EFFECTIVE DATE: August 25, 2014
THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH PRONTO.
1.General Site Use
A. Copyright and Trademark
The Site design, text and graphics, and the selection and arrangement of such elements, are copyrighted and are protected by worldwide copyright laws and treaty provisions. Pronto owns or has been granted rights to use all images, product and service marks, logos, and other content displayed on the Site.
B. Limited License
You are granted a limited, revocable license to access and use the Site for your personal use in accordance with these Terms. This license does not include, and you are expressly prohibited from: (i) creating derivative works using the Site or its contents; (ii) using data mining tools, bots, spiders, scrapers or similar data gathering techniques and tools; (iii) framing or using framing technology to enclose any Site content without our express written consent; and (iv) using any meta tags that uses our name or any of our trademarks or services marks. No material from our Site may be copied, reproduced, republished, downloaded, posted, displayed, transmitted, or distributed in any way. Except as expressly provided herein, Pronto do not grant any express or implied right to you under any patents, copyrights, trademarks or other intellectual property or proprietary rights. Pronto may terminate this license and your rights to use the Site for any reason at any time. All rights not expressly granted herein are reserved by Pronto.
C.Links to Other Materials
Linked sites are not under our control, and Pronto is not responsible for the content or practices of any linked site or any link contained in a linked site. Pronto reserves the right to terminate any link or linking program at any time. Pronto provides such links only as a convenience to you. Pronto has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links and make no warranties or representations regarding such sites or the information or content appearing on such sites. If you decide to access any third party sites linked to this Site, you do so entirely at your own risk.
D. Minors; Territory
The Site is not intended to be accessed by persons under the age of 18. Pronto operates this Site from its offices within the United States. Pronto makes no representation that content and materials on this Site are legal or appropriate for use from outside the United States. Please keep in mind that this Site may not conform with the laws of your country. If you access this Site from outside the United States, you do so at your own risk. You may not use this Site in violation of United States export laws and regulations.
In order to access or use some of the features on the Site, you may first be required to agree to the terms of our Bicycle User Agreement, Liability Waiver, and Release, and register (i) as a member through our online registration process at https://secure.prontocycleshare.com/en/register, or (ii) at an on-street kiosk.
If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password). You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity. You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
2. Copyright Violations
A. Notification of Alleged Copyright Infringement
If you believe that your copyrighted work is being displayed or used on the Site in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. §512(c)(3) that contains substantially the following information:
- Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that Pronto can locate the material.
- Identify the URL or other specific location on the Site that contains the material that you claim infringes your copyright described above. You must provide Pronto with reasonably sufficient information to locate the alleged infringing material.
- Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
- A statement that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
- Your name, mailing address, telephone number, and e-mail address.
Submit your Notification of Alleged Copyright Infringement to our Designated Agent by mail or e-mail as set forth below:
Designated Copyright Agent
5202 3rd Avenue
Brooklyn, NY 11220
Upon receipt of a proper Notification of Alleged Copyright Infringement as set forth above, Pronto will remove the allegedly infringing Content and notify the alleged infringer. The alleged infringer will also be notified of the DMCA Counter Notification procedure set forth below.
B. Counter Notification
If you believe your copyrighted material has been removed from the Site as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. §512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is located outside the United States, for any judicial district in which the service provider may be found.
- A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party’s agent.
- Your name, mailing address, telephone number, and e-mail address.
- A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your physical signature or electronic signature.
3. Trademark and Other Intellectual Property Violations
A. Notification of Alleged Infringement
If you believe that your trademark, trade name, logo, or other intellectual property or proprietary rights are being displayed or used on the Site in violation of your rights, please contact us via email to firstname.lastname@example.org that includes (i) your name, email address, phone number, and physical address, (ii) sufficient information to identify the infringing content (such as a URL), and (iii) a description of your rights and why you believe they are being violated by the identified content.
4. Disclaimer of Warranties
PRONTO MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. PRONTO UNDERTAKES NO OBLIGATION TO UPDATE, AMEND, OR CLARIFY THE SITE.
B. No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. YOUR USE OF THE SITE AND ANY SERVICE IS AT YOUR SOLE RISK. PRONTO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, AND LACK OF NEGLIGENCE.
5. Limitation of Liability and Remedies
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PRONTO BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE, EVEN IF PRONTO KNOWS OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD PRONTO HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DEMANDS, PENALTIES, FORFEITURES, SUITS, JUDGMENTS AND THE ASSOCIATED COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHICH PRONTO MAY HEREAFTER INCUR, BECOME RESPONSIBLE FOR OR PAY OUT ARISING OUT OF YOUR USE OF THE SITE, YOUR LINKING TO THE SITE, OR YOUR BREACH OF ANY TERM OR PROVISION OF THESE TERMS.
6. General Terms
Except for actual or alleged infringements of Pronto’s intellectual property rights, any other dispute or claim relating in any way to your use of the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Puget Sound Bike Share d/b/a Pronto Cycle Share:
5202 3rd Avenue
Brooklyn, NY 11220
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
Except for actual or alleged infringements of Pronto’s intellectual property rights, we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
B. Governing Law
These Terms shall be governed by and interpreted according to the laws of the State of Washington, without regard to conflict of laws principles.. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
C. Equitable Relief
You recognize and acknowledge that a breach by you of any of your obligations under these Terms will cause Pronto irreparable damage, which cannot be readily remedied by monetary damages in an action at law. Accordingly, in the event of any default or breach by you, including any action by you that could cause some loss or dilution of Pronto’s goodwill, reputation, or rights in the Site, Pronto shall be entitled to an immediate injunction in addition to any other remedies available, to stop or prevent such irreparable harm, loss or dilution.
D. Changes to these Terms
Pronto reserves the right to change these Terms at any time. When material changes have been made to these Terms, Pronto will indicate this fact on the Site with a link to the revised version of these Terms and may provide notice to members of the revised Terms via email. Please check these Terms regularly to review the changes. Your continued use of the Site following the effective date of the change indicates your consent to the Terms posted at the time of use.