Last Revised: November 21, 2022
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS RELEASES, WAIVERS, DISCLAIMERS, ASSUMPTION-OF-RISK PROVISIONS, AND A BINDING ARBITRATION AGREEMENT THAT LIMIT YOUR LEGAL RIGHTS AND REMEDIES. IT ALSO SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES. CAPITALIZED TERMS HAVE THE MEANINGS GIVEN TO THEM WHERE DEFINED IN THIS AGREEMENT.
THE SERVICES PROVIDED BY REVEL TRANSIT INC. (“REVEL” OR “COMPANY”) ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF THIS RENTAL AGREEMENT. BY EITHER ACCEPTING THIS RENTAL AGREEMENT OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Welcome to Revel!
Welcome to Revel, an all-electric moped rideshare built to make getting around fast, affordable and way more fun! We were founded on the idea that there’s a better way around. That’s why our goal isn’t just to get you to your destination. It’s to help you make your way.
First, you will need to become a Member before you may access the Services and the Revel Mopeds. Just download the App, which can be found on Google Play and the Apple App Store, and register quickly and easily. You will need a valid driver’s license and credit card to register.
IMPORTANT BULLET POINTS
HERE ARE THE DEFINITIONS WE USE IN THIS AGREEMENT:
1.01 “Authorized Passenger” means a second adult person separate from Member who is at least 18 years old and is a non-operating passenger/rider on the Moped that is operated by the Member, where allowed by applicable law. An Authorized Passenger must not operate the Moped, must wear the provided Safety Helmet or another Department of Transportation (DOT) approved safety helmet, and must also otherwise comply with all rules, regulations and laws required for passengers of Mopeds in the applicable jurisdiction. An Authorized Passenger does not include any animals or pets, which are strictly and specifically prohibited.
1.02 “Agreement” or “Rental Agreement” means this Moped Rental Agreement, Waiver of Liability, and Release, as well as Appendix A attached hereto and made a part hereof.
1.03 “App” means Revel’s proprietary software application, which can be downloaded from Google Play and the Apple App Store and accessed with a mobile device.
1.04 “Effective Date” means the date on which you accept the terms of this Agreement.
1.05 “Fees” means the schedule of fines, fees or penalties that Revel may assess for violations of the Rules, as set forth on the Site at https://reveltransit.zendesk.com/hc/en-us/articles/360026782573-Fees, as may be amended by Revel from time to time.
1.06 “Home Zone” means the geofenced region(s) within which the Member is required to end each ride session, as indicated in the App.
1.08 “Lesson” means a brief, complimentary tutorial (which Revel may require of a Member at its sole discretion at any time as a condition to continued Membership) provided by Revel to Members to orient them with the proper use of Mopeds. Only users that have been approved for Membership through the App are eligible for a Lesson, except as may be expressly authorized by Revel in its sole discretion. Revel notes, and Member agrees, that the Lesson is not, and is not intended to be, a lesson with certified training professionals.
1.10 “Member Account” means an App-based portal used by Members to manage their Membership information and privileges.
1.11 “Membership” means a revocable, non-exclusive, nontransferable right to use Revel’s Services subject to this Agreement.
1.13 “Municipality” means any city, town, county, or other locality that has permitted, contracted with, or agreed to allow Revel to provide Services, including the city, town, county, or other locality’s elected and appointed officials, officers, employees, agents, contractors, volunteers, agencies, departments, and offices.
1.15 “Prohibited Area” means (1) any area, regions, roads, bridges, tunnels, or other geographical features designated in the App by a red “X” or the words “No Crossing” or “No Highways”, or otherwise designated by Revel as off-limits; and (2) any road with a speed limit exceeding 40 miles per hour. Members are prohibited from operating or driving a Revel Moped on or within any Prohibited Area at any time. For the avoidance of doubt, the Prohibited Areas for New York City currently include all bridges and tunnels connecting Brooklyn and Queens, on the one hand, with Manhattan, on the other, and vice versa.
1.16 “Rate Schedule” means the pricing schedule located on the App and/or Site, as well as any Fees as set forth on the App or Site, all incorporated herein, as may be amended by Revel from time to time.
1.17 “Registration Fees” means the fees Revel charges for registering for the Services, as described in the Rate Schedule, which may vary depending on the Member’s initial sign up offer.
1.18 “Required Lesson” means a lesson with a Revel employee that an applicant for Membership may be required by Revel, at any time and at its sole discretion, to complete as a prerequisite to Membership or continued Membership.
1.19 “Rules” means all the rules set forth in this Agreement under the section entitled “General Rental and Use of Moped” and in Appendix A attached hereto and incorporated herein, as may be amended from time to time.
1.20 “Safety Helmet” means the Department of Transportation (DOT) certified safety helmets and attached eye protector screens provided by Revel with the Moped as part of the Services and which are compliant with applicable laws in the relevant area.
1.22 “Shop Terms and Conditions” means Revel’s Shop Terms and Conditions located on and available at the Site, https://shop.gorevel.com/pages/terms-conditions, incorporated herein, and as may be amended by Revel from time to time.
1.23 “Site” means Revel’s web site (located at gorevel.com) operated by Revel and pertaining to the Services.
1.24 “Term” means the time period from the Effective Date and while the Membership is active and in good standing, not suspended, and not otherwise terminated as described herein and in your application, including any renewals as applicable.
1.26 “Violation and Suspension Policy” means the schedule of warnings, temporary suspensions, indefinite suspensions, permanent suspensions, fines, fees, penalties, or other actions Revel may take in response to violations of the Rules as set forth on the Site, here, as may be amended by Revel from time to time.
2. The Services.
2.02 Ownership; Use. Neither Membership nor this Agreement grants Members any rights of ownership, use or control over Revel, Revel’s operations or finances, or any Moped. Revel and/or its licensor(s) remains the sole owner of the Mopeds and any other items made available to Member hereunder. A Member may use Revel’s Mopeds only after Membership approval and payment of the Registration Fees and any other applicable fees.
2.03 Eligibility. To be eligible for initial and continued Membership, the Member must:
(a) Obtain at its own expense all necessary equipment and services needed to use the Revel App (including a mobile device and wireless service). Charges from a Member’s wireless carrier or communication service are not Revel’s responsibility. Revel makes no guarantees that the App can be accessed by all wireless devices or service plans or that it will be available in all locations;
(c) Have and maintain during the Term a valid driver’s license that is (i) acceptable and valid (and not suspended) in the jurisdiction of the applicable area and where the Services are being provided to Member for the operation of the specific Moped type provided under the Revel Service, and (ii) in compliance with all state and local laws concerning the legal operation of such Mopeds where the Services are being used by the Member;
(d) Provide Revel with a valid credit or debit card number, billing zip code, and expiration date. Member agrees to immediately inform Revel of any and all changes relating to the applicable credit or debit card;
(e) Have a driving record that meets or exceeds Revel’s proprietary requirements, which Revel may establish or change from time to time in its sole discretion;
(h) Be 21 years old or older;
(i) Have the ability and skill to ride a Moped;
(j) Be tall enough to safely and comfortably operate a Moped in light of Member’s skill level; and
(k) Member and Authorized Passenger, if any, plus any cargo, must have a combined weight of no greater than 330 pounds.
2.04 Changes to Agreement. Revel may edit and revise this Agreement in its sole discretion at any time, so Members should check the Agreement on the Site periodically. Revel will promptly send Members notice of any material changes by email to the address provided by the Member during the application process, by notification through the App, or by other means. Revel will post the revised Agreement on the Site and/or on the App. The revised Agreement is effective the moment the new version is sent to the Member by email or uploaded to the Site or App, unless otherwise indicated. Use of the Services after revision to the Agreement qualifies as acceptance by Member of the new Agreement.
2.05 Duration of Agreement. This Agreement shall be in force between Revel and you from the Effective Date through the duration of the Term, subject to the provisions of Section 14.07.
2.06 Termination; No Refund.
Termination by Revel. Revel may terminate this Agreement and Member’s Membership upon notice to Member at any time without cause. Without limiting the foregoing, Revel may immediately terminate this Agreement and Member’s Membership, at its sole discretion and without notice, if the Member:
No Refund. No fees will be refunded in the event of termination. Members agree that they must continue to maintain a safe driving record during the entire Term. In the event of termination, Member is responsible for all fees and expenses incurred through the date of termination. In the event of termination, Member agrees to immediately return all Revel property in their possession to Revel, and agrees to cover all legal fees and expenses necessary for Revel to recover any debts owed by Member under this Agreement.
2.07 Availability. The Services are available to Members subject to the limitations specified herein and to any changes to the availability of the Service that Revel may make from time to time in its sole discretion. Revel makes every effort to provide Revel Services 365 days per year, but does not guarantee that Revel Services will be available at all times, as weather conditions, unforeseen events or other circumstances might prevent Revel from providing the Revel Services. Current operating hours for the Service are available on the Site, here. Access to Revel Services is also conditioned on the availability of Mopeds. Revel does not represent or warrant the availability of any of Revel Services or the availability of any Moped at any time.
3.0 General Rental and Use of Moped.
3.01 Compliance with Rules. Member agrees to comply with all the Rules set forth herein and in Appendix A attached hereto, and the Fees and Violation and Suspension Policy set forth on the Site.
3.02 Rates. Member may use the Moped on a pay per ride basis or as otherwise in accordance with the pricing described pursuant to the Rate Schedule. In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by Revel. Revel will charge Member, and Member agrees to pay Revel, all applicable fees for the Services pursuant to the Rate Schedule. For purposes of calculating ride fees under the Rate Schedule, ride times will be rounded up to the nearest minute. From time to time and in its sole discretion, Revel may waive or discount the fees associated with a ride or rides. Such waiver or discount shall not be construed as a waiver by Revel of any other rights under this Agreement. For the avoidance of doubt, rides for which Revel waives or discounts an applicable fee nonetheless constitute rentals under this Agreement and are subject to all of the restrictions and covenants herein. Member expressly acknowledges and agrees that this Agreement and any rentals taken hereunder are supported by good and adequate consideration separate and apart from any pay per ride fee.
3.03 Pick Up Fees. If Member requests that the Moped be picked up by Revel staff because Member is unable to return a Moped to a valid area (i.e., Member deactivates the Moped on private property, a locked community, or another unreachable area), or if the battery charge on the Moped runs out in an unreachable area or outside of the Home Zone, then Revel, at its sole discretion, may choose to charge Member a pick-up fee of up to $150, as well as any applicable toll and ticket fees. If any Moped accessed under Member’s account is abandoned without notice, Member will be responsible for all trip fees and any applicable toll and ticket fees until the Moped is recovered and deactivated, plus a service charge (currently up to $150) to recover the Moped. Fees are subject to change.
3.04 Payment. Member represents and warrants to Revel that Member is authorized to use any credit or debit card Member furnishes to Revel. Member authorizes Revel to charge the card for all fees incurred by Member, and to transmit Member’s credit card information to Revel’s third-party vendors for the sole purpose of processing such charges. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Revel. All fees and costs are due when they are incurred, including but not limited to Registration Fees and all other costs and fees as provided in the Rate Schedule or on the Site. Temporary or prepaid credit/debit cards are not an acceptable form of payment.
3.05 Pre-Authorization. Revel may place a temporary hold on your credit/debit card before a rental to verify that your payment information is still valid, or in certain instances to verify that your credit/debit card has the necessary funds to cover Revel’s fees and costs. Pre-authorization is not a charge to your account, it is a hold on those funds. Once your actual charge is posted to your account it can take up to thirty (30) days for the original pre-authorization to be removed by your bank. It is your responsibility to be aware of how your bank handles all of your transactions, including pre-authorizations.
3.06 Taxes. While using the Services, Member is responsible for all applicable governmental taxes, including sales tax, use tax, or VAT, as applicable. Applicable taxes will be added to Member’s bill.
3.07 Disputed Charges. If Member disputes any charge on Member’s credit or debit card account, then Member must contact Revel within thirty (30) days of the date of the disputed charge, and provide to Revel all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times of the ride associated with the disputed charge. If no notice is given by Member to Revel within the foregoing thirty (30) day period, the charge will be final.
3.08 Delinquent Accounts. Members are billed for amounts due via credit/debit card, or other means as established by Revel. Any Member account which is past due will be suspended by Revel. If payment of any amount due is rejected by the credit/debit card provided by the Member, Membership, and Member’s use of the Services, may be suspended or terminated by Revel, in its sole discretion. Members are responsible for providing and maintaining current credit/debit card information on file with Revel. Ongoing issues with credit/debit card billings may result in termination of Membership. Under no circumstances will Revel be responsible for any overdraft or other fees charged by a Member’s credit/debit card bank. In addition, Revel may engage third parties to collect amounts owed to Revel by a Member and the Member will also be responsible for any collection or similar fees associated with these collection activities. Revel also reserves the right to charge interest on overdue charges at the lesser of the rate of 1.5% per month or the highest rate allowable by applicable law.
3.09 No Refunds. Except as set forth above under “Disputed Fees”, once charged all fees are final and nonrefundable. This includes but is not limited to the Registration Fees, even if the applicant is subsequently denied use of the Services following registration.
3.10 Moped is the Exclusive Property of Revel or its Licensor(s). Member agrees that the Moped, the Safety Helmet, and any Revel equipment attached thereto, at all times, remain the exclusive property of Revel and/or its licensor(s). Member must not dismantle, write on, or otherwise modify, repair or deface a Moped, any part of a Moped, or other Revel equipment in any way. Member must not write on, peel, or otherwise modify or deface any sticker on a Moped in any way. Member must not use a Moped, or other Revel equipment, for any advertising or other commercial purpose without the express written permission of Revel.
3.11 Moped Reservations. Mopeds are available to Members in the order of arrival of ride requests. Members using a Moped will be charged and billed according to the Rate Schedule. Members may make a reservation using the App and will be billed immediately following the end of the rental. Members may cancel or change a reservation via the App until the reservation period is up. More than one reservation cancellation or change in the same 1-hour time period may incur a fee. Reservations are subject to cancellation by Revel at any time for any reason without refund or compensation.
3.12 Electric Vehicle. The Moped is an electric vehicle that requires periodic charging of its battery in order to operate. While, as part of the Services, Revel endeavors to make sure the Moped is fully charged on a regular basis, it is Member’s responsibility to make sure prior to initiating a ride that the Moped has adequate electric charge for the expected duration of the ride. Member agrees to use and operate the Moped safely and prudently in light of the Moped being an electric vehicle and all of the limitations and requirements associated therewith. Member understands and agrees with each of the following:
3.13 Charging of Vehicle. If the Moped runs out of charging power during a rental, Member shall conclude the ride in compliance with all terms of this Agreement. Member may not charge, attempt to charge, or engage others to charge the Moped.
3.15 Helmets; Safety. Use by Member and any Authorized Passenger of a Safety Helmet is always required for the use of Revel’s Services, regardless of whether required under local laws. As part of the Services, Revel provides Member and Authorized Passengers with the use of the Safety Helmets contained in the helmet case attached to each Moped. Revel and all other Released Persons do not represent or warrant the quality or safety characteristics of any Safety Helmet provided by Revel as part of the Services, and Member agrees that none of the Released Persons is liable for any injury or illness suffered by Member and/or any passenger, including any Authorized Passenger, while using a Safety Helmet provided by Revel for use of the Services. Member assumes all risk for themselves and for Authorized Passengers of not wearing a Safety Helmet or other protective gear. Member may need to take additional safety measures or precautions not specifically addressed in this Agreement.
4.0 Damages; Liability Coverage.
4.01 Liability Insurance Coverage.
Coverage limits vary by location of operation. More information can be found on the Site, here.
4.02 Lost or Stolen Moped. A Moped may be deemed lost or stolen if (a) the Moped is not returned within twenty-four (24) consecutive hours, (b) the Moped’s GPS unit is disabled, (c) the Moped is parked on unauthorized private property, in a locked area, or in any other non-public space after a ride ends, (d) the Moped moves more than thirty (30) feet after a rental has ended and Revel believes such movement was not caused by another Member or authorized third party, or (e) other facts and circumstances that suggest to Revel in its reasonable, good faith determination that a Moped has been lost or stolen. If Revel deems a Moped lost or stolen and the loss or theft was not reported by Member to Revel pursuant to the reporting requirements set forth below in this Agreement, Revel shall have the authority to take any and all actions it deems appropriate (with respect to the last Member to use the Moped or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages and filing a police report with local authorities. Member agrees the data generated by Revel’s computer systems is conclusive evidence of the period of use of a Moped by a Member.
5.0 Member Responsibilities.
5.02 Driving Record. If the Member’s license to operate a motorized vehicle (which includes a license to operate a motorized two-wheeled vehicle such as the Moped) is suspended or revoked or becomes invalid for any reason, if the Member incurs any further endorsements or accidents on their driving record, or if the Member is convicted of or receives a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving, or exceeding the relevant speed limit, the Member agrees to report such suspension, revocation, changes, conviction or citation to Revel immediately and the Member’s right to access and/or use Revel Mopeds and the Services may immediately cease. Failure to immediately notify Revel of any such events or providing Revel with any false information may lead to the Member not being covered by Revel’s liability insurance policy when driving a Revel Moped and/or termination of Membership.
5.03 Lesson. Revel offers a voluntary Lesson free-of-charge, which is a complimentary tutorial provided by Revel to orient Members with the proper use of Revel Mopeds. Lessons consist of a brief riding session and short introduction to the Moped. A Revel Lesson entails all the same risks as normal operation of a moped as outlined in Section 7.0. To be eligible for a Lesson, users must have completed the Registration process through the App. Notwithstanding the foregoing, Revel, at its sole discretion, may require an Applicant to attend a Lesson as a condition to Membership or continued Membership. Revel notes, and Member agrees, that the Lesson is not, and is not intended to be, a lesson with certified training professionals. Successful completion of the Lesson or a Required Lesson does not automatically make a Member eligible to use the Services. Eligibility is in Revel’s sole discretion.
5.04 Accidents. If, while Member has an active rental of a Moped, the Moped is involved in an accident with another vehicle or an incident resulting in damage to a third party (including to any passenger, including but not limited to an Authorized Passenger), then first and foremost immediately call 911 and seek any medical attention you and/or anyone else may require. Member must contact the police and fill out a police report, contact Revel within one (1) hour or, in the event of injury to the Member, as soon as reasonably practicable following the accident or incident by contacting Revel’s customer service by phone (855-690-9180). If your injuries do not prevent you from doing so, you must stay at the scene until the police finish their report and allow you to leave. As soon as practicable following the incident, Member agrees to provide to Revel all of the information below:
Member agrees to fully cooperate with Revel, investigators, and insurance partners in the event of an accident or damages to any third-party person (including to any passenger, including but limited to any Authorized Passenger) or property. Noncooperation may result in non-coverage of Member under Revel’s insurance policies, as determined by Revel’s insurance carrier. Revel also reserves the right to charge Member a $100 noncooperation fee, as described on the Site. Member confirms that any legal case in relation to an incident involving a Member and third party may be settled by Revel’s insurance carrier in Member’s name at the carrier’s sole discretion. Member must not, without Revel’s prior written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity, or admission of liability in relation to the accident or incident.
5.05 Member Responsibility for Theft or Loss of Moped. Except as may be specified otherwise herein, Member is solely responsible for what happens to all Revel property while in use by Member. This includes, without limitation: any theft of, loss of, or damage to a Moped, the Safety Helmet, or any other equipment.
5.06 Passengers. Members may operate Mopeds with Authorized Passengers only in jurisdictions that permit such passengers. Members may not operate Mopeds with any passenger who does not qualify as an Authorized Passenger. Members are solely responsible for any damage to persons or property of any passengers, including but not limited to Authorized Passengers. Revel shall have no liability for such damages.
5.07 Pre-Ride Safety Check. Before each use of a Moped, Member shall conduct a safety inspection of the Moped, which includes inspecting the Moped for the following: (i) body damage; (ii) low tire pressure; (iii) missing Safety Helmets in the top case; (iv) broken lights/signals, mirrors; (v) properly functioning brakes; (vi) trueness of the wheels; (vii) good condition of the frame; (viii) sufficient battery charge power; and (ix) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. If the Moped has signs of any damage, Member must not use the Moped and instead must contact Revel immediately through the damage reporting feature on the App (located in the “Help” section) or by calling Revel’s customer service (855-690-9180). Failure to report damage prior to using the Moped shall constitute a breach of this agreement and Member may incur liability for any repair costs. It is Member’s responsibility to make sure prior to initiating a ride that the Moped has adequate electric charge for the expected duration of the ride.
5.08 Traffic and Parking Tickets. Members are solely responsible for any violations, including but not limited to traffic violations incurred during the rental of a Moped. At the end of each rental, Member must park the Moped in a parking space that is legal for twenty-four (24) hours following the end of the rental, and Member is solely responsible for any parking violations incurred as a result of Member’s failure to do so. The Member’s responsibility includes fines for late payment and any processing fees due to a Member’s use of a Moped. Members agree to pay for all violations incurred. The Member agrees that Revel may charge the Member’s payment method on record.
5.09 Vehicle is Intended for Only Limited Types of Use. Member agrees that he/she will not use the Moped for racing, mountain riding, or stunt or trick riding. Member agrees that he/she will not operate and/or use the Moped on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others. Member agrees that he/she will not use the Moped to transport persons for hire or reward, nor use it in violation of any law, ordinance or regulation.
5.10 No Tampering. Member must not tamper with, attempt to gain unauthorized access to, or otherwise use the Revel Services other than as specified in this Agreement.
5.11 Member Responsibility for Moped Use and Damage. Member agrees to return the Moped to Revel in the same condition in which it was rented. Member will not be responsible for normal wear and tear.
6.0 Indemnification; Limitation of Liability.
6.01 Indemnification. Member agrees to indemnify, defend, and hold Revel, its affiliates, and its and their respective, officers, directors, shareholders, partners, employees and agents (collectively referred to herein as “Revel”) harmless from and against all damages, losses, claims, liabilities, injuries, demands, costs, and expenses of any kind (including but not limited to reasonable attorneys’ fees) (collectively, “Losses”) incurred by Revel arising out of, resulting from, or related to Member’s use or rental of a Moped.
6.02 LIMITATION OF REVEL’S LIABILITY. Except to the extent any loss or damage is ultimately determined to be due SOLELY to Revel’s gross negligence or willful misconduct:
7.0 RELEASES; DISCLAIMERS; ASSUMPTION OF RISK.
In exchange for Member being allowed to use Revel Services, Mopeds, Safety Helmets, and other equipment or related information provided by Revel, Member agrees to fully release, indemnify, and hold harmless Revel and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, and to the fullest extent permitted by law any Municipality and every sponsor of any of the Revel Services and all of the sponsor’s owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (collectively, the “Released Persons”) from liability for all “Claims” arising out of or in any way related to Member’s use of the Revel Services, Mopeds, Safety Helmets, or related equipment, including, but not limited to, those Claims based on Released Persons’ alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons’ gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims.
“Claims” means, for purposes of this Section 7.0, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney’s fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, illness, wrongful death, property damage, and injury to rider or to third parties including to any passenger or Authorized Passenger, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Revel Services, including any of the Mopeds, placement, equipment, maintenance, related information, this Agreement or (b) Member’s use of any of the foregoing.
To the fullest extent permitted by law, and as to Member’s use of any of the Revel Services, Mopeds, or related equipment, Revel and all other Released Persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All of the Revel Services, Mopeds, Safety Helmets, and related equipment are provided “as is” and “as available,” and Member relies on them at Member’s own risk.
Member is aware that Member’s use of any of the Revel Services, Mopeds, Safety Helmets, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury, illness, or death to Member or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:
Member is solely and fully responsible for the safe operation of Moped at all times. Member agrees that Revel does not provide or maintain places to ride Mopeds, and that Revel does not guarantee that there will always be a safe place to ride a Moped. Roads, vehicle lanes, and vehicle routes may become dangerous due to weather, traffic, or other hazards. Member agrees that Mopeds are machines that may malfunction, even if the Moped is properly maintained and that such malfunction may cause injury. Member agrees that telecommunication and telematics devices may malfunction, even if they are properly maintained and that such malfunction may cause injury. Member assumes full and complete responsibility, for themselves and for any passenger, including any Authorized Passenger, for all related risks, dangers, and hazards.
In addition, if Member is using the Services within the City of Miami, the Member is hereby waiving, saving and holding harmless the Miami Parking Authority, the City of Miami and Revel from and against all loss, cost, penalties, fines, damages, judgments or decrees, actions, debts, claims, expenses (including attorney’s fees) or liabilities by reason of any injury to or death of any person, or damage to or destruction or loss of any property, contractual or business relation, proprietary or business interests arising out of, resulting from, or in connection with the use of a Revel Moped in the City of Miami.
To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of Revel, the Released Parties, any Municipality or any other party. Member hereby expressly waives any claims against the Released Parties, any Municipality or any other party which Member does not know or suspect to exist in his or her favor at the time of use of Revel Services, and expressly waives Member’s rights under any statutes that purport to preserve Member’s unknown claims.
8.0 MEMBER ACCEPTANCE OF AGREEMENT
By filing an application for Membership, you hereby certify the following:
11.0 DISPUTE RESOLUTION
We are committed to customer satisfaction. If you have a problem or dispute, we will try to resolve your concerns. If we are unsuccessful, you may pursue claims as explained in this section.
Initial Dispute Resolution
You agree to give us an opportunity to resolve any dispute or claim relating to the Platform or your use of (including access to) the Platform, any dealings with our customer service representatives, any concern regarding any services or products provided, any representations made by us, any statement displayed on our Platform, or in any of our Legal Terms (for purposes of this section, “Claim”) by contacting Revel customer support at firstname.lastname@example.org.
Most concerns may be quickly resolved in this manner. Each of you and Company agrees to use best efforts to settle any such Claim through consultation and good faith negotiations, and this consultation and negotiations shall be a precondition to either initiating a lawsuit or arbitration. If we are not able to resolve your Claim within sixty (60) days from the time the information dispute resolution is pursued pursuant to this clause, you may seek relief through arbitration or in court, as set forth below.
Agreement to Binding Arbitration
If we do not reach an agreed upon solution pursuant to the clause immediately above, then the sole recourse for either party is to initiate binding arbitration pursuant to the following:
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, AND FOR CLAIMS BOTH (I) SOUNDING IN PERSONAL INJURY AND (II) ARISING FROM USE OF A MOPED IN NEW YORK CITY, ALL DISPUTES ARISING OUT OF OR RELATED TO THE LEGAL TERMS, OR YOUR USE OF (INCLUDING ACCESS TO) THE PLATFORM, SERVICES, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND COMPANY, INCLUDING YOUR OPERATION OF OR STATUS AS A PASSENGER ON A MOPED, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION, EXCEPT FOR CLAIMS (I) SOUNDING IN PERSONAL INJURY AND (II) ARISING FROM USE OF A MOPED IN NEW YORK CITY.
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 statutory damages, attorneys’ fees and costs), and must follow and enforce the Legal Terms as a court would.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
All claims subject to arbitration under this section shall be finally settled by binding individual arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class arbitration. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to Revel customer support at email@example.com.
If we request arbitration against you, we will give you notice at the email address or street address you have provided.
Each party will have the right to use legal counsel in connection with arbitration at its own expense.
The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator’s decision will follow the provisions of the Legal Terms and will be final and binding.
If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration. You will not be required to pay fees and costs incurred by Company if you do not prevail in arbitration.
Conduct of Arbitration
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.
The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of the Legal Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.
The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Legal Terms, including, but not limited to, any claim that all or any part of the Legal Terms is void or voidable.
The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Class Action and Class Arbitration Waiver
You and Company further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and Company each expressly waive your respective right to file a class action or seek relief on a class basis except for claims (i) sounding in personal injury and (ii) arising from use of a Moped in New York City.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Waiver of Jury Trial; Exclusive Venue for Litigation
To the extent that the arbitration clause set forth above does not apply, and a Claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. Further, each party agrees that any litigation between them for disputes arising out of Revel’s provision of Services in New York shall be filed exclusively in state or federal courts located in New York County, NY, except for small claims court actions which may be brought in New York County, NY or in the county where you reside.
Notwithstanding any of the foregoing, nothing in the Legal Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
12.0 CHOICE OF LAW
The interpretation of the Legal Terms shall be construed in accordance with the laws of the United States (including the Federal Arbitration Act) and the State of New York, U.S.A., without regard to its principles of conflicts of law or the U.N. Convention on Contracts for the International Sale of Goods.
13.0 ANTI-DISCRIMINATION NOTICE
New York State Law (which may also be applicable in other jurisdictions) prohibits the following practices by rental vehicle companies based upon race, color, ethnic origin, religion, disability, sex, or marital status:
14.01 Revel reserves the right to change or amend the Services at any time, or deny the Services to a Member for any reason.
14.02 No waiver by Revel of any of the provisions hereof is effective unless set forth in writing and signed by Revel.
14.05 Unless stated otherwise, all remedies hereunder shall be in addition to any other remedies available to either party at law or in equity.
14.06 If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
14.07 Provisions of these terms that by their nature should apply beyond the Term will remain in force after any termination or expiration of this Agreement.
14.08 This Agreement may only be amended or modified by Revel in its sole discretion.
14.09 This Agreement, and any rights hereunder may not be transferred or assigned by the Member without Revel’s express written consent, which may be granted in Revel’s sole discretion.
14.10 This Agreement is binding upon the parties hereto and their permitted successors and assigns.
14.11 Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for Member’s payment obligations.
14.13 Member acknowledges and agrees that Member has not relied upon any promise, representation, or warranty, either express or implied, not contained herein.
14.14 In the event of a conflict between the terms of this Agreement any other document referenced herein, the terms of this Agreement shall govern.
14.15 Member agrees that execution of this Agreement and the Legal Terms by Member constitutes a transaction or transactions involving commerce, as that phrase is defined in and for purposes of the Federal Arbitration Act, 9 U.S.C. § 1, et seq.
RULES OF THE RIDE
Member agrees to the following: