Rider must input a valid credit or debit card number and expiration date before Rider will be registered to use the Service. A Rider’s credit or debit card will be pre-authorized for sufficient funds prior to receiving a Bike. There may be a temporary hold of funds on a Rider’s credit card for each trip taken. Rider represents and warrants to YOGO that Rider is authorized to use any card Rider furnishes to YOGO. Rider authorizes YOGO to charge card for all fees incurred by Rider. If Rider disputes any charge on credit or debit card account, then Rider must contact YOGO within ten (10) business days from the end of the month with the disputed charge and provide to YOGO all trip information that is necessary to identify the disputed charge, including the date of the trip and the approximate starting and ending times. Rider agrees to immediately inform YOGO of all changes relating to card.
YOGO may collect precise or approximate bike location as determined through GPS data. All personally identifiable information that is held by YOGO and pertains to Riders, including all names, addresses, phone numbers, email addresses, credit and debit card numbers, membership numbers, and card numbers will be kept confidential by YOGO provided, however, that (i) if there is any accident where a Rider is unable to communicate personal information to the appropriate authorities, then YOGO may, in its sole discretion, provide the Rider’s name, address, phone number, and other important information to such authorities, (ii) if YOGO receives a subpoena from any court or other authority, then YOGO will provide all requested information in accordance with applicable law, and (iii) YOGO may disclose aggregate and other data about Riders in accordance with applicable law, including, without limitation, general latitude and longitude data for Rider addresses provided that this would not allow any individual’s address to be separately identified, and (iv) YOGO may disclose individual data to a third party upon Rider’s express permission and consent.
This Agreement is governed by and must be construed and enforced in accordance with the laws of the State of Ohio, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees whether incurred at trial, on appeal, or otherwise incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of Ohio and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in Youngstown, Ohio; and (iv) the parties must submit the dispute to mandatory mediation held in the State of Ohio. Every mediation must be completed within six (6) months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the six-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.
No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.
This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time and without Rider’s consent YOGO may unilaterally amend, modify, or change this Agreement in its sole discretion and without any notice or cause. By continuing to use any Service after any amendment, modification, or change, Rider has agreed to be bound by all such amendments, modifications, and changes. Rider must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, YOGO will post a notification on the Website. The pricing set forth on the Website supersedes all pricing set forth in this Agreement.
The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not exclusive in its meaning. “Including” means “including, but not limited to.” Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neutral pronoun forms.