USER AGREEMENT

Customer Service
Email:

info@boomerdrive.com

Call:

1 (888)-LIME-345

Text:

1 (888)-546-3345

Last Updates to Our User Agreement & Terms of Service: December 7, 2018.

PLEASE READ EACH PROVISION OF THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES (DEFINED BELOW). BY ACCESSING AND/OR USING OUR SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT AND THE CONDITIONS OF USE STATED HEREIN, INCLUDING THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS, DO NOT USE THE SERVICES.

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS FURTHER DETAILED IN SECTION 2 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 YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION.

This User Agreement & Terms of Service (collectively, the “Agreement”) is a legally binding agreement between you (“You,” “Your,” or “User”) and Neutron Holdings, Inc., doing business as LimeBike, and doing business as Lime (“Lime,” “We,” “Us,” or “Our”). This Agreement states the material terms and conditions that governs Your use of Our Services.

Our Services are comprised of the following:

1) Our Bike Share bicycle parking locations (“Locations”);

2) Our Bike Share bicycles (“Bike”), electric bicycles (“Lime-E”), electric scooters (“Lime-S”), and carshare service vehicles (“Vehicles”). Lime-E and Lime-S are collectively referred to as “E-vehicles.” Bikes, E-vehicles, and Vehicles are collectively referred to as “Products,” provided that additional terms and conditions set forth in Section 1.4 of this Agreement (including specific Eligibility Requirements) apply to Your use of Vehicles;

3) All other related equipment, maintenance, charging of the E-vehicles, personnel, mobile applications, other software and information provided or made available by Us; and

4) Use of Our website, available at www.li.me (including any versions optimized for viewing on a wireless or tablet Device), Our mobile application (the “App”) and any interactive features, and/or other services that We make available and that post a link to this Agreement.

This Agreement, together with all updates, supplements, additional terms, and all of Our rules and policies collectively constitute this “Agreement” between You and Us.

We agree to allow You to rent the Products, subject to the terms and conditions set forth in this Agreement. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in U.S. dollars.

In some instances, both this Agreement and separate guidelines, rules, or terms of use, setting forth additional or different terms and/or conditions will apply to Your use of the Services (in each such instance, and collectively, “Additional Terms”). The Additional Terms are incorporated into this Agreement by this reference. 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. By using the Services, You acknowledge and accept the LimePrivacy Notice, and consent to the collection and use of Your data in accordance with that Privacy Policy.

1. RENTAL AND USE OF PRODUCTS.

1.1. You are the Sole User of the Services : Subject to Section 1.3 below regarding the limited use of Bikes by minors, You certify and expressly agree that You are the sole renter and You are responsible for compliance with all terms and conditions contained in this Agreement. You understand that when You activate a Product, the Product must be used ONLY BY YOU. You must not allow others to use a Product that You have activated.

1.2. You are At Least 18 Years Old : You represent and certify that You are at least 18 years old, and that You have a valid driver’s license (if required in your jurisdiction). With respect to Vehicles specifically, you must be at least 21 years old and meet the Eligibility Requirements set forth in Section 1.4 below.

1.3. Minor Use of Bikes : You may allow a minor who is at least 16 years of age to use a BIKE ONLY, subject to the following conditions:

1.3.1. You are the minor’s parent or legal guardian;

1.3.2. You assume full financial and/or any other responsibility for any and all misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, as a result of the minor’s use of the Bike and/or any of the Services;

1.3.3. You expressly guarantee, represent, and warrant that You and the minor are bound by this Agreement and all of the terms herein;

1.3.4. You expressly guarantee, represent, and warrant that You will supervise the minor at all times while the minor is using the Bike;

1.3.5. You expressly guarantee, represent, and warrant that You have instructed the minor how to conduct the requisite safety check of the Bike prior to use;

1.3.6. You expressly guarantee, represent, and warrant that the minor is wearing a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions at all times while riding the Bike; and

1.3.7. You expressly guarantee, represent, and warrant that You have explained all applicable laws, rules, regulations, and/or ordinances to the minor, including any and all rules regarding parking and traffic laws.

OPERATION OR USE OF ANY E-VEHICLES BY ANY MINOR IS EXPRESSLY PROHIBITED. IF YOU ALLOW A MINOR TO USE AN E-VEHICLE BY ACTIVATING IT THROUGH YOUR ACCOUNT, YOU SHALL BE RESPONSIBLE FOR ANY AND ALL MISUSE, CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN.

1.4. Your Use of Vehicles : This Section 1.4 applies specifically to any use of a Vehicle (whether in connection with our carshare product currently referred to as “LimePod” or other Lime product or service). Certain geographic restrictions may apply with respect to Your rental and use of Vehicles, as may be further communicated to you via the App, our website or otherwise. Vehicles may not leave the country in which they have been rented.

1.4.1. In order to use a Vehicle, you represent and warrant to us that You meet the following eligibility criteria (“Eligibility Requirements”): (a) You are at least 21 years of age; (b) You possess a valid U.S. driver’s license with a minimum of 1 year of driving history; and (c) You have a clean driving record (as determined by Lime in its sole discretion), which means that, at minimum, you have none of the following: (i) any major violations in the past 3 years; (ii) any alcohol or drug related incidents up to 7 years in the past; (iii) more than 2 minor violations in the past 3 years; and (iv) more than 1 accident in the past 3 years.

1.4.2. Approval. In order to use a Vehicle, you must apply to use our Product currently referred to as LimePod, including uploading your driver’s license, and receive approval from Lime. Lime reserves the right to approve or deny any application, and to rescind its approval, in its sole discretion. You represent and warrant that all information you submit in connection with your application is true and accurate. As part of this approval process, motor vehicle record checks will be run (and re-run, pursuant to applicable law) to ensure you meet the Eligibility Requirements.

1.4.3. Rental and Use of Vehicles. (a) Use and Operation of Vehicles. You certify and expressly agree that You are the sole renter, and will be the sole driver, of the Vehicle. You may not allow others to operate the Vehicle that You have activated. You agree to follow all laws pertaining to the use, riding and operation of the Vehicles (e.g., traffic laws, parking restrictions, seatbelt and child safety seat laws, alcohol and drug use). You agree that the Vehicles are the exclusive property of Lime, and you may not tamper with, modify, repair, apply any form of decal or sticker to, or deface any Vehicle (or any part thereof) in any way. Lime, or its third party contractors, monitors the location, charge and fuel status, odometer and other driving information of the Vehicle, and may collect information and data regarding your use of the Vehicle. You agree and acknowledge that Vehicles may not be available at all times. (b) Pick-up; Drop-off. Maximum rental time of a Vehicle is 24 hours. You agree that You will deactivate the Vehicle rental within 24 hours after that rental began. You may then rent again. When you are finished with the Vehicle, you simply return it to any legal parking space within the approved area of use (which can be found in your App). You agree that You are solely responsible for being aware of any elapsed time related to timely deactivating any Vehicle. The maximum charge is based on a 24-hour period pursuant to the pricing set forth in the App. After return of the Vehicle, You will be charged the accumulated rental charges, or the maximum 24-hour charge, whichever is less. Vehicles not returned within 48 hours will be considered lost or stolen, and a police report may be filed against You. We reserve the right to take any other action needed and permitted by law, including holding you liable for the value of the Vehicle. (c) Prohibited Conduct. You agree that you will not use the Vehicles: (i) on any unpaved roads or in any location where their use is prohibited or illegal; (ii) for racing or stunts; (iii) for commercial purposes, such as rideshare, food delivery or advertising services; (iv) while conducting any activities (including using any cellular telephone or text messaging device) that may distract You from safely operating the Vehicle; (v) while under the influence of alcohol, drugs, medication, or any other substance that may impair Your ability to safely operate the Vehicle; (vi) to tow or haul any trailers or other vehicles, or to carry cargo over 600 pounds; or (vii) in any manner that violates applicable law and/or in the commision of any crime. (d) Damage; Vandalism; Lost Items. You agree to return the Vehicle to Lime in the same condition in which such Vehicle was rented, normal wear and tear excluded. You agree that you will be responsible for the cost of repairing and replacing any Vehicle that you damage or cause damage to. You may also be responsible for the cost of cleaning any Vehicle if Your use was beyond normal wear and tear (for example, smoking is not allowed in any Vehicle and may incur a cleaning cost). If you vandalize any Vehicle, you shall be liable for all costs of repair or replacement. Other costs that You may be responsible for are those that result from Your failure to lock the Vehicle during or after Your rental, and/or if the Vehicle was towed as a result of Your actions. Lime is not responsible for loss of or damage to Your property or the property of others left at any time in or on any Vehicle or on Lime’s premises. Lime may hold lost items for up to 90 days or as otherwise required by law. (e) Reporting of Damage or Crashes. You must report any accident, crash, damage, personal injury, stolen or lost Vehicle to Lime as soon as possible. If a crash involves personal injury, property damage or a stolen Vehicle, you must file a report with the local police department within 24 hours.

1.4.4. Insurance. Lime will carry all necessary insurance associated with the Vehicles as required by applicable law.

1.4.5. Payment of Fines; Fees. You agree to pay any fines, fees, penalties, impounding charges, court costs, traffic tickets, tolls and/or any other charges incurred by Lime that result from your parking any Vehicle improperly, or as a result of your violating any law, rule, regulation, and/or ordinance while using a Vehicle. You agree that Lime may, in its sole discretion, pay all tickets, citations, fines and/or penalties on your behalf directly to the appropriate authority, and You will pay us for what we paid to the appropriate authority or their designated agent(s) plus a reasonable administrative fee. You agree and acknowledge that we cooperate with all federal, state, municipal and local officials charged with enforcing infractions to provide any information necessary as they may request or may otherwise be required. You authorize Lime to bill you directly to the credit/debit card and/or other payment method on file with Your account. You authorize us to contact You directly regarding any tickets, citations, fines and/or penalties incurred by You or assessed against Lime or the Vehicle while the Vehicle was rented to You. In the event we use a third party collection and/or administrative agent to resolve any tickets, citations, fines and/or penalties, You agree to pay all costs and collection fees including, but not limited to, administrative and legal costs to such agent upon demand without protest. We may also charge a reasonable service fee for rentals in excess of 24 hours where the Vehicle is not considered lost or stolen.

1.4.6. Your Liability. To the fullest extent permitted by applicable law and without limiting anything else in this Agreement, Lime reserves the right to hold You fully responsible for all damage, losses, claims and liability arising from Your use of any Vehicle, including, without limitation: (a) physical or mechanical damage; (b) loss due to theft; (c) physical damage resulting from vandalism; (d) bodily injury of You or a third party; (e) third party claims; (f) actual charges for towing, storage and/or impound fees paid by Lime; and (g) administrative charges, including the cost of appraisal and other costs and expenses incident to the damage or loss.

1.4.7. Indemnification. To the fullest extent permitted by applicable law and without limiting Your indemnification obligations set forth in Section 8 of this Agreement, You agree to indemnify and hold harmless Lime from any tickets, citations, fines, penalties and administrative fees incurred as a result of Your use of a Vehicle, and any and all consequences, 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 arising from: (a) Your negligence or willful misconduct; or (b) Your breach of this Agreement.

1.4.8. Termination of Your Ability to Use Vehicles. At any time, in Lime’s sole and absolute discretion and without any notice or cause, Lime may unilaterally terminate this Your right to use a Vehicle. You may terminate your use of a Vehicle at any time. Upon any such termination noted in this Section 1.4.8: (a) Your right to access and use a Vehicle will terminate and You must immediately cease all such use; (b) You must pay Lime any unpaid amount that accrued before such termination; and (c) Sections 1.4.5, 1.4.6, 1.4.7 and 1.4.8 will survive.

1.5. You are a Competent Operator : You represent and certify that You are familiar with the operation of the Product, and You are reasonably competent and physically fit to use the Product. By choosing to use a Product, You assume all responsibilities and risks for any injuries and/or medical conditions, as detailed further below. You are responsible for determining weather conditions, including rain, snow, hail, ice or electrical storms, and/or any other conditions which, whether caused by the weather or otherwise, make it dangerous to operate a Product. You are advised to adjust Your riding behavior and braking distance to suit all conditions and variables, including weather and traffic.

1.6. Products are the Exclusive Property of Lime : You agree that the Products, and any Lime equipment attached thereto, at all times, remain the exclusive property of Lime. You must not dismantle, write on, or otherwise modify, repair or deface any Products, or any part of any of the Products, or any other Lime equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Products in any way. You must not use any Products for any advertising or commercial purpose.

1.7. Only Use Products Where Allowed : You expressly agree that You will only use the Products in areas where the Products are allowed by law, rule, regulation or ordinance. You agree that You will not use any Products in any restricted areas (such as cities that prohibit certain Products), and You assume all responsibility and liability for any operation of any Product in any restricted area, including, but not limited to, any fines or fees as a result of Your use of any of the Products in any restricted areas. Lime reserves the right to charge You up to $50, in Lime’s sole and absolute discretion, if You use any of the Products in any restricted areas (additional terms may apply with respect to Vehicles, as set forth in Section 1.4 above).

1.8. Compliance with Laws : You agree to follow all laws, rules, regulations, and/or ordinances pertaining to the use, riding and/or operation of the Products, including, without limitation, helmet laws.

YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY VIOLATION OF ANY LAWS, RULES, REGULATIONS, AND/OR ORDINANCES CAUSED BY YOUR USE OF THE SERVICES, INCLUDING IMPROPER RIDING AND/OR PARKING, AND YOU AGREE THAT 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 IMPOUNDING FEES CHARGED BY ANY LOCAL GOVERNMENT) AND/OR 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.

1.9. Payment of Fines, Fees and Administrative Fees :

1.9.1. You agree to pay any fines, fees, penalties, impounding charges, court costs, traffic tickets, tolls, and/or any other charges incurred by Lime, that result from You parking any Product improperly, or as a result of You violating any law, rule, regulation, and/or ordinance while using the Services.

1.9.2. You agree that We may, in Our sole discretion, pay all tickets, citations, fines and/or penalties on Your behalf directly to the appropriate authority, and You will pay us for what we paid to the appropriate authority or their designated agent(s) plus a reasonable administrative fee. You agree and acknowledge that we cooperate with all federal, state, municipal and local officials charged with enforcing infractions to provide any information necessary as they may request or may otherwise be required.

1.9.3. You authorize Us to bill You directly to the credit/debit card and/or other payment method You used to rent the Product.

1.9.4. You authorize Us to contact You directly regarding any tickets, citations, fines and/or penalties incurred by You or assessed against Us or to Our Product while the Product was rented to You.

1.9.5. In the event we use a third party collection and or administrative agent to resolve any tickets, citations, fines and/or penalties, You agree to pay all costs and collection fees including but not limited to administrative and legal costs to such agent upon demand without protest.

1.9.6. You agree to indemnify and hold us harmless for any tickets, citations, fines, penalties and/or administrative fees incurred as a result of Your use of Our Services.

1.10. Prohibited Acts : YOU EXPRESSLY CERTIFY AND AGREE THAT YOU WILL NOT:

1.10.1. Operate any Product in violation of any laws, rules, regulations, and/or ordinances, including any and all rules pertaining to riding any Products on sidewalks and/or parking Products.

1.10.2. Operate any Product while carrying any briefcase, backpack, bag, or other item if it impedes Your ability to operate safely the Product.

1.10.3. Use any cellular telephone, text messaging Device, portable music player, and/or any other Device that may distract You from safely operating any Product.

1.10.4. Operate any Product while under the influence of any alcohol, drugs, medication, and/or any other substance that may impair Your ability to safely operate any Product.

1.10.5. Carry any other person on any of the Products.

1.10.6. Use locking mechanisms other than those provided by Lime.

1.10.7. Park any Product in a manner that does not strictly comply with all applicable laws, rules, regulations, and/or ordinances. You expressly agree that You are responsible for becoming familiar with any and all applicable laws, rules, regulations, and/or ordinances in the location that You are operating any Product.

1.10.8. Park or place any Product in a manner that prevents Lime from accessing it. If You violate this Section, Lime may charge You up to $450, in Our sole and absolute discretion. Notwithstanding the foregoing, Your use of the Vehicles includes specific restrictions, as set forth in Section 1.4 above.

1.11. Products are Intended for Only Limited Types of Use : You agree that You will not use any Product for racing, mountain riding, stunt, or trick riding. You agree that You will not operate and/or use any Products on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal and/or a nuisance to others. You agree that You will not use any Products for hire or reward, nor use any Products in violation of any law, rule, regulation, and/or ordinance.

1.12. Weight and Cargo Limits : Except as otherwise set forth above in Section 1.4 with respect to Vehicles, You must not exceed the maximum weight limit for any Products (300 pounds) or the cargo carrier/basket on any Products (15 pounds), and You must not otherwise use the cargo carrier improperly with regard to type of contents or any visual obstruction or riding impediment. You acknowledge that the front carrier/basket and/or back basket of any Product is intended for light goods only, and that You will not carry people or animals anywhere on any Product.

1.13. No Tampering : You must not tamper with, attempt to gain unauthorized access to, or otherwise use any Services in a manner that does not comply with this Agreement.

1.14. Reporting of Damage or Crashes : You must report any accident, crash, damage, personal injury, stolen or lost Product to Lime as soon as possible. If a crash involves personal injury, property damage, or a stolen Product, You shall file a report with the local police department within 24 hours.

1.15. Assumption of Liability by You : YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY MISUSE, CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR 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.

1.16. You are Responsible for Product Damage; Vandalism : You agree to return any Product to Lime in the same condition in which such Product was rented. You agree that You will be responsible for the cost of repairing and/or replacing any Product that You damage and/or cause damage to. You will not be responsible for normal wear and tear of the Products. If You vandalize any Product, You shall be liable for up to $600 for each Bike, $2,000 for each Lime-E, and $1,500 for each Lime-S, in Lime’s sole and absolute discretion.