; suspected breaches of Our Services’ security or information technology or other systems or networks; and, prosecute violators of this Agreement, including any Additional Terms.

2.10 You Are Responsible for Damage. You agree to return the Products to Us in the substantially same condition in which any Product was rented or activated.

(a) You agree that You are responsible for all damage beyond normal wear and tear caused to any Product while said Product is rented or activated through Your User Account, or under Your control or operation.

(b) You agree to pay to Us the cost of either replacement or repair, at Our sole and absolute discretion, for the Products rented or activated through Your User Account that is damaged beyond normal wear and tear.

(c) You expressly acknowledge that You shall be liable for the full value—up to $5,000—for each Product rented or activated through Your User Account, in Bogo’s sole and absolute discretion.

2.11 Reporting lost or stolen Products. Pursuant to section 2.9, You agree to report any loss, theft, or other disappearance of any Product.

(a) You acknowledge and understand if the Products You activate or rent is not locked at the termination of Your use said Products remain Your responsibility and, unless the Product is reported as lost or stolen pursuant to section 2.9, fees will continued to be assessed against Your User Account.

(b) Any Product not locked or otherwise returned to Us within 48 consecutive hours of Your activation or initiation of use may at Our sole and absolute discretion be deemed lost or stolen, and a police report may be filed against You.

2.12 Services, including Products and Related Equipment, Are Provided “As Is” and “As Available.” We do not guarantee availability of the Products at any time for any reason.

(a) You agree and acknowledge that Our Services, including the Products, may not be available at all times. You are solely responsible for monitoring events and circumstances that may impact the Products availability. You assume sole responsibility for any damages, including without limitation, monetary losses, incurred due to the unavailability of the Products.

(b) You expressly acknowledge the Products require periodic charging of batteries in order to activate and operate. Only an authorized Bogo representative may charge or otherwise adjust the battery of any of the Products. You expressly agree NOT TO ATTEMPT TO CHARGE, CHARGE, OR TAMPER WITH THE BATTERY OF ANY OF THE PRODUCTS.

(c) The level of battery charge in any of the Products at the time You activate or rent the Product is not guaranteed and will vary with each use. You acknowledge that battery charge will be lost and power will decrease during Your operation of the Products. You understand the rate of loss of battery charge will vary. You understand and acknowledge the speed and operational capabilities of the Products may be negatively affected by the loss or decrease in battery charge.

(d) It is Your sole responsibility to check the level of battery charge in any Product rented or activated through Your User Account to ensure that it is adequate for Your intended use before initiating operation.

(e) You understand that Your continual use of the Product without battery charging may result in total cessation of Product operation. We do not guarantee the distance or time that any Product will travel or operate before it loses all battery charge or otherwise ceases operation. Products may run out of battery charge or cease to operate at any time during Your rental and operation, including before You reach Your intended destination.

2.13 Third Party Links and Transactions. From time to time, Our Services may involve additional features, including, without limitation, mapping or location services, retail opportunities, and social media, provided through third party operators not owned or otherwise associated with Us. In the event that We include a link to third party websites, software, or content, such links are provided solely as a convenience to You. Use of such links is solely at Your own risk. Once You will leave Our Services, neither We nor any of our respective affiliates guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that You may obtain from using any other websites. If You chose to view third party content or conduct any transaction with a third party linked to Our Services, You are bound by that party’s terms and conditions, in addition to remaining bound by this Agreement. When there is a conflict between this Agreement and the third party’s agreement this Agreement will prevail.

(a) We may act as a “services provider,” as defined by Digital Millennium Copyright Act (“DMCA”), and offer services as an online provider of materials and links to third party websites. As a result, third party materials that We do not own or control may be transmitted, stored, accessed or otherwise made available using Our Services. We have a policy of immediate removal of any content and suspension of any user found to infringe on another’s rights, or to be in violation intellectual property laws or regulations, or this Agreement.

(b) If You believe any material available on Our Services infringe a copyright, You should notify Us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Section 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer. Our designated agent for notice to whom You should address infringement concerns under the DMCA is copyright@bogo.us

2.14 Pre-Ride Checklist and Continued Safety Monitoring. Before each use of the Products, You agree to inspect the Products and to look for any obvious dangers. YOU EXPRESSLY AGREE NOT USE AT ANY TIME ANY OF THE PRODUCTS THAT HAVE ANY SIGN OF DISREPAIR, DAMAGE, EXCESSIVE WEAR, OR ANY OTHER IDENTIFIABLE PROBLEM OR UNSAFE CONDITION.

(a) At minimum each pre-ride inspection must include a visual review of the following parts or systems, if provided on the Product: wheels, lights, breaks, seats, hand grips, and frame. You also agree to check the sufficiency of the battery charge.

(b) You expressly agree to ceases operation of any Product as soon as safely possible if at any time after You have activated any Product You discover any defect or potentially unsafe condition, no matter how slight.

(c) You agree to notify Us as soon as safely possible of any Products You identify as not in appropriate condition for immediate use.

2.15 California Consumer Rights. Residents of California may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.

2.16 You Assume All Liability for You and Any Passenger.

YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ALL CONSEQUENCES, INCLUDING, WITHOUT LIMITATION, ANY MISUSE, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, LOSS OF LIFE, FEES, COSTS, EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS, OR DISBURSEMENTS, OF ANY KIND OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN, AS A RESULT OF YOUR USE OF ANY OF OUR SERVICES.

PROHIBITED ACTS.

3.1 YOU EXPRESSLY CERTIFY AND AGREE THAT YOU WILL NOT:

(a) Operate any Product in violation of any laws, rules, regulations, or ordinances, including, without limitation, any and all rules pertaining to safety, using Products on sidewalks, or parking Products.

(b) Carry on the Products or on Your person during Your use of the Products any object, including without limitation, a briefcase, backpack, bag, or other item, if it impedes Your ability to safely operate the Products.

(c) Use any cellular telephone, text messaging device, portable music player, or any other internet capable, personal computing, or electronic device that may distract You from safely operating the Products.

(d) Operate any of the Products while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to safely operate the Products.

(e) Carry more than the maximum allowable number of passenger on any of the Products, which you expressly acknowledge is ZERO for Our Single-rider electric ride-share Bogo scooters.

(f) Use locks or locking mechanisms to secure the Products other than those provided by Us.

(g) Park or use any of the Products in a manner that does not strictly comply with all applicable laws, rules, regulations, or ordinances. You expressly agree that You are responsible for knowing, understanding, and complying with any and all laws, rules, regulations, or ordinances applicable to the location in which You are operating any Product.

(h) Locate, leave, park, or place any Product in a manner or location that prevents Us from accessing or recovering it. Violation of this Section, may result in a charge to Your User Account of up to $450, in Our sole and absolute discretion.

(i) Exceed the maximum weight limit for any product. You expressly acknowledge 100 kilograms or 220 pounds is the maximum total weight allowable on Our Single-rider electric ride-share Bogo scooters, and 150 kilograms or 330 pounds is the maximum total weight allowable on Our patent-pending double-rider electric ride-share Bogo Tandem scooters.

(j) Tamper with, attempt to gain unauthorized access to, or otherwise use any of Our Services in a manner that does not comply with this Agreement.

3.2 ADDITIONALLY, YOU EXPRESSLY CERTIFY AND AGREE THAT WHILE USING THE PRODUCTS ACCOMPANIED BY A PASSENGER YOU ALSO WILL NOT:

(a) Allow any passenger to move, use, drive, operate, or otherwise control the Products that You rent or activate.

(b) Operate any of the Products in violation of any laws, rules, regulations, or ordinances, including, without limitation, any and all rules pertaining to loading, carrying, or disembarking passengers.

(c) Permit any passenger to carry on the Products or on his or her person during Your use of the Products any object, including without limitation, a briefcase, backpack, bag, or other item, if it impedes Your ability to safely operate the Product or impedes Your passenger from safely accompanying You.

(d) Permit any passenger to use any cellular telephone, text messaging device, portable music player, or any other internet capable, personal computing, or electronic device that may distract You from safely operating the Product or distract Your passenger from safely accompanying You.

(e) Operate any of the Products while an accompanying passenger is under the influence of any alcohol, drugs, medication, or other substance if it may impair Your ability to safely operate the Products or impairs Your passenger’s ability to safely accompany You.

(f) Carry more than the maximum allowable number of passenger on any of the Products, which you expressly acknowledge is ONE (1) for Our patent-pending double-rider electric ride-share Bogo Tandem scooters.

3.3 YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY VIOLATION OF ANY LAWS, RULES, REGULATIONS, OR ORDINANCES WHILE USING THE SERVICES, INCLUDING IMPROPER OR UNSAFE RIDING OR PARKING. YOU AGREE YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY AND ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS, FEES, INCLUDING, WITHOUT LIMITATION, IMPOUNDING FEES CHARGED BY ANY LOCAL GOVERNMENT, AND DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN, AS A RESULT OF USING ANY OF THE SERVICES.

PAYMENT OF FEES AND CHARGES.

4.1 Pre-Payment of Rental and Operation Fees. You agree to Pre-Pay for Our Services, including without limitation, activation, rental, and operation of the Products, through Your User Account, which pursuant to 2.3 above must be set up in accordance with the terms of this Agreement and any Additional Terms associated with the opening or maintenance of Your User Account that are herein incorporated by reference.

(a) You authorize Us to bill You directly and collect pre-payment charges from the payment method You provided to Us to establish or are using to maintain Your User Account. You represent and warrant to Us that You are authorized to use any payment method You provided to Us to establish or are using to maintain Your User Account. You are responsible for maintaining a positive pre-paid balance in the amount required to pay for any planned use of the Products.

(b) You may use the Products on a pay-per-ride basis or as otherwise in accordance with the pricing described on Our websites, applications, or other User interfaces provided by Us. You will be assessed a one time activation fee each time You begin using any of the Product. You will be assessed a per minute usage fee for each minute you operate or otherwise use the Product that has been activated through Your User Account. Assessed fees will immediately, or at our earliest convenience, reduce Your pre-payment balance available through Your User Account for Your continued use of Our Services. Failure to maintain a positive pre-payment balance may result in termination of Your use of Our Services without notice to You.

(c) Per minute usage fees will continue to be assessed against Your pre-payment balance until the Product activated through Your User Account has been LOCKED. You must lock the Product to terminate the assessment of usage fees.

(d) Pre-Payment charges may be subject to applicable taxes and other government charges, which may be charged and collected by Us. You agree that We may collect any such taxes or other government charges through the payment method You provided to Us to establish or are using to maintain Your User Account.

4.2 Payment of Non-Pre-Paid Charges to Any Authorized Charging Authority. You agree to pay any Non-Pre-Paid Charges, including, without limitation, fines, fees, penalties, impounding charges, court costs, traffic tickets, citations, tolls, or any other charges incurred by You, as a result of Your use of Our Services, including, without limitation, operation, improper use, or parking of any of the Products, or as a result of Your violation of any law, rule, regulation, or ordinance while using Our Services. You expressly agree that you will pay in full to the charging authority, or their duly authorized representative, any such Non-Pre-Paid Charges immediately upon incurrence or under all circumstances no later than the day the payment is due to the charging authority.

(a) You authorize Us to contact You directly regarding any Non-Pre-Paid Charges incurred by You while said Product was rented to You.

(b) In the event an authorized charging authority uses a third party collector or agent to resolve any tickets, citations, fines or penalties, You agree to pay all costs and collection fees including, without limitation administrative and legal costs upon demand and without protest.

4.3 Payment of Non-Pre-Paid Charges to Us. You agree to pay to Us any Non-Pre-Paid Charges, including, without limitation, fines, fees, penalties, impounding charges, court costs, traffic tickets, citations, tolls, or any other charges assessed against Us, Our Services, or to the Products as a result of Your use of Our Services, including, without limitation, operation, improper use, or parking of any of the Products, or as a result of You violating any law, rule, regulation, or ordinance while using Our Services. You expressly agree that We may immediately upon incurrence, or at Our earliest convenience, charge to any payment method provided by You in Your User Account any such Non-Pre-Paid Charges incurred by Us.

(a) You authorize Us to contact You directly regarding any Non-Pre-Paid Charges assessed against Us, Our Services, or to the Products while said Product was rented to You.

(b) In the event We use a third party collector or agent to resolve any tickets, citations, fines or penalties, You agree to pay all costs and collection fees including, without limitation administrative and legal costs upon demand and without protest.

4.4 Payment of Administrative fee for Any Non-Pre-Paid Charges. In addition to any Non-Pre-Paid Charges, You agree to pay to Us an administrative fee—up to $100—for each Non-Pre-Paid Charge incurred to Us pursuant to sections 4.3 above.

4.5 Payment of Pick-up Fee for Improperly Returned or Improperly Secured Product. If You are unable to return any of the Products to an appropriate and accessible area, and You must abandon the product in an inaccessible area, including, without limitation, on private property or in a locked community, You must at the time of terminating operations, or at no time later than 4 hours after termination of operation of the Product, request that the Product be picked up by Us. We, in Our sole and absolute discretion, may charge You a pick-up fee—up to $200—for each pick-up request You make. If any Product activated or operated through Your User Account is abandoned without notice, You will be responsible for all fees until the Product is recovered and deactivated, plus a service charge of up to $250, to recover the Product.

4.7. Third Party Processing of Payments. All payments to Us through Your User Account are processed through a third party payment processor(s). We accept methods of payment set forth on Our websites, applications, or other User interfaces provided by Us. The terms of Your agreement with the provider of Your payment method governs Your use of that payment method to Us. You must refer to that agreement and not this Agreement to determine Your rights and liabilities as a cardholder or authorized user of Your chosen payment method. You represent and warrant that You will not provide any payment method to establish or maintain Your User Account unless You have all necessary legal authorization to do so. YOU ARE SOLELY RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR PAYMENT METHOD, INCLUDING WITHOUT LIMITATION YOUR CREDIT CARD OR DEBIT CARD BY A THIRD PARTY.

(a) If you fail to notify Us of any discrepancy billed to You that is related to Your use of Our Services within sixty (60) days after such discrepancy is billed to You, such charges are deemed accepted by You for all purposes.

(b) If We are unable to collect an authorized payment through any payment method You used to establish or maintain Your User Account, You acknowledge You remain personally responsible for said charges and agree to pay all amounts due upon demand and without protest.

4.8 Indemnification. You agree to indemnify and hold Us harmless for any Non-Prepaid Charges, including, without limitation, tickets, citations, fines, penalties or administrative fees incurred by You or assessed against Us, Our Services or to the Products as a result of Your use of Our Services.

4.9 Cooperation with Charging Authorities. You agree and acknowledge that we cooperate with all federal, state, municipal and local officials charged with enforcing infractions and will provide any information necessary, as they may legally request or may otherwise be required.

4.10 Dispute of Charges. If You dispute any charge processed through Your User Account, within ten (10) business days of disputing the charge, You must contact Us and provide to Us all information We need to identify the disputed charge, such as the date of the activation of the Product and the approximate starting and ending times of Your use of Our Services.

4.11 Refund Policy. All transactions are final. We may process refunds under appropriate circumstances, as determined through Our sole and absolute discretion.

4.12 All fees Are Subject to Change Without Notice. You understand and agree that all fees stated herein are subject to change at any time, in Our sole and absolute discretion, and without notice to You.

4.13 Order Acceptance and Cancellation. All orders are deemed accepted at the time of Our delivery of the order and not before. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of Your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of Your order to accept or decline Your order for any reason. We reserve the right at any time, without prior notice to You, to supply less than the quantity You ordered. You agree that Your sole remedy for Our cancelation of Your order or Our supply of less than the full amount You ordered shall be cancellation of payment proportional to that which has not been supplied in accordance with the terms of the original order and irrespective of current market value of any of Our Services, including without limitation the Products. You and We disclaim any application to this Agreement of the Convention on Contracts for the International Sale of Goods.

4.14 Modification of Terms. The use of Our Services, including without limitation, the Products is subject to availability. SERVICES MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. WE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE OUR PRICES OR BILLING METHODS FOR SERVICES, EFFECTIVE IMMEDIATELY UPON PUBLICATION AND WITHOUT SPECIFIC NOTICE TO YOU.

DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER.

5.1 Written Agreement to Arbitrate. Certain portions of this Section of the Agreement, Section 5, are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Bogo expressly agree and intend that Section 5 satisfies the “writing” requirement of the Federal Arbitration Act. Section 5 can only be amended by written mutual agreement.

(a) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR BOGO WANT TO ASSERT A DISPUTE—BUT NOT AN EXCLUDED DISPUTE AS DEFINED BELOW—AGAINST THE OTHER, THEN YOU OR BOGO MUST COMMENCE IT BY DELIVERY OF WRITTEN NOTICE PURSUANT TO SECTION 5.2 WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED.

(b) The provisions of Section 5 will not apply to any legal action taken by Us seeking an injunction or other equitable relief in connection with, any actual or potential loss, cost, or damage relating to Our Services, including without limitation, the Products, Our Content, Your User Account, Your use of Our Services, or Our intellectual property rights, including any such rights that We may claim are in dispute.

(c) The provisions of Section 5 will not apply to Disputes that meet the State of Nevada definition of a small claims matter. You or Bogo may bring a qualifying claim or Dispute, but not an Excluded Dispute, in the Eighth Judicial District of the State of Nevada small claims courts.

5.2 Required Informal Resolution of Disputes Prior to Arbitration. You and Bogo (the “Parties”) agree to engage in a dialogue in order to attempt to resolve all controversies, including, without limitation, any allegation, claim, demand, cause of action, loss, liability, damage, injury, cost, expense, penalty, or fee of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown that arises out of or is related to Our Services, including, without limitation, the Products, Our Content, Your User Account, this Agreement, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or relate to any of Our actual or alleged intellectual property rights (“Excluded Dispute”), as detailed here:

(a) The Parties agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it.

(b) Our notice to You will be sent to You at the most recent contact information in Your User Account. But if no such information exists or if such information is not current, then We have no obligation under Section 5.2.

(b) Your notice to us must be sent to: legal@bogo.us

(c) For a period of ninety (90) days from the date of receipt of notice from the other party, Bogo and You will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either You or Bogo to resolve the Dispute or Excluded Dispute on terms with respect to which You and Bogo, in each of our sole discretion, are not comfortable.

(d) If the Parties mutually agree before, during, or after the informal resolution dialog the parties may extend the period of informal resolution by increments of thirty (30) days, for up to an additional ninety (90) days.

(e) If the Parties mutual agree before, during, or after the informal resolution dialog the parties may engage a third party mediator to assist in negotiation of a resolution. The cost of such a mediator will be born equally among the Parties unless otherwise agreed.

5.3 Binding Arbitration of All Disputes. If, at the conclusion of the set time for informal resolution, We cannot resolve a Dispute as set forth in Section 5.2, or if the Parties agree to arbitration in writing with respect to an Excluded Dispute as defined above, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, LAW, STATUTE, RULE, REGULATION, ORDINANCE, TORT INCLUDING, WITHOUT LIMITATION, FRAUD, ANY OTHER INTENTIONAL TORT, NEGLIGENCE, COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION.

(a) The Federal Arbitration Act (“FAA”), not state law, shall govern the arbitrability of all disputes between You and Us regarding this Agreement and any Additional Terms, and Our Services, including the “No Class Action Matters” Section below. To the fullest extent permitted by federal law and the FAA, the Arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement and shall be empowered to grant whatever relief would be available in a court under applicable law or in equity. However, the Arbitrator shall have no authority to modify or vary from the class action waiver provisions of this Agreement.

(b) Nevada State or federal law shall apply to, and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between You and Us regarding this Agreement and the Services, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to the Nevada choice of law principles.

(c) Disputes will be resolved by binding arbitration in the Las Vegas, Nevada, unless the Parties mutually agree to an alternative location. Binding resolution of Disputes will be reached in accordance with the then-current Commercial Arbitration Rules of the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service You and an officer or legal representative of Bogo consent to in writing. Official JAMS rules and additional information can be found on their website: http://www.jamsadr.com, or via telephone at 702-457-5267.

(d) The Parties agree to pay administrative and the Arbitrator’s fees and other costs in accordance with the applicable arbitration rules. However, We at Our sole discretion may chose to pay a greater proportion than required under the rules or any additional amount, if such payment is necessary for legal enforcement of any part of Section 5 or the Arbitrator’s decision.

(e) The Arbitrator’s decision shall be final and binding on all Parties. The Arbitrator will render a written decision in accordance with the JAMS Rules and the FAA. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing Party shall be entitled to an award of attorneys’ fees and costs, as long as the Arbitrator sets forth such an award in the written decision.

(f) BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY.

(g) You have the right to Opt-Out of Biding Arbitration, pursuant to this Section; however, You must provide written notice of Your decision to Opt-Out no less than thirty (30) days PRIOR TO YOUR FIRST USE OF ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION THE PRODUCTS. You should mail Your notice, which must include Your full legal name, complete mailing address, valid telephone or mobile phone number, and email address, as well as any other information You may have associated with a User Account, to: legal@bogo.us . Upon our acceptance of Your Notice, Your decision to Opt-Out nullifies the binding arbitration requirement for both You and Bogo.

5.4 No Class Action Matters. YOU AND BOGO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION.

(a) Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party.

(b) There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated.

(c) If, for any reason, any court with competent jurisdiction holds that restriction pursuant to Section 5.4 is unconscionable or unenforceable, then the Parties’ agreement pursuant to Section 5.3 to arbitrate will not apply and the Dispute must be brought exclusively in the State of Nevada District Court in the Eight Judicial District. Notwithstanding any other provision of this Section 5, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein, are to be decided only by a court of competent jurisdiction, and not by the Arbitrator. The arbitrator does not have the power or authority to vary these class action waiver provisions.

RELEASES, DISCLAIMERS, LIMITATION OF LIABILITY, AND ASSUMPTION OF RISK.

6.1 Definitions.

(a) “Claims” means, collectively, and without limitation: any and all claims, injuries, demands, liabilities, and, disputes; causes of action such as statutory, contract, negligence, or other tort theories; proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, and costs; expenses, including attorneys’ fees, whether incurred pre-litigation, pre-trial, at trial, on appeal, or otherwise; damages of any kind whatsoever, including consequential, compensatory, or punitive damages; losses, whether known, unknown, asserted, unasserted, fixed, conditional, or contingent; that arise from or relate to any of Our Services, including without limitation the Products, equipment, or related information, or Your use of Our Services.

(b) “Released Persons” means, collectively: Bogo; all of Bogo’s owners, managers, affiliates, employees, agents, representatives, successors, and assigns; every sponsor of any of Our Services; all of a sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns; and to the fullest extent permitted by law, any Municipality, including its elected and appointed officials, officers, employees agents, contractors, and volunteers, with which Bogo has a contracted to provide Our Services;

6.2 Your Release of All Claims. In exchange for use of Our Services You, acting for You and for all of Your family, heirs, agents, affiliates, representatives, successors, and assigns, hereby fully and forever release and discharge all Released Persons for any and all Claims that You have or may have against any Released Person.

(a) Your releases granted pursuant to this Section 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.

(b) You expressly agree to indemnify, release, and hold harmless Released Persons from all liability for any such property loss or damage, personal injury or loss of life, regardless of the cause, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for use of Our Services.

6.3 Disclaimer of Warranties : TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION THE PRODUCTS OR RELATED EQUIPMENT, ALL RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

6.4 Services Provided “As-Is” ALL OF THE SERVICES, PRODUCTS, AND RELATED EQUIPMENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK. Therefore, to the fullest extent permissible by law, the Released Persons hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

(a) Our Services, including without limitation, the Products, related equipment, or Our Content;

(b) functions, features, or any other elements on or made accessible through Our Services;

(c) any instructions offered or referenced at or linked through Our Services;

(d) security associated with the transmission information to Us or from Us via Our Services;

(e) whether Our Services or the servers that make Our Services available are free from any harmful components that could adversely impact Your Device;

(f) availability, accuracy, completeness, correctness, adequacy, usefulness, timeliness, or reliability of Our Services and any information provided by or related to Our Services;

(g) whether any defects to or errors on the Services will be repaired or corrected;

(j) the lawfulness of Your use of Our Services in any particular jurisdiction.

6.5 EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED IN WRITING BY A RELEASED PERSON, RELEASED PERSONS HEREBY FURTHER DISCLAIM TO THE FULLEST EXTENT OF THE APPLICABLE LAW ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

6.6 ALL RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, PRODUCTS, 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.

6.7 Our Limited Liability. YOU HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, ALL RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO: ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT; YOUR USE, MISUSE, OR INABILITY TO USE, ANY OF OUR SERVICES; YOUR USE OF ANY SERVICES ACCOMPANIED BY A PASSENGER, WHETHER OR NOT INTENDED FOR USE ACCOMPANIED BY A PASSENGER; YOUR BREACH OF THIS AGREEMENT OR YOUR VIOLATION OF ANY LAW, RULE, REGULATION, OR ORDINANCE, INCLUDING WITHOUT LIMITATION OPERATING WITH A PASSENGER, RIDING ON SIDEWALKS, OR PARKING; ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU; YOUR FAILURE TO WEAR OR REQUIRE ANY PASSENGER TO WEAR NECESSARY SAFETY EQUIPMENT, SUCH AS A SNELL, CPSC, ANSI OR ASTM APPROVED HELMET THAT HAS BEEN PROPERLY SIZED, FITTED AND FASTENED ACCORDING TO THE MANUFACTURER’S INSTRUCTIONS WHILE USING ANY PRODUCT; OR ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY INCLUDING A PASSENGER.

6.8 Waiver of Claims : YOU HEREBY WAIVE ANY AND ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT, NEGLIGENCE, STATUTORY, OR OTHER GROUNDS, EVEN IF BOGO OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.

6.9 Our Maximum Liability. The total liability of all released persons for any and all claims is limited to the sum of five thousand dollars ($5,000).

6.10 Your Assumption of Risk : YOU HEREBY ACKNOWLEDGE AND KNOWINGLY AGREE THAT YOUR USE OF ANY OF OUR SERVICES WHETHER WITH OR WITHOUT AN ACCOMPANYING PASSENGER IS AT YOUR SOLE AND INDIVIDUAL RISK AND THAT WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES, INCLUDING WITHOUT LIMITATION, ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, LOSS OF LIFE, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN.

(a) YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOU FULLY UNDERSTAND THE RISKS ASSOCIATED WITH YOUR USE OF OUR SERVICES, INCLUDING WITHOUT LIMITATION, THE PRODUCTS WITH OR WITHOUT AN ACCOMPANYING PASSENGER AND YOU ASSUME SUCH RISK.

(b) You are solely and fully responsible for the safe operation of the Products at all times.

(c) You agree that the Products are machines that may malfunction, even if the Products are properly maintained, and that such malfunction may cause injury to You or any accompanying passenger, up to and including loss of life.

(d) You agree that using and operating the Products involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or loss of life to You, accompanying passengers, or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided.

(e) You agree that such risks, dangers, and hazards are Your sole responsibility, including, but not limited to, choosing whether to wear a helmet other protective gear. You expressly understand and agree that it is solely Your responsibility to determine whether You and any accompany passenger are required to wear a helmet in the particular jurisdiction in which You are using the Products. If You or any accompanying passenger fails to wear any safety equipment necessary for the safe use and operation of the Products, including, without limitation, a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions, You do so at Your own risk and at the risk of Your passenger.

(f) You agree that if Your use of any of Our Services, including, without limitation, the Products, or any related equipment causes any injury or damage to another person or property, then You will be liable for any and all consequences, including, without limitation any claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown.

INDEMNIFICATION.

7.1 You agree to defend, indemnify, and hold harmless the Released Persons, as defined above in Section 6, from and against any and all consequences (herein referred to as “Claims and Losses,” which encompasses all sections 7.1, and 7.1(a) through 7.1(h)) including, without limitation any claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits settlements, or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Released Person, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter:

(a) Your use or misuse of Our Services, including, without limitation, the Products or any related equipment, whether with or without an accompanying passenger;

(b) Your User Account;

(c) Your use of Our Services and Your activities in connection with Our Services;

(d) Your breach or alleged breach of this Agreement or any Additional Terms;

(e) Your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with Your use of Our Services, including, without limitation, the Products, or any of Your activities in connection with Our Services;

(f) Information or material transmitted in association with Your Account, even if not submitted by You, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity;

(g) Any misrepresentation made by You; and

(h) The Released Persons’ use of the information that You submit to Us.

7.2 You agree to defend, indemnify, and hold harmless the Released Persons, as defined above in Section 6, for all Claims and Losses.

7.3 You will cooperate as fully required by the Released Persons in the defense of any Claims and Losses. Notwithstanding the foregoing, the Released Persons retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Released Persons reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Released Persons.

ASSISTANCE

8.1 If You do not understand any of the foregoing Agreement or if You have any questions or comments, We invite You to contact Us at: terms@bogo.us

VOLUNTARY AND KNOWING ACCEPTANCE OF AGREEMENT

By creating Your User Account or using any Bogo Service, I certify that I am at least 18 years old, and that I have read this Agreement, and further certify that I understand and expressly agree to the terms and conditions set forth in this Agreement, including specifically and without limitation, those terms and conditions pertaining to binding arbitration, waiver of class action rights, release of claims, disclaimer of warranties, and assumption of the risk.

Last Updates to Our User Agreement & Terms of Service: December 2, 2018.

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