Privacy Policy

SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

SECTION 2 – CONSENT

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at support@ticspin.com

SECTION 3 – DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 – SHOPIFY

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment:

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.

SECTION 5 – THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 – SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

COOKIES

Here is a list of cookies that we use. We’ve listed them here so you can choose if you want to opt-out of cookies or not.

_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).

_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits

_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.

cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.

_secure_session_id, unique token, sessional

storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

SECTION 7 – AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 8 – CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at support@ticspin.com

[Re: Privacy Compliance Officer]

Shipping Details

All items will be picked up locally in Florida or Delivered locally. If shipped nationwide, shipping will be handled on a case by case basis. Additional fees apply for shipping. All sales final. Items must be inspected by the buyer. Once inspected and accepted, all sales final.

Terms & Conditions

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF APRIL 1, 2015.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Ticspin, located at 2740 Coral Way, Coral Gables, FL 33145, and our subsidiaries and affiliates, in association with the use of the Ticspin website, which includes www.ticspin.com (the “Site”) and its Services, which shall be defined below.

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is an e-commerce website which has the following description:

We design, manufacture, and sell inflatable stand-up paddle boards to adventurers everywhere.

Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “member.”

The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Ticspin. At its discretion, Ticspin may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Ticspin does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member , acknowledge, accept and agree that Ticspin shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided Services.

Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Ticspin shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

REGISTRATION

To register and become a “member” of the Site, you must be 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Ticspin Services under the laws and statutes of the United States or other applicable jurisdiction.

Furthermore, the registering party hereby acknowledges, understands and agrees to:

  1. furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
  2. maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Ticspin will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Ticspin Services, or any portion thereof.

It is Ticspin priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the Ticspin website platform Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.

PRIVACY POLICY

Every member’s registration data and various other personal information are strictly protected by the Ticspin Online Privacy Policy (see the full Privacy Policy at www.Ticspin.com/pages/privacy-policy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Ticspin and/or our subsidiaries and affiliates.

MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY

After completion of the registration data and creation of your username, you will receive a random password—which you can later change—and account designation. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify Ticspin immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Ticspin shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

CONDUCT

As a member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of Ticspin Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Ticspin.

Furthermore, you herein agree not to make use of Ticspin’s Services for the purpose of:

  1. uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
  2. causing harm to minors in any manner whatsoever;
  3. impersonating any individual or entity, including, but not limited to, any Ticspin officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
  4. forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
  5. uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
  6. uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
  7. uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
  8. uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
  9. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
  10. interfering with or disrupting any Ticspin Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
  11. intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
  12. providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
  13. “stalking” or with the intent to otherwise harass another individual; and/or
  14. collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

Ticspin herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.

Ticspin herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

  1. compliance with any legal process;
  2. enforcement of the TOS;
  3. responding to any claim that therein contained content is in violation of the rights of any third party;
  4. responding to requests for customer service; or
  5. protecting the rights, property or the personal safety of Ticspin, its visitors, users and members, including the general public. 

Ticspin herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Ticspin or any other content providers supplying content services to Ticspin. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

INTERSTATE COMMUNICATION

Upon registration, you hereby acknowledge that by using www.ticspin.com to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

  1. are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
  2. agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
  3. agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
  4. agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

Ticspin shall not lay claim to ownership of any content submitted by any visitor , member or user, or make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Ten Ticspin the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

The content submitted or made available for inclusion on the publicly accessible areas of Ticspin sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Ticspin sites, and shall terminate at such time when you elect to discontinue your membership.

  1. Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Ticspin sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Ticspin s sites and shall terminate at such time when you elect to discontinue your membership.
  2. For any other content submitted or made available for inclusion on the publicly accessible areas of Ticspin sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

Those areas which may be deemed “publicly accessible” areas of Ticspin sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both visitors and members . However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging .

CONTRIBUTIONS TO COMPANY WEBSITE

Ticspin provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:

  1. your Contributions do not contain any type of confidential or proprietary information;
  2. Ticspin shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions; 
  3. Ticspin shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
  4. the contributor’s Contributions shall automatically become the sole property of Ten Toes; and
  5. Ticspin is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

INDEMNITY 

All users and/or members herein agree to insure and hold Ticspin, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Ticspin Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

COMMERCIAL REUSE OF SERVICES

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Ticspin sites.

USE AND STORAGE GENERAL PRACTICES

You herein acknowledge that Ticspin may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by Ticspin nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on Ticspin servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that Ticspin has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Ticspin shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.

Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on Ticspin servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on www.ticspin.com. It is your agreement to this TOS which establishes your consent to allow Ticspin to store any and all communications on its servers.

MODIFICATIONS 

Ticspin shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

TERMINATION

As a member of www.ticspin.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to support@ticspin.com. 

As a member, you agree that Ticspin may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to: 

  1. any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
  2. by way of requests from law enforcement or any other governmental agencies;
  3. the discontinuance, alteration and/or material modification to our Services, or any part thereof;
  4. unexpected technical or security issues and/or problems;
  5. any extended periods of inactivity;
  6. any engagement by you in any fraudulent or illegal activities; and/or
  7. the nonpayment of any associated fees that may be owed by you in connection with your www.Ticspin.com account Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

The termination of your account with www.Ticspin.com shall include any and/or all of the following: 

  1. the removal of any access to all or part of the Services offered within www.Ticspin.com;
  2. the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
  3. the barring of any further use of all or part of our Services.

 

ADVERTISERS 

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Ticspin shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

LINKS

Either Ticspin or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Ticspin shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that Ticspin Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Ticspin or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Ticspin Services (e.g. Content or Software), in whole or part.

Ticspin herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Ticspin for use in accessing our Services.

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  1. THE USE OF TICSPINSPEC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. TICSPINSPEC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. TICSPINSPEC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) TICSPINSPEC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) TICSPINSPEC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE TICSPINSPEC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
  3. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY OF TICSPINSPEC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
  4. NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM TICSPINSPEC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
  5. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT TICSPINSPEC AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

  1. THE USE OR INABILITY TO USE OUR SERVICE;
  2. THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;
  3. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
  4. STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE;
  5. AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. Ticspin content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. Ticspin and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.

EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

THIRD PARTY BENEFICIARIES

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be third-party beneficiaries to this agreement.

NOTICE 

Ticspin may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the Ticspin trademarks, copyright, trade name, service marks, and other Ticspin logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Ticspin. You herein agree not to display and/or use in any manner the Ticspin logo or marks.

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

Ticspin will always respect the intellectual property of others, and we ask that all of our users to the same. With regards to appropriate circumstances and at its sole discretion, Ticspin may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

  1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
  3. A description of the location of the site which you allege has been infringing upon your work;
  4. The physical address, telephone number, and email address;
  5. A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
  6. And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

The Ticspin Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Mailing Address:

Ticspinspec
Attn: Copyright Agent
2740 Coral Way, Coral Gables, FL 33145

 Email:       support@Ticspin.com

CLOSED CAPTIONING

BE IT KNOWN, that Ticspin complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at www.Ticspin.com

 

GENERAL INFORMATION

ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and Ticspin and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Ticspin. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Ticspin Services, affiliate Services, third-party content or third-party software.

CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and Ticspin with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Florida without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Ticspin shall be filed within the courts having jurisdiction within the County of Miami-Dade, Florida or the U.S. District Court located in said state. You and Ticspin agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

WAIVER AND SEVERABILITY OF TERMS

At any time, should Ticspin fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.

VIOLATIONS

 Please report any and all violations of this TOS to Ticspin as follows:

Mailing Address:

Ticspin
Attn: Copyright Agent
2200 16th ST, Suite 206,  Miami, FL 33145

Email:       Support@Ticspin.com

Terms of Use Rental

RIDER’S RENTAL AGREEMENT, RELEASE OF LIABILITY & ASSUMPTION OF RISK INDEMNITY AND HOLD HARMLESS

 

THIS IS A LEGAL AND BINDING AGREEMENT. RIDERS SHOULD READ ALL TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE AGREEING TO ENTER INTO THIS AGREEMENT. BY ENTERING INTO THIS AGREEMENT, RIDER IS PERMITTED TO USE BIKES PROVIDED BY GOODS BY J, LLC, AS PART OF THE TICSPIN BIKE PROGRAM IN MIAMI WITH CERTAIN USE RESTRICTIONS AS A CONDITION FOR USE OF THE BIKE. ADDITIONALLY, RIDER RELEASES AND WAIVES CERTAIN RIGHTS AND CLAIMS, AS WELL AS ACCEPTING CERTAIN RESPONSIBILITIES.

 

THE TICSPIN BIKE PROGRAM IN MIAMI, IS AN AUTOMATED PUBLIC BICYCLE SHARING AND RENTAL PROGRAM OPERATED BY TICSPINBIKE (THE “PROGRAM”). IT DIFFERS FROM A TYPICAL PRIVATE BICYCLE RENTAL. TWO TYPES OF ACCESS TO THE AUTOMATED PROGRAM ARE OFFERED: MEMBERSHIPS OR RENTALS.

 

MEMBERSHIPS: FOR ALL TYPES OF PROGRAM MEMBERSHIPS, BIKES ARE REQUIRED TO BE DOCKED INTO TICSPINBIKE STATION LOCATIONS AT SPECIFIC TIME INTERVALS (TIME INTERVAL VARIES DEPENDING ON MEMBERSHIP TYPE) OR ADDITIONAL CHARGES/LATE FEES MAY APPLY PER THE POSTED RATES, WHICH IS TYPICAL OF PUBLIC BIKE SHARING PROGRAMS. A BIKE IS NOT TO BE KEPT FOR LONGER THAN A ONE DAY OR FOR MUTLIPLE DAYS BY THE RIDER. A MAXIMUM DAILY RATE OF $75 PER DAY WILL APPLY FOR ANY BIKE NOT RETURNED IN THE PRESCRIBED MEMBERSHIP USE PERIOD. IF RIDER FAILS TO RETURN BIKE WITHIN 25 HOURS OF THE EXPIRATION OF THEIR ORIGINAL MEMBERSHIP USE PERIOD, RIDER WILL BE CHARGED A FEE OF $200.

 

RENTALS: FOR ALL PROGRAM RENTALS ORIGINATING AT A PROGRAM STATION, THE RIDER MAY KEEP BIKE FOR THE ENTIRE TIME OF RENTAL WITHOUT THE NEED TO DOCK BIKE AT A PROGRAM STATION. RIDER MAY, AT ITS OPTION, DOCK BIKE AT ANY TICSPINBIKE STATION WHEN NOT IN USE AND RETRIEVE THE SAME OR ANOTHER BIKE WITH SAME CREDIT/DEBIT CARD DURING THE INITIAL RENTAL PERIOD WITHOUT INCURRING ADDITIONAL FEES. IF BIKE IS NOT RETURNED PRIOR TO THE END OF THE INITIAL RENTAL PERIOD, ADDITIONAL CHARGES/FEES MAY APPLY PER THE POSTED RATES. A MAXIMUM DAILY RENTAL RATE OF $75 PER DAY WILL APPLY FOR ANY BIKE NOT RETURNED IN THE PRESCRIBED RENTAL PERIOD. IF RIDER FAILS TO RETURN BIKE WITHIN 25 HOURS OF THE EXPIRATION OF THEIR ORIGINAL RENTAL TERM, RIDER WILL BE CHARGED A FEE OF $200.

 

TICSPINBIKE LLC, FROM TIME TO TIME, PARTICIPATES IN “SPECIAL EVENTS” IN A NON-AUTOMATED FORMAT AND PROVIDE BIKES TO USE ON A COMPLIMENTARY BASIS, OR FOR A FEE, WITHOUT USING AUTOMATED TICSPINBIKE STATIONS TO CHECK BIKES OUT FROM OR RETURN BIKES TO. WHETHER A RIDER PAYS FOR USE OF THE BIKE OR IT IS PROVIDED ON A COMPLIMENTARY BASIS, ALL TERMS AND CONDITIONS, RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AND HOLD HARMLESS TERMS OF THIS AGREEMENT STILL APPLY TO RIDER’S USE OF THE BIKE (WITH THE EXCEPTION OF BILLING ITEMS UNIQUE FOR MEMBERSHIPS AND AUTOMATED RENTALS). IF BIKE IS NOT RETURNED PRIOR TO THE END OF THE INITIAL SPECIAL EVENT RENTAL PERIOD, ADDITIONAL CHARGES/FEES WILL APPLY AT THE RATE OF $4 FOR EACH ADDITIONAL 30-MINUTE PERIOD UNTIL RETURNED, UP TO A MAXIMUM DAILY RENTAL RATE OF $75 PER DAY. IF RIDER FAILS TO RETURN BIKE WITHIN 25 HOURS OF THE EXPIRATION OF THEIR ORIGINAL SPECIAL EVENT RENTAL TERM, RIDER WILL BE CHARGED A FEE OF $200.

 

    PURPOSE OF AGREEMENT

    This document constitutes the entire Agreement (“Agreement”) between the Rider (“Rider”), the individual agreeing to be bound by the terms of this document and to use and rental of a bike (“the Bike”) accordingly, and GOODS BY J, LLC,(“Ticspin”). Ticspinbank, N.A. (“Ticspin”) shall be considered a third party beneficiary of this Agreement. For purposes of this Agreement, wherever Ticspin is referred to below such definition shall include all of Ticspin’s members, managers, employees and investors.

    GENERAL RULES & RESTRICTION FOR BIKE USE AND RENTAL

        Age Restriction: Rider is and must be 18 years of age or older. Rider certifies and guarantees that he/she meets this requirement. If Rider falsifies or misrepresents, unintentionally or intentionally, Rider’s age, the Rider accepts full responsibility for any and all damages, demands, consequences, causes of action, losses, injuries, court and litigation costs, attorney’s fees, penalties, fines, legal actions of any kind, judgments, expenditures of any type or nature whatsoever related to such misrepresentations, whether intentional or unintentional.

        Helmet Warning: Failing to wear a helmet could result in serious bodily injury or death in the event of an accident or collision. As a preventive measure, Ticspin recommends that all Riders use a properly fitted helmet at all times when operating the Bike. It is the Rider’s sole responsibility to utilize a helmet. Rider agrees that in consideration of the use and rental of the Bike, Ticspin, Ticspin and its and their agents, directors, officers, shareholders, successors, assigns, subsidiaries, parent organizations and affiliates, shall not be liable or responsible for any damages or injuries caused by or relating to Rider failing to wear a properly fitted and/or fastened helmet.

        Requirement to Inspect Bike Prior to Operating: Rider agrees to carefully inspect the Bike he/she wishes to ride prior to riding the Bike, and shall, while within 15 feet of the place of rental, test the Bike’s operating components including but not limited to: the chain, brakes, pedals, lights, tires, frame and seat. This is not intended to be an extensive or exhaustive list. Rider agrees, prior to operating the Bike, that he/she will notify Ticspin if there appear to be any issues with the Bike and if Rider rides any Bike that Rider that later determines is not operating properly, Rider will immediately stop riding the Bike, return the Bike and notify Ticspin. Rider should adjust seat height to fit their body frame prior to operating the Bike.

        Requirement to Discontinue Use: Rider expressly agrees that he/she shall discontinue use of the Bike immediately and return it to a Program Station if it, or any component of it, should become defective or malfunction while riding the Bike and during any use or operation of the Bike and Rider shall notify Ticspin customer service. Ticspin may, at its sole discretion, issue another Bike to Rider, pick up the Bike at issue, or provide any other related services.

        Rider Experienced with Bicycle Operation: Rider asserts, represents and certifies that he/she is experienced and familiar with the safe and competent operation of a bicycle, and further, that he/she is physically and mentally fit to ride the Bike. Rider is solely responsible for any injury or damages resulting from improper or unsafe operation of the Bike. If rider has any existing physical or mental condition that would prohibit Rider from safely operating the Bike, he/she is prohibited from riding the Bike.

        Rider Restricted from riding or operating the Bike in adverse weather conditions: Rider agrees that he/she will not ride, operate or use a bike in any manner during adverse weather conditions, including but not limited to: tornados, hurricanes, fog, heavy rains, or lightning storms.

        Rider Restricted from using or operating a Bike while Impaired: Rider expressly agrees that he/she shall not ride or attempt to operate a Bike if he/she is under the influence of drugs or alcohol and/or impaired with an alcohol level above what is legally permissible under state or local laws. Rider assumes all risks and liabilities resulting from any and all use or attempted use of a Bike while impaired. Operating a Bike while impaired or under the influence can cause death or serious bodily injury as well as endangering the safety of others.

        Rider Required to Comply with all applicable local, state, and county rules, regulations, codes and laws that relate to the safe operation of a bicycle. Rider certifies he/she has familiarized himself/herself with such prior to riding or operating a Bike. Should Rider wish to further review such regulations, they can be obtained from the State of Florida, the Florida Bicycle Organization and on the internet.

        Restrictions of Type of Use of Bike: Rider agrees not to use the Bike for racing, tricks riding, jumping, stunt riding and/or, off-road riding. Rider further agrees not to use the Bike for any commercial or hire purposes. Rider shall not ride the Bike on unpaved roads, through puddles or water, or any other uses/places prohibited by law. Rider agrees not to tow, pull, carry or push any person or object with Bike as such can create an unsafe condition. Rider agrees to be seated at all times while pedaling and shall not pedal the Bike while in a standing position. Pedaling the Bike from an upright, standing position may create a dangerous condition and increase Rider’s chance of an injury.

        Bike is and shall remain the exclusive property of Ticspin at all times. Rider shall not remove or modify any accessories, parts or components of the Bike as it is a criminal act to do so.

        Rider shall not permit others to ride upon or use Bike: Rider is expressly prohibited from allowing any 3rd party to ride upon or use the Bike in any capacity whatsoever, as the Bike is the exclusive property of Ticspin. Rider is prohibited from allowing anyone else upon any part of the Bike at all times.

        Restricted use of Front Basket: Rider agrees that he/she will not use the basket for any purpose other than carrying small and light items while riding the Bike. Rider acknowledges the basket is for light items only and that he/she should not overfill the basket with too many items or heavy items as it can cause an unsafe condition and may impair the balance, steering and/or stability of the Bike which can result in injury to Rider. Ticspin is not responsible for damage or loss to any items being transported, carried or left in the Bike basket and Rider is solely responsible for such items at all times.

        Rider required to report accidents or incidences of theft, loss and damage to Police: Rider must contact Ticspin and local Police immediately in the event of theft of the Bike or an accident that occurred during Rider’s use of Bike resulting in bodily injury. A police report should be obtained in any of these events and provided to Ticspin upon request within 5 business days of the incident as provided below and contain the facts surrounding the incident and contact information for witnesses and anyone else involved in the accident/incident.

        Rider’s liability in the event of theft or loss of Bike: Rider shall be liable and responsible for any costs, claims, judgments, demands, damages, injuries, expenses, penalties, expenditures of any nature, causes of action, losses, attorney’s fees and court costs of any kind relating to a stolen, lost or damaged Bike. If Rider leaves Bike unlocked or unattended and it is stolen, Rider is expressly responsible for its replacement cost.

        Rider Responsibility for Damage to Bike or Other Property: Rider expressly agrees to return the Bike to Ticspin in the same condition as when received. Rider is liable for any and all damages resulting from improper use or abuse of the Bike and the cost of such damages shall become due and payable at standard labor and parts rates upon invoicing by Ticspin to Rider. If Bike is permanently damaged and must be removed from circulation, Rider shall be responsible for furnishing Ticspin with the replacement cost of the Bike, due and payable upon invoicing by Ticspin to Rider. Email, express courier and USPS are all acceptable methods to deliver such invoices from Ticspin. Rider is restricted from renting a bike that has visible defects or damage that may interfere with the safe operation of the Bike. Should Rider cause damage to the property of another party while operating or in possession of the bike, Rider is solely liable for such damage.

        Requirement to Secure Bike at All Times: Rider agrees to maintain the Bike in a secure manner at all times which should be returned or stored at Program Stations. Bikes may or may not be equipped with onboard cable, chain or wire locks. Under any and all circumstances, Ticspin is not responsible for any lost, stolen, destroyed or damaged Bikes regardless of whether locks are utilized and/or properly functioning. Rider expressly agrees that he/she shall pay for any damages to the Bike caused by Rider or anyone else during Rider’s rental or use period of the Bike. Any required repairs will be performed and billed at normal labor rates and parts/materials costs. Should a Bike be damaged to the point that it is no longer function or safe to operate, Rider agrees to pay Ticspin the full replacement value of the Bike.

        Requirement to acknowledge that No Insurance is Provided under this Agreement: Rider expressly acknowledges and agrees that Ticspin does not provide insurance of any kind including but not limited to: property damage, liability, personal injury, injury to others, damages, penalties, fines, losses, and/or expenses of any kind whatsoever.

        Rider agrees to conditions regarding payment for unreturned, damaged, lost or stolen Bike: Rider agrees that if the Bike is not returned to a designated Ticspin location within the allocated time period as described herein, or the Bike is otherwise damaged beyond repair, lost or stolen, Ticspin will immediately charge Rider a $ fee which will be charged directly to the credit and or debit card that Rider used to rent the Bike and/or in a subsequent invoice to Rider, payable upon receipt. Rider shall be personally liable for the payment of the fee even if their credit or debit card lacks sufficient funds to cover the fee.

        Rider participating in a public bicycle sharing program: Rider understands that he/she is participating in a public bicycle sharing program, and that unlike a standard private bicycle rental, Rider is required to check bikes in and out of stations periodically so that such bikes are available to the next user when accessing the program via a MEMBERSHIP. When not in use, Rider should always dock the bike at a Ticspin station location and Rider may select any other available bike when ready to ride again. Rider is prohibited from keeping or possessing a specific bike for an entire day or multiple days when accessing program via a membership. If Rider selects a bike sharing program MEMBERSHIP Rider shall be permitted to ride an unlimited number of trips during such membership period to get Rider from station to station. The duration of each trip shall be limited to the type of membership selected by Rider.

        If Rider selects to access the program via a RENTAL (different from membership), Rider shall promptly return such bike to a Ticspin location at the end of the rental period or he/she shall incur additional charges at the posted rate and as otherwise described herein.

        Rider Responsibility for Acts of Destruction; Recovery of Costs; Prosecution; Rider agrees that any willful or negligent act of destruction of the Bike and/or Ticspin property will result in prosecution to the fullest extent of the law and Ticspin will seek the recovery of all costs and administration chares from Rider, including attorney’s fees and costs.

        Rider responsibility for Tickets, Fees and Fines: Rider agrees that he/she is solely responsible and will not hold Ticspin, Ticspin and/or any of its or their agents, directors, officers, shareholders, employees, successors, assigns, subsidiaries, parent organizations, and/or affiliates liable for any moving violation, fines, and/or illegal activities incurred by Rider while using, riding and/or operating the Bike. Rider agrees to pay on demand all fines, and court costs, including administrative fees for parking, bus lane, traffic or other legal and/or moving violations assessed against the Bike, the Rider or Ticspin or Ticspin during the rental or use of the Bike by Rider. Rider agrees to pay Ticspin or Ticspin for any costs, expenses and/or attorney’s fees for processing, pursuing and/or defending any such claims.

        Police Authorized to Stop Any Person Riding or in Possession of the Bike(s): Ticspin Bike LLC has specifically authorized local, county and state Police to stop any person riding or possessing a Bike at their request for safety and/or security purposes. This may include any Bike that appears damaged, altered, is missing its bike identification number(s), and/or has been checked out longer than the Bike’s last corresponding rental/membership use period. Police may ask Rider to present any of the following forms of identification to ensure the Rider or person in possession of the Bike(s) is authorized to have, or be using, the Bike(s): (a) Membership card if Rider is a membership subscriber, (b) the credit or debit card used to rent the bike if Rider is not a membership subscriber, and/or (c) a form of government issued identification such as a driver’s license of state issue ID card.

    Waiver and/or Limitation of Liability

        For and in consideration of rental and use of Bike, Rider expressly forever releases and relinquishes and discharges Ticspin, Ticspin and/or any of its or their agents, directors, officers, shareholders, employees, successors, assigns, subsidiaries, parent organizations, and/or affiliates from any and all claims and/or liability, causes of action and/or damages including for personal injury, wrongful death, property damage, injury to others and/or third parties which arise from or related directly or indirectly to this Agreement; the rental, use and/or operation of the Bike; the Program or the Program website, including any and all claims, liability, causes of action and/or damages related to the sole or partial negligence of any non-related third party. By this Agreement any such claims, rights and causes of action that Rider (and Rider’s legal guardian(s), if applicable) may have are hereby waived, released and relinquished, and Rider does so on behalf of Rider’s heirs, executors, administrators and assigns.

        Rider expressly agrees to release and hold harmless Ticspin, Ticspin and/or any of it or their agents, directors, officers, shareholders, employees, successors, assigns, subsidiaries, parent organizations, and/or affiliates from all liability for any such property damage or loss, personal injury or loss of life, whether caused by the sole or partial negligence of a non-related third party others, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using and/or operating the Bike. Rider voluntarily agrees, understands and acknowledges that Rider will have no right to make a claim or file a lawsuit against Ticspin or any of their agents, directors, officers, shareholders, employees, successors, assigns, subsidiaries, parent organizations, and/or affiliate es arising out of this Agreement; the rental, use and/or operation of the Bike; the Program and/or the Program website, in consideration for using and/or operating the Bike.

    Assumption of Risks and Acceptance of Responsibility

        Rider expressly acknowledges and accepts that Rider rides at his/her own Risk. Rider accepts the Bike for use, exercising his/her own free choice to participate voluntarily in this activity. Rider promises and agrees to take due care during such rental, use, participation and/or operation of the Bike. Rider understands that bicycling may be a hazardous activity. Rider acknowledges, understands and assumes all risk relating to the rental, maintenance, design, use and/or operation of the Bike and understands that bicycling involves risk to the Rider and others including bodily injury, partial or total disability, paralysis and death, and damages which may arise therefrom and that Rider has full knowledge of said risks and dangers. Rider understands that bicycling protective gear such as helmets and gloves are not provided but are recommended. Rider expressly understands that such gear, even when used, does not eliminate the risk of injury in the event of an accident.

        Rider acknowledges that there may be risks and dangers not known to Rider or not reasonably foreseeable at this time related to bicycling, maintenance, design, rental, use and/or operation of the Bike, and Rider assumes responsibility for any and all such risks and dangers. Rider acknowledges and understands that risks and dangers related to the rental, maintenance, design, use and/or operation of the Bike may be caused by the negligence of the Riders or others including Ticspin and Ticspin’s Parties. Rider assumes responsibility for all such risks and dangers.

        Rider freely and expressly assumes an accepts any risks and all injuries to the Rider, Rider’s personal property, and any others injured or damaged as a result of the rental, maintenance, design, use and/or operation of the Bike. Rider acknowledges, understands and agrees that all of the risk and dangers related to the rental, maintenance, design use and/or operation of the Bike, including those caused by the negligence of others, are included within the waiver, release and relinquishment of liability contained in this Agreement.

    Arbitration. Rider expressly agrees that Ticspin, at its sole discretion, may submit any disputes whatsoever arising out of, resulting from, and/or relating to this Agreement; the rental, use and/or operation of the Bike, the Ticspin program, and/or the Ticspin website, to final and binding arbitration under the Rules of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said rules. Notwithstanding these rules, however, such proceeding shall be held in the County of Miami Dade by the laws of the State of Florida. All arbitration proceedings will be conducted in the English language. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any part other than the direction to pay a monetary amount. Further, the arbitrators shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.

    No Warranty. Neither Ticspin nor Ticspin provides any warranties, express or implied. There is no warranty of merchantability or fitness for a particular purpose, and the Bike and Ticspin equipment is accepted “As Is”.

    Service Interruptions. Neither Ticspin nor Ticspin shall be liable for, or owe a refund to, Rider for any interruptions in service caused by or reasonably attributed to public unrest, government orders to temporarily cease operations for health and other public safety matters, emergencies, labor strikes, adverse weather conditions, criminal acts of others and acts of god, as well as mechanical/technical failures of internet, cellular and data hosts/service providers, both wired and/or wireless.

    Indemnification. In consideration for the use of the Bike, Rider expressly agrees to indemnify, defend, protect and hold harmless Ticspin, Ticspin and/or any of its or their agents, directors, officers, shareholders, employees, successors, assigns, subsidiaries, parent organizations, and/or affiliates against any and all claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorneys fees, judgments, suits, including claims brought by a third party, or disbursements of any kind of nature whatsoever related to, resulting from , regarding or referencing this Agreement, the rental, maintenance, design , and use and/or operation of the Bike, the Program and/or the Program website.

    Jurisdiction & Governing Law for All Proceedings. Rider expressly agrees that in the event of any proceeding, dispute, claim or controversy arising out of, resulting from and/or relating to this Agreement, the rental, maintenance, design, use and/or operation of the Bike, the Ticspin program and/or the Ticspin website shall be construed in accordance with and governed in all respects by the laws of the State of Florida, venue shall be Miami Dade County. Rider expressly agrees to submit to the exclusive jurisdiction of the State of Florida courts. Ticspin may assign its rights and duties under this Agreement to any party at any time without notice to Rider.

    No Waiver. Ticspin’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any part of this Agreement. No waiver by Ticspin shall be construed as a waiver of any proceeding or succeeding breach of any provision in this Agreement.

    Termination of Agreement. Ticspin may terminate this Agreement at any time, without cause, legal process, or notice to the Rider. Rider waives all claims, causes of actions, expenses, and/or damages connected and/or related to any such termination.

    Severability. Each provision of this Agreement, including any exclusions or limitations of liability, shall be construed separately, applying and surviving even if for any provision in this Agreement is held to be inapplicable or unenforceable under any circumstances.

    Entire Agreement: This Agreement constitutes the final and entire Agreement between Ticspin and Rider. This Agreement represents the entire understanding between Ticspin and Rider and prevails over any prior or contemporaneous, conflicting or additional, communications, unless Ticspin revises or modifies this Agreement. Ticspin shall have the right to revise, change and modify the terms and conditions contained in this Agreement at any time without prior written notification by posting the revised Agreement on the Ticspin website. Riders shall be solely responsible for reviewing and becoming familiar with any modification to this Agreement. Use and/or operation of the Bike by Rider following any modifications to this Agreement constitutes Rider’s acceptance of the terms and conditions as modified.

    Acceptance of Agreement by Rider. Rider expressly acknowledges that he or she has carefully read the entire Agreement, including the terms and conditions, and understands this Agreement, including but not limited to the Waiver of Liability, Assumption of Risk and Indemnification Provisions, fully, and expressly agrees to be bound by this Agreement. Rider voluntarily gives his or her consent and expressly agrees to all the conditions included in this Agreement as set forth above.

 

RIDER HAS READ, UNDERSTANDS AND EXPRESSLY AGREES TO THE ABOVE AGREEMENT AND TERMS AND CONDITIONS. BY ACCEPTING THIS AGREEMENT AND CHECKING OUT A BIKE AT A PROGRAM KIOSK (EITHER THROUGH A MEMBERSHIP OR RENTAL), RIDER HAS AFFIRMATIVELY AGREED TO ENTER INTO THIS AGREEMENT.