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Wolf Ride Bike Share Terms and Conditions

All users of the SBU Wolf Ride Bike Share are required to comply with the following Terms and Conditions:

SBU Wolf Ride Bike Share
Terms & Conditions
(Bicycle Rental Agreement, Liability Waiver, and Release)

SBU Bike Share is a self-serve bicycle rental system ("Service,") manufactured by Bixi and managed and operated by Stony Brook University ("SBU," "Our," or "We.") In consideration of your use of any Service, SBU requires that you ("Subscriber," "You," or "Your") agree to all terms and conditions in this Bicycle Rental Agreement, Liability Waiver, and Release ("Agreement,") which are intended to promote the safe use of SBU Bike Share bicycles, and which apply to all Subscribers, as defined below.

Section 1 Modifications to Agreement. SBU reserves the right to unilaterally amend, modify, or change this Agreement, at any time and from time to time in its sole discretion, without Subscribers' consent. By continuing to use any Service after any amendment, modification, or change, Subscriber has agreed to be bound by all such amendments, modifications, and changes. Subscriber must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, SBU will post a notification at www.stonybrook.edu/transportation ("Website").

Section 2 Term of Agreement. The term of this Agreement begins when a Subscriber first uses any Service and the term ends one (1) year after the Subscriber's last use of any Service; provided, however, that the Subscriber's personal financial responsibility under Section 14 of this Agreement, titled Credit Card Matters, expires one (1) year after the later of (i) the Subscriber's last use of any Service, and (ii) the expiration of a Subscriber's Subscription. At any time and from time to time, and without Subscriber's consent, SBU may unilaterally terminate a Subscriber's right to use any Service, in SBU's sole discretion, without cause and SBU will inform a Subscriber in such cases. This Agreement remains in full force and effect after any termination of a Subscribers right to use any Service.

Section 3 Service System. The Service is composed of the use of SBU Bike Share bicycles, which are locked and secured at docks ("Bike Docks") located at SBU Bike Share bicycle stations ("Stations"). Each Station has an automated pay station ("Kiosk") and the Stations are for the purposes of renting SBU Bike Share bicycles, as well as the identification of Subscribers. Under the Service, SBU Bike Share bicycles can be rented and returned to any Station.

Section 4 Subscriptions to Service. SBU offers the following two (2) Subscription types, as based on an individuals' affiliation with Stony Brook University:

  • Each current SBU student (undergraduate and graduate) automatically becomes a Subscriber once he/she pay his/her Transportation Fee and/or receive a Transportation Fee waiver. Students are required to swipe their SBU identification card (SBU ID) and provide their personal identification number at a Kiosk in order to unlock an SBU Bike Share bicycle. Students may utilize the Service for 0-60 minutes per use for no cost ($0.00), however for trips in excess of 60 minutes, students must pay the Additional Charges as set forth in Section 6. Students must abide by Section 6 for all trips in excess of 60 minutes. The Subscription, SBU identification card (SBU ID) and personal identification number are non-transferable and may be terminated by SBU in its sole discretion. If a Subscription is terminated for any reason, no refund is provided.
  • SBU Faculty/Staff and Visitors may subscribe to the Service by purchasing annual, one month, one week or daily (24-hour) termed Subscriptions. To purchase a Subscription, a SBU Faculty/Staff/Visitor must utilize his/her valid credit/debit card at any Kiosk. When purchasing a Subscription, SBU will charge the Subscriber's credit/debit card the amount for the Subscription, as described in Section 5. SBU will also place a security deposit hold of $0.01 on the Subscriber's credit card account, which is used to verify the credit card account; and, that amount could remain on Subscribers credit card for an amount of time to be determined by the Subscriber's bank's policies regarding holds. When accessing an existing Subscription, Subscriber's are required to swipe the credit/debit card which the existing Subscription was bought with at any Kiosk. The Subscription only allows the Subscriber to utilize the Service for 0-60 minutes per use, and the Subscriber must still pay the Additional Charges as set forth in Section 6 for all trips in excess of 60 minutes. The Subscription is non-transferable and may be terminated by SBU in its sole discretion. If a Subscription is terminated for any reason, no refund is provided.

Section 5 Subscriber Rates and Benefits. SBU offers the Service July 1 to June 30 annually. SBU reserves the right to suspend the availability of the Service due to winter weather conditions/patterns, other unforeseen issues or acts of god. In such cases, SBU there is no refund of paid Subscriptions.

Current SBU students automatically become Subscribers once they pay their Transportation Fee and/or receive a Transportation Fee waiver.

SBU Faculty/Staff and Visitors may become a Subscriber by purchasing a subscription, which are available in annual, monthly, weekly and daily terms. An annual subscription (effective July 1 to June 30) may be purchased for $84.00 per year (taxes included). A monthly subscription (monthly, effective any month between July and June) may be purchased for $28.00 per month (taxes included). A one week subscription (effective Sunday to Saturday) may be purchased for $14.00 per week (taxes included). A daily (24-hour) subscription may be purchased for $4.00 (effective 5:30am to 11:00pm) per day (taxes included). When purchasing a subscription, SBU Faculty/Staff and Visitors will have a security deposit hold of $0.01 placed on their credit card account, which is used to verify the credit card account; and, that amount could remain on Subscribers credit card for an amount of time to be determined by the Subscriber's bank's policies regarding holds.

The Subscription Rates for SBU Faculty/Staff and Visitors are as follows:

Subscription Rates
Applies to Faculty/Staff/Visitors

Payment Process:
     For Faculty/Staff/Visitors: Fees Billed To Credit/Debit Card

Subscription Type Effective Period Rate, Inc. Taxes ($)
Annual Subscription July 1 to June 30 $84.00
Monthly Subscription Monthly, July - June $28.00
Weekly Subscription Weekly Sunday to Saturday $14.00
Daily Subscription Daily, 5:00am - 11:00pm $4.00
Note: The Service is weather dependent.

Subscriptions may only be purchased using a credit or debit card at a Kiosk. Trips in excess of 60 minutes per use are considered chargeable trips which are charged in accordance with the Additional Charges as set forth in Section 6. Additional Charges will be charged to a Subscriber's student account or credit/debit card within seven (7) business days of said trip.

If a Subscriber has a claim or dispute regarding a chargeable trip, the Subscriber must submit the corresponding trip number (identifying the place and time the SBU Bike Share bicycle was rented and returned), his/her contact information and a detailed description of his/her claim within seven (7) business days of his/her said trip to:

SBU Bike Share
Transportation & Parking Operations
Phone: (631) 632-6219
E-Mail: transportation@stonybrook.edu

Claims and disputes submitted after seven (7) business days of said trip will not be considered and will not be refunded.

Section 6 Additional Charges. In addition to the Subscription rates outlined in Section 5, all Subscribers are subject to chargeable trips and their corresponding Additional Charges. The Additional Charges are set forth in the chart below. If a Subscriber utilizes and returns a SBU Bike Share bicycle to a Bike Dock within sixty (60) minutes, no Additional Charges apply. Subscribers may utilize another SBU Bike Share bicycle from a Bike Dock after returning the previous SBU Bike Share bicycle after a thirty (30) minute wait period.

Additional Charges
Applies To All Trips Over 60 Minutes for SBU Students & Faculty/Staff/Visitors

Payment Process:
     For SBU Students: Rate Billed To Student Account
     For Faculty/Staff/Visitors: Fees Billed To Credit/Debit Card

Additional Charges Description Rate, Inc. Taxes ($)
0-60 Minutes Up To 1 Hour Free ($0.00)
61-120 Minutes Up To 2 Hours $2.00
121-180 Minutes Up To 3 Hours $4.00
181-240 Minutes Up To 4 Hours $8.00
241-300 Minutes Up To 5 Hours $16.00
301-1,440 Minutes Up To 24 Hours $32.00
1,441-4,320 Minutes Up To 3 Days $64.00
4,321+ Min/Bike Replacement Cost Over 3 Days $1,150.00

Section 7 Availability of Service. Access to the Service is subject to the availability of SBU Bike Share bicycles and Bike Docks at each Station. SBU does not represent or warrant the availability of any Service. In the event that Bike Docks are not available at a Station, no refunds will be issued for Additional Charges incurred. Subscribers may use the Website or mobile phone application to consult the inventory of SBU Bike Share bicycles available at a Station and the availability of Bike Docks.

Section 8 Directions for Using Service.

Section 8.1 Removing Bicycle. Stony Brook University individuals are required to identify their affiliation with the University by selecting one of two choices on a Kiosk; Student or Faculty/Staff/Visitor. Once a choice is selected, a user is required to swipe their SBU ID card or their credit/debit card into the reader slot on the Kiosk.

Current Students are considered Subscribers and once they swipe their SBU ID, enter in their personal PIN number and agree to the Bicycle Rental Agreement, Liability Waiver, Release, they are provided an unlocking code that is used at the Bike Dock in order to remove a SBU Bike Share bicycle from the Bike Dock.

Faculty/Staff/Visitors are required to purchase an SBU Bike Share subscription and once purchased, they are then considered Subscribers and must agree to the Bicycle Rental Agreement, Liability Waiver, Release. Once Subscribers agree to the Bicycle Rental Agreement, Liability Waiver, Release, they are provided an unlocking code that is used at the Bike Dock in order to remove a SBU Bike Share bicycle from the Bike Dock.

After the SBU ID or credit/debit card has been inserted into the reader slot, the Subscriber has one hundred and twenty (120) seconds to enter the unlocking code at the Bike Dock. Once the Subscriber enters the unlocking code into the Bike Dock, they have one hundred and twenty (120) seconds to remove the SBU Bike Share bicycle from the Bike Dock. If the unlocking code is not entered or the SBU Bike Share bicycle is not removed within the time limits, the Bike Dock locks and the Subscriber must repeat the process described above at the Kiosk. On each Bike Dock, a signal light remains yellow during the validation of the Subscriber's SBU ID card/credit/debit card and the signal light turns green when the SBU Bike Share bicycle can be removed. There are also two sounds signals that are also emitted from the Bike Dock.

Section 8.2 Returning Bicycle. To return the SBU Bike Share bicycle, a Subscriber must secure it into an available Bike Dock. A sound signal is emitted, and the signal light turns yellow, then green, confirming that the SBU Bike Share bicycle has been properly secured to the Bike Dock. If the SBU Bike Share bicycle is not properly secured in the Bike Dock, then the signal light turns red, and a longer signal sound is emitted. If the signal light turns red, the Subscriber must repeat the operation until the signal light turns green, and the SBU Bike Share bicycle is properly secured in the Bike Dock. If the signal light does not turn green, the Subscriber must return the SBU Bike Share bicycle to another available Bike Dock. If there is no available Bike Dock at the Station, then the Subscriber must push the "Request Time Credit" button on the Kiosk and Subscribers must also insert their SBU ID Card or their credit/debit card at the Kiosk, to obtain an additional 15-minute credit in which to return the SBU Bike Share bicycle to another Station. No fee is charged to the Subscriber for the additional 15-minute credit.

Any SBU Bike Share bicycle that is not properly secured remains the sole responsibility of the Subscriber, and the Additional Charges set forth in Section 6 will be charged until the SBU Bike Share bicycle is properly secured.

Section 8.3 Obtaining Receipt. Subscribers may print a receipt to confirm that the SBU Bike Share bicycle has been properly returned to the Bike Dock. The date and time of return are indicated on the receipt, and the receipt may be used to dispute a chargeable trip. To obtain a receipt, Subscribers must push the "Rental Receipt" icon on the Kiosk. Subscribers must insert their SBU ID card or their credit/debit card at the Kiosk.

Section 8.4 Permitted Period of Use; Lost or Stolen Bicycle. Use of the Service is limited to Monday - Sunday from 5:00am thru 11:00pm ("Permitted Period of Use"). If a Subscriber maintains possession of the SBU Bike Share bicycle beyond the Permitted Period of Use, then the Subscriber is subject to additional fees, as listed in Section 6. If the SBU Bike Share bicycle is deemed lost or stolen, Subscriber's credit card or student account will be charged a fee of $1,150.00, and a police report must be filed by the Subscriber for a lost/stolen bike with the Stony Brook University Police Department. SBU will attempt to contact the Subscriber (via telephone and email for Subscribers) before charging the credit card. The data generated by the Service's computer is conclusive evidence of the period of use of a SBU Bike Share bicycle by a Subscriber. For any disappearance of a SBU Bike Share bicycle where a Subscriber is held responsible, the Subscriber must report the disappearance to Stony Brook University Transportation & Parking Operations and the Stony Brook University Police Department within twenty four (24) hours following the disappearance. Any use that exceeds the Permitted Period of Use is deemed a disappearance of the SBU Bike Share bicycle, until the SBU Bike Share bicycle is found or returned to a Bike Dock.

Section 9 General Assumption of Risk by Subscriber. Subscriber agrees that riding a SBU Bike Share bicycle involves many risks, dangers, and hazards, which may result in injury or death to the Subscriber or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Subscriber agrees that such risks, dangers, and hazards are the Subscriber's sole responsibility. Subscriber agrees that if a Subscribers use of any Service causes injury or damage to another person or property, then the Subscriber may be liable for all resulting injuries, damages, and related costs. By choosing to ride a SBU Bike Share bicycle, the Subscriber assumes all responsibility for all related risks, dangers, and hazards, and the Subscriber agrees that SBU is not responsible for any injury, damage, or cost caused by the Subscriber with respect to any person or property, including the SBU Bike Share bicycle itself. The Subscriber is solely and fully responsible for the safe operation of the SBU Bike Share bicycle at all times. The Subscriber shall be responsible to take all necessary safety measures or precautions.

Section 10 Prohibited Acts.

  1. Subscriber shall not ride a SBU Bike Share bicycle while carrying any item that impedes Subscriber's ability to operate an SBU Bike Share bicycle safely.
  2. Subscribers shall not utilize an SBU Bike Share bicycle without a helmet.
  3. Subscribers shall only use SBU Bike Share bicycles on SBU campus, including West, East, South, Research & Development Park Campuses, the portion of Stony Brook Road between South Drive and Development Drive, crossing Nicholls Road at the Main and South Entrances and under the Life Sciences/Medical Center tunnel.
  4. Subscriber shall not use any cellular telephone, laptop, tablet, computer, text messaging device, portable music player, or other device while using a SBU Bike Share bicycle.
  5. Subscriber shall not operate a SBU Bike Share bicycle while under the influence of any alcohol, drugs, any medication or other substance that may impair Subscriber's ability to safely operate an SBU Bike Share bicycle.
  6. Subscriber shall not carry a second person on a SBU Bike Share bicycle.
  7. Subscriber shall not dock or lock any bicycle in any Station other than SBU Bike Share bicycles.
  8. Subscriber shall not dock or lock an SBU Bike Share bicycle onto non-SBU Bike Share bike racks, fencing, trees, posts, signs, buildings or other University infrastructure.
  9. Subscriber shall not violate any applicable federal, state, or local law, including those for bicycle riders, while using a SBU Bike Share bicycle.
  10. Subscriber shall not dismantle or modify a SBU Bike Share bicycle in any way. This rule does not apply to the use of the seat height adjustment feature on SBU Bike Share bicycles.
  11. Subscriber shall not exceed the maximum weight limit for the SBU Bike Share bicycle (260 pounds) or the basket (17 pounds), and Subscriber may not otherwise use the basket improperly with regard to type of contents or any visual obstruction or riding impediment.
  12. Subscriber shall not operate an SBU Bike Share bicycle in extreme weather conditions, including snow, hail, and electrical storms.
  13. Subscriber shall not allow others to use an SBU Bike Share bicycle that the Subscriber has removed from a Bike Dock. Subscriber understands that when a Subscriber removes an SBU Bike Share bicycle from a Bike Dock, it is to be used only by the Subscriber. Subscriber shall not transfer Subscriber's SBU ID, 7-digit code on the SBU ID, 8-digit code at the Kiosk, or any other Account information to any other person.

Section 11 Additional Subscriber Obligations.

  1. Subscriber represents and warrants that Subscriber is a safe and competent bicycle operator, physically able to safely ride a Bicycle without a risk to the Subscriber's health, and is knowledgeable about the operation of a bicycle and laws pertaining to bicycles. Like any physical activity, riding an SBU Bike Share bicycle may cause minor or major injuries or discomfort and may worsen or complicate underlying medical conditions or diseases. By choosing to ride a SBU Bike Share bicycle, Subscriber assumes all responsibilities and risks for all such injuries or other medical conditions.
  2. Subscriber agrees that bicycles are machines that may malfunction, even if the bicycle is properly maintained, and that such malfunction may cause injury. Subscriber agrees that before using an SBU Bike Share bicycle, Subscriber will conduct a safety inspection of the SBU Bike Share bicycle, which includes inspecting the following: (i) proper tire pressure; (ii) trueness of the wheels; (iii) safe operation of all brakes and lights; (iv) proper attachment of the seat, pedals, and basket; (v) good condition of the frame; and (vi) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. Subscriber agrees not to ride the SBU Bike Share bicycle if Subscriber notices any mechanical or other problem or safety issue, and Subscriber agrees to promptly notify SBU of all problems and issues and to use a different SBU Bike Share bicycle via phone call at (631) 632-6219, or email at: transportation@stonybrook.edu. Subscriber agrees to press the "Faulty Bike (red dot & wrench)" button on the Bike Dock within five (5) minute of docking an SBU Bike Share bicycle that Subscriber notices has any mechanical or other problem or safety issue.
  3. Subscriber acknowledges that SBU does not guarantee that there will always be a safe place to ride a SBU Bike Share bicycle. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards. Subscriber must not use a SBU Bike Share bicycle for racing, riding off road, or any other use, besides safe operation on public roads and bike paths as set forth in Section 10 (c.).
  4. Subscriber agrees that Bixi is not a common carrier. Alternative means of public and private transportation are available to the general public and to Subscriber individually, including public buses and rail service, taxis, and pedestrian paths. Bixi provides SBU Bike Share bicycles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate an SBU Bike Share bicycle on their own and who have agreed to all terms and conditions of this Agreement. Subscriber agrees that SBU may require Subscriber to return an SBU Bike Share bicycle at any time.
  5. Subscriber agrees that access to the Service is denied to any person less than 18 years of age, whether or not accompanied by a parent or guardian.
  6. Subscriber must report to the Stony Brook University Police Department and to SBU Bike Share (phone: 631-632-6219 or via email at: transportation@stonybrook.edu) as soon as possible, but in no event later than 24 hours, after the occurrence of any of the following events: any crash, damage, loss, or personal injury while using a SBU Bike Share bicycle; any vandalism; any stolen or lost Bicycle.
  7. Subscribers must be aware and comply with Part 548 of SUNY's Policies & Procedures, which pertains to parking and traffic enforcement at Stony Brook University.

Section 12 Additional Fees. An SBU Bike Share bicycle must be returned by the Subscriber in the same condition in which it was rented. If the SBU Bike Share bicycle is returned to a Bike Dock damaged or in a state of disrepair, the Subscriber is required to communicate the damages using the Kiosk upon return to a Station and the Subscriber will be charged a fee that is equal to the cost of repair. Such fees may be charged as soon as 24 hours after the SBU Bike Share bicycle is returned in a damaged state. SBU will attempt to contact the Subscriber via email or phone before charging the Subscriber's credit card.

Section 13 Helmets. All riders are required to utilize a helmet when operating an SBU Bike Share bicycle, and riders are encouraged to wear a Snell, CPSC, ANSI, or ASTM approved helmet that has been properly sized, fitted, and fastened, according to the manufacturers' instructions. Wearing a Snell, CPSC, ANSI, or ASTM approved helmet, properly sized, fitted, and fastened, while cycling may protect against an injury, or may lessen the severity of an injury, caused by an impact to the head; however, bicycle helmets are not 100% effective, do not protect against all head injuries, and do not protect against other injuries. SBU does not represent or warrant the quality or safety characteristics of any helmet, and Subscriber agrees that SBU is not held liable for any injury suffered by Subscriber while using the Service, whether or not Subscriber is wearing a helmet at the time of injury.

Section 14 Credit Card Matters. Faculty/Staff/Visitors must input a valid credit card number and expiration date before being be permitted to use the Service, and Faculty/Staff/Visitors hereby represent and warrant that they are authorized to use the credit card (SBU accepts only Visa, MasterCard, Discover and Amex). Faculty/Staff/Visitor Subscribers do hereby authorize SBU to charge their credit card for all expenses incurred on their Account, including all additional fees and lost/repair charges. If a Subscriber disputes any charge on their Account, they must contact SBU within 7 days of receipt of their statement containing the disputed charge. Subscribers have an on-going duty to update all changes relating to their credit card. SBU uses Elavon ("Processor") as its transaction payment processor. The transmission of data to Processor and the approval of a credit card should take less than 10 seconds; however, a credit card might not allow for an overcharge/overdraft, which means that a Subscriber's transaction request could be denied. All denials of a transaction by a Subscriber's bank, all holds, and all other similar issues are the Subscriber's sole responsibility and should be dealt with between the Subscriber and his or her bank. As required by applicable law, SBU must and will take all necessary and reasonable steps to ensure that all data transmitted by SBU is done safely, securely, and privately.

Section 15 Termination. Subscriber may terminate Subscriber's use of the Service at any time, and Subscribers may cancel Subscriber's Membership at any time; provided, however, that (i) no refund will be provided by SBU, (ii) the term of this Agreement continues in accordance with Section 2 of this Agreement, (iii) and Subscriber may still be charged any applicable additional fees in accordance with Sections 7 and 13 of this Agreement.

Section 16 Choice of Law; Dispute Resolution. This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of New York, excluding principles of conflicts of laws.

Section 17 Waiver. No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The terms of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term being waived or amended.

Section 18 Cumulative Remedies. All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.

Section 19 Final Agreement. This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter.

Section 20 Representations. Each party ("Promising Party") represents and warrants to the other party that: (i) the Promising Party has the legal power and authority to enter into this Agreement and to undertake and perform all of its duties and obligations hereunder; and (ii) this Agreement is the Promising Party's legally binding and fully enforceable agreement.

Section 21 Contract Interpretation. The headings in this Agreement do not affect the interpretation of this Agreement. "Or" is not be exclusive in its meaning. "Including" means "including, but not limited to, "Herein," "hereunder," and other similar terms refer to this Agreement as a whole and are not limited to the specific section on paragraph where they appear. Plural terms refer to all Subscribers of the relevant class, and singular terms refer to one or more Subscribers of the relevant class. All pronouns include the masculine, feminine, and neuter pronoun forms. All schedules and exhibits referred to herein are hereby incorporated by reference.

Section 22 Notices. You may contact SBU by writing, calling, or emailing SBU at the street address, telephone number, and email address listed below:

Stony Brook University
Transportation & Parking Operations
Att: SBU Wolf Ride Bike Share
Automotive Repair Facility, Building 007
100 Nicolls Road
Stony Brook, NY 11794-2001
Phone: (631) 632-6219
E-Mail: transportation@stonybrook.edu
Website: www.stonybrook.edu/transportation

Section 23 Releases. "Claims" means, 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 attorneys' fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to any Service, an SBU Bike Share bicycle, Station, Bike Dock, or related information, including Subscribers' use of any of the foregoing. In exchange for being allowed to use any Service, SBU Bike Share bicycle, Station, Bike Dock, or related information, Subscriber (acting for Subscriber and for all of Subscribers' agents, affiliates, representatives, successors, heirs, and assigns) does hereby (i) fully and forever release and discharge SBU and all of its owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns (collectively, "SBU and its Related Parties") from all Claims that Subscriber has or may have against SBU and its Related Parties, except for Claims caused by SBUs' gross negligence or willful misconduct, and (ii) Subscriber agrees to indemnify and hold harmless SBU and its Related Parties from and against all Claims, except for Claims caused by SBUs' gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims. SBU and its Related Parties may plead such releases as a complete and sufficient defense to any Claim, as intended third beneficiaries of such releases.

Section 24 DISCLAIMERS. YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED INFORMATION IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SBU AND ITS RELATED PARTIES DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NONINFRINGEMENT, AND USEFULNESS, WITH RESPECT TO ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED INFORMATION, WHICH ARE ALL PROVIDED "AS IS" AND "AS AVAILABLE" (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK.) WE DO NOT REPRESENT OR WARRANT THAT ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED INFORMATION WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST IN ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR INFORMATION. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED INFORMATION, AND WE ARE NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. YOU ASSUME FULL RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, COSTS, EXPENSES, PENALTIES, ATTORNEYS' FEES, JUDGMENTS, SUITS, OR DISBURSEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATED TO YOUR STOLEN OR LOST BICYCLE OR SBU ID.

Section 25 LIMITED LIABILITY. YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT SBU AND ITS RELATED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY SERVICE, BICYCLE, STATION, BIKE DOCK, OR RELATED INFORMATION, (C) YOUR BREACH OF THIS AGREEMENT OR YOUR VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU, (E) YOUR FAILURE TO WEAR A BICYCLE HELMET WHILE USING AN SBU BIKE SHARE BICYCLE, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. YOU DO HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. OUR TOTAL LIABILITY FOR ALL CLAIMS, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, IS LIMITED TO THE SUM OF $100. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Section 26 Stony Brook. With respect to Section 23 (Releases), Section 24 (Disclaimers), Section 25 (Limited Liability), and all other release, disclaimer, limitation of liability, indemnification, and hold harmless provisions set forth in this Agreement, the defined terms "SBU", "Our", and "We" also include and means Stony Brook University and all of its elected and appointed officers, officials, employees, and agents.

Section 27 Confidentiality of Personal and Financial Data and Information. All personally identifiable information that is held by SBU and pertains to Subscribers, including all names, addresses, phone numbers, email addresses, and credit card numbers, will be kept confidential by SBU; provided, however, that (i) if there is any accident where a Subscriber is unable to communicate personal information to the appropriate authorities, then SBU may, if consistent with applicable law, provide the Subscriber's name, address, phone number, and other important information to such authorities, (ii) if SBU receives any subpoena from any court or other authority, then SBU will provide all requested information in accordance with applicable law, which may include Subscriber names, rental dates, rental locations, and rental durations (including starting rental times and ending rental times), and (iii) SBU may disclose aggregate data about Subscribers to Stony Brook, including rental dates, rental locations, rental durations (including starting rental times and ending rental times), and latitude and longitude data for Subscriber addresses (which would not allow any individual's address to be separately identified).

Section 28 Survival. Sections 2, 9, 10, 11, 14, 16, 22, 23, 24, 25, 26 and 27 shall survive the termination of this Agreement.


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