USER AGREEMENT & WAIVER OF LIABILITY
THANK YOU FOR CHOOSING HOME FREE.
These terms (“Terms”) govern your use of our various products and services (collectively, our “Services”). They are provided to you by AMP Powerbikes LLC dba Home Free Scooter leasing. By using our Services (including using our App, creating a user account, or receiving pickup or drop-off of the scooter, for example) you are agreeing to these terms, including that you are of legal age to enter into binding contracts, so please read carefully. You are also agreeing that you have authority to agree to these Term, whether personally or on behalf of an entity you’ve included in your user account registration.
If you do not agree to these Terms, you may not use our Services. We may amend these Terms at will, and the revised version will be effective when posted on this website or otherwise made available to you. The revised Terms supersedes any previous versions. While we will provide you advance notice of any important revisions, we do not recommend that you regularly review these terms because your continued use of our Services after we make any changes to them constitutes your agreement to those changes. These Terms also expressly superseded any prior agreements or arrangements we may have with you. You may of course stop using out Services at any time, and we may terminate these Terms or your use of Services, or generally cease offering or deny access to any portion of those Services, at any time in our sole discretion.
IMPORTANT: Please carefully review the arbitration provision which requires you to resolve any disputes with us on an individual basis through final and binding arbitration, Your agreement to these terms indicates your express acknowledgement and agreement that you have read and understand how the Arbitration provision Works.
What HOME FREE Offers
Home Free was founded with the idea that electric scooter riders and municipalities deserve access to a safer, more convenient, unlimited use & zero public footprint leasing model. We are continually evolving our Services, and as of the date above are limited to electric scooters. In these terms, we refer to these electric scooters as our “Products”. Our Services also include our mobile application the “App”, all other related equipment including helmets and scooter racks, our maintenance personnel, our delivery and pick-up personnel, our websites and any other information technology and services provided or otherwise made available to you in our discretion. Our services may come with additional terms or product requirements, which we will make available to you with the relevant Services and they will become part of your agreement with us when you use them. Please note that we are not a common carrier, we offer our services directly as a convenience to those who are able and qualified to operate them, and alternative means of public and private transportation are available to you and the general public.
Your Home Free User Account
Account Setup. You need an account to use our Services through the Mobile App. The Account and reoccurring monthly payments require a valid debit or credit card with an expiration date as well as other information including a driver’s license or passport number. You may only use a payment method that you have the legal right to use. If we suspect that any information you’ve provided is inaccurate incomplete or fraudulent, we may suspend or terminate your account if and until the issue is resolved. Let us know immediately if you suspect unauthorized use of your account We have the right to provide your account details if required by law and to protect our rights, customers or business.
Using the Home Free App. You can use the App to schedule delivery and pickup of your scooter, schedule maintenance, or engage in social “ride out” activities. You also will be receiving sponsorship advertisements through the App. By entering into this agreement, you expressly consent and agree to receive promotions and sponsorship ads and information.
By Setting up and Account, you hereby consent to & acknowledge the following:
Because of supply and related reasons, including weather, we reserve the right to accept or reject your reservation requests.
Unless we give you express permission, you must be the ONLY RIDER of our Services. Minors are not permitted to use your scooter with or without you.
You must be at least 18 years old to use a bike or scooter.
You shall not tamper with vandalize or tray to use our Services in an unauthorized fashion or remove or damage the vinyl wrapping and/or advertising components.
Insurance Coverage Election. You will have the ability to elect insurance coverage through the App. This coverage shall cover accidental and not intentional damage to the scooter. We highly recommend that you consider this coverage.
You must operate our Products in a lawful, safe and competent manner. By entering into this agreement you hereby assert the following:
You are physically competent to operate our Products.
You have no pre-existing injuries or physical limitations that shall limit your ability to operate our Products.
You understand that adverse weather conditions can impact safety and you are able to respond accordingly (like adjusting your brake distance in rain, for example). You are hereby advised not to operate our Products in adverse weather conditions.
You have reviewed all local laws including bike lane laws and have familiarized yourself with the “rules of the road” and with local municipal ordinances and laws including Bike Lane Regulations.
You understand that you must wear a helmet while operating our products. You recognize that helmets and other protective gear are no guarantee against personal injury. Helmets are required by law. If you choose not to wear a helmet and you are injured as a result, you waive all liability against us and we shall not be held responsible.
You must perform a safety check on the scooter before each use, including but not limited to these:
Are the tires and wheels in good condition?
Do the brakes and lights work?
Are the headlight, rear lights working?
Is the battery charged?
Are there any signs of damage or excessive wear?
Safety Requirements & Restrictions
We want a safe experience for you and those in the community. You should not carry any item on the scooter, like a briefcase or bag, that would affect your ability to ride or steer Additionally, any electrical devises such as cell phones or tablets cannot be used while riding. By entering into this agreement, you hereby warrant and consent to the following:
You cannot ride on sidewalks and it is illegal to do so. And, there may not always be a designated bike lane for you to ride in. So, exercise caution when riding around card and other traffic. We shall not be held responsible for the actions of other rivers of cars, bikes, or other vehicles or of the actions of pedestrians or other third parties).
You shall not use our Products while under the influence of alcohol, drugs or any other mind altering substance.
You shall not carry any other person or pet with you on the scooter.
You shall not lock up the scooter with any lock that is not ours.
You shall not leave a scooter in any manner or location that we cannot access and you may charged the replacement value of the item if lost. You consent that such charges will be made using your Account’s preferred method of payment.
You shall not use any scooter for a use beyond its normal intended use. For example. You shall not use the scooter for racing, mountain bike riding, stunts or tricks. You may not use our service for hire or any other commercial use.
You shall not violate any law while operating our scooter.
Proper Use
Our Products are not indestructible so please take good care of them while they are in your possession. Our scooters have a weight limit of 250lbs.
Damage. We expect that other than normal wear and tear, you will return the scooter in the same condition in which you received it. You shall not tear, peel or alter any of the vinyl wrapping or vinyl decals in any way. If you damage the product or the wrapping or part and accessories, you will be held responsible for its replacement or repair.
Use Restrictions. You have unlimited month to month use with our scooters. Scooters shall not be removed from the State of New Jersey or the country. Note, batteries cannot be taken on airplanes. When you need to return your scooter, you must schedule pickup using our mobile app. Scooter delivery and pickup shall occur only at your address and not at any other location.
Accidents or Damage. You must report any accident, crash, damage, personal injury to yourself or any third party to use immediately by email at: [email protected]. If the accident involves personal injury, property damage or a stolen product you must file a police report with a local department within 24 hours.
Financial Terms.
Pricing and Payment. You may use our Services on a per month or weekly subscription. All pricing can be found in the App. Please note that pricing may be changed as we deem necessary. Our pricing is exclusive of sales tax and other governmental charges. All of these will be charged to your preferred payment method designated in your account. We will automatically charge and withhold applicable taxes if required by law. All payments are made through a third-party payment processor in the form payment accepted by them. If you disagree with any charges we have made to your account, you must let us know within 20 business days from the end of the month in which the disputed charge took place. To resolve any disputed charges, we will need certain information. As a policy, we do not offer refunds for use of our Services, and any exceptions to this policy are in our sole discretion.
Promotional Codes. At various times we may provide promotional codes for discounted trips. Please understand that these are one-time offers and may be revoked at will by us.
Subscriptions. Your subscription will begin on the date your first payment is received and our third-party payment processor will charge your preferred payment method within 30 days of authorization. Your subscription will continue for the period until cancellation. We reserve the right to modify, terminate or otherwise amend any subscription membership plans. We may cancel your subscription for any or no reason with fourteen (14) days prior notice to you. You may cancel your subscription for any reason with thirty (30) days prior notice.
Subscription Automatic Renewal. Our subscription will automatically renew at the then-current prices for the same length as your original membership term. It will continue indefinitely unless you cancel before the end of your then-subscription term. Our pricing and applicable taxes may change over time, so the pricing from one subscription term to the next may be different. We reserve the right to change subscription pricing at any time, but if we do, we will give you notice of such changes by way of App notification or other electronic communication such as email. If you do not agree with the new pricing, you can cancel your subscription.
Fines & Fees
When you are using our Services, you must comply with the laws that apply to you. If you receive a ticket or a fine, cause product to be towed and/or impounded or receive any other penalties or fees, you will be responsible for the associated costs. We cooperate with all governmental officials in their enforcement of the applicable laws, and we may provide any necessary information requested or required by the applicable governmental agencies or court of law. If we do so, you are required to pay reasonable administrative fees plus any applicable costs such as attorneys fees. By agreeing to these Terms, you agree that we may charge these amounts to your preferred payment method indicated in your account.
Warranty Disclaimers
We provide our Services “As-is” and “As-available.” Other than as expressly set out in these terms the related parties do not make any specific promises about any services whether about the specific functions of such services their reliability, quality, availability, or ability to meet your specific needs or otherwise or that they will be uninterrupted or error-free. Some jurisdictions provide for certain warranties such as the implied warranty of merchantability, To the extent permitted by law, we exclude all warranties whether express or implied.
Limitation of Liability
WHEN PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE RELEASED PARTIES FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO US $100. IN ALL CASES, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
OUR PRODUCTS ARE MACHINES AND THERE IS INHERENT RISK ASSOCIATED WITH USING THEM, INCLUDING DUE TO MALFUNCTION NO MATTER HOW WELL THEY ARE MAINTAINED. THESE RISKS ARE NOT ALWAYS OBVIOUS, AND THEY MAY CAUSE PROPERTY DAMAGE, INJURY OR EVEN DEATH TO YOU OR OTHERS. BY USING OUR SERVICES, YOU AGREE THAT YOU UNDERSTAND THESE RISKS, THAT IT IS YOUR RESPONSIBILITY TO USE OUR SERVICES SAFELY AND THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES IS YOURS AND YOURS ALONE. YOU ARE RESPONSIBLE FOR ANY HARM YOU CAUSE TO OTHER PEOPLE OR PROPERTY.
YOU HEREBY WAIVE ANY AND ALL CLAIMS, INCLUDING THOSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY AND/OR ANY OTHER GROUNDS, EVEN IF ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.
THE PROVISIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.
When we use the term “Released Parties” in these Terms, we mean (i) us and our affiliates and subsidiaries and our and their respective owners, managers, officers, employees, directors, agents, representatives, successors, assigns, licensees, distributors, vendors and third parties with whom we authorize or otherwise partner with to distribute, market or otherwise commercialize the Services, (ii) municipalities and public entities (including all of their respective elected and appointed officers, officials, employees and agents) which authorize us to operate any of the Services, (iii) owners and ground lessees of the property (including all of their respective elected and appointed officers, officials, employees and agents) which authorize us to operate any of the Services on its premises, and (iv) to the extent you access the Services using a third party application, website, content, product or service, that third party and all of its affiliates and subsidiaries and each of their respective owners, managers, officers, employees, directors, agents, representatives, successors and assigns.
INDEMNIFICATION
You agree to indemnify and hold the Released Parties harmless from any and all claims, actions, costs, damages, penalties, fines, demands, losses, liabilities and expenses (including attorneys' fees and court costs) arising out of or in connection with (i) your use of the Services (including the payment of fines and other fees in the Section above), (ii) your breach or violation of any of these Terms or any applicable law, (iii) any of the Released Parties’ use of your content discussed or (iv) your violation of the rights of any third party. The Released Parties reserve the right to assume the exclusive defense of any of the foregoing, and you agree not to settle any of the foregoing without the applicable Released Parties’ prior written consent. You agree that the obligations in this Section will survive any termination of these Terms, your user account or your access to our Services generally.
Personal Information
Our collection and use of your personal information will be protected to a reasonable degree.
Text Messages and Telephone Calls
Unless you opt out, you agree that we may contact you by telephone, SMS or text message (including through use of an automatic telephone dialing system) at the phone numbers you have provided to us, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You may opt out of receiving telephone calls, SMS or text messages from us at any time, either by texting the word “STOP” in response to a text message received from us using the mobile device that is receiving the messages.
Our Limited License to You
Subject to these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the App and our related software and services on your personal device solely for your use of our Services. Such rights are for your personal, noncommercial use only. Any rights not expressly granted herein are reserved by us and our licensors. You are not allowed to copy, modify, distribute, sell or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of the Services or software, unless laws prohibit these restrictions or you have our written permission to do so. Don’t do anything that places an unreasonably large load on our Services’ infrastructure, use any robots, spiders, scrapers or other automated means to access our Services, try to interfere with the proper working of our Service or attempt to bypass any of our security measures to access the Services.
Ownership
The Services are our exclusive property, and your use of them does not transfer any ownership rights to you. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access, and except for the limited license granted to you above, all rights therein (including all intellectual property) belong to us or our licensors. You may not use content from our Services without our express prior permission or as otherwise permitted by law. These Terms do not grant you the right to use any trademarks, branding or logos used in our Services or otherwise, including in any advertising or publicity or to imply our endorsement in any way. Please do not obscure or alter any legal notices displayed in, along with or in connection with our Services.
Content Provided by You
You may at times be invited to submit content to us (like a comment to a blog post, to participate in our communities or provide user tips our “social wall, social media bar”). You retain ownership of this content but we ask that you make sure you have the right to submit it to us in the first place, because when you submit it, you give us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute it as well as your name, voice and/or likeness if also submitted (like if you take a selfie when using a Product). This license continues even if you stop using our Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you. Any content you submit is deemed non-confidential.
Do not submit any content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive (we will be the judge of whether your content meets any of these descriptions). The same goes for “spam” or unsolicited advertising. We have the right, but not the obligation, to review, monitor or remove your content at any time for any reason without notice.
Third Party Services and Content
The Services may be made available or accessed in connection with services and content (including advertising) controlled by third parties with different terms of use and privacy policies. We don’t endorse these third party services and content and we are not responsible or liable for any of their products or services. Additionally, Apple Inc., Google, Inc., Microsoft Corporation and/or BlackBerry Limited will be a third-party beneficiary to these Terms if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to these Terms and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these applications or devices is subject to terms set forth in their respective terms of service and privacy policies.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services (including the App) and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Choice of Law; Choice of Venue
These Terms will be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflicts of law provisions. Venue for all actions in a court of law shall be in the State of New Jersey, Hudson County Vicinage.
General
You may not assign these Terms without our prior written approval. We may assign these Terms without your consent to a related or affiliated entity or in the event of a sale of all or substantially all of our assets, stock or business, or to a successor by merger. Any purported assignment in violation of this paragraph is void. No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of our Services. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced to the fullest extent under the law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless we acknowledge and agree to it in writing, and it is not a waiver of our right to do so later. This provision will not affect the Severability and Survivability section of the Arbitration Agreement of these Terms. Force majeure events may prevent us from providing the Services. Note that when we say “include” or “including” throughout these Terms, we really mean “including, but not limited to” but do this for ease of reading. Provisions that by their nature are intended to survive the termination of these Terms or your use of the Services will survive.
Mutual Arbitration Provision
Before bringing a formal legal case, please first try contacting our Customer Support. Most disputes can be resolved that way. We each mutually agree to resolve any justiciable disputes between us exclusively through final and binding arbitration instead of filing a lawsuit in court. This arbitration provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) and will apply to any and all claims arising out of or relating to your access or use of the Services, any communications, advertising or marketing by or regarding us or the Services, any products or services sold or distributed through the Services that you received as a consumer of our Services, any aspect of your relationship or transactions with us, any of our actual or alleged intellectual property rights, and all other aspects of your relationship with us, past, present or future, whether arising under federal, state or local statutory and/or common law (collectively, the “Dispute”). We each also expressly agree that this Agreement will be governed by the FAA even in the event you and/or we and/or these Terms are otherwise exempted from the FAA. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New Jersey law governing arbitration agreements will apply.
If either of us wish to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to us at AMP Power Bikes LLC, 90 Christopher Columbus Drive Suite 3507 Jersey City, New Jersey 07302.
Class Action Waiver. We each mutually agree that by entering into this agreement to arbitrate, we both waive our right to have any dispute or claim brought, heard or arbitrated as, or to participate in, a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action (“Class Action Waiver”).
This Mutual Arbitration Provision will survive any termination of your relationship with us.
This Mutual Arbitration Provision is the full and complete agreement relating to the formal resolution of disputes covered by this Mutual Arbitration Provision. This Section can be amended only by our mutual written agreement. In the event any portion of this Mutual Arbitration Provision is deemed unenforceable, the remainder of this Mutual Arbitration Provision will be enforceable.
