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Create Your Account

Please enter your information below to become a member. You'll receive an email confirmation upon submitting your application, and you'll receive your bike key in the mail soon.

Personal Information

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NOTE: Your Bike Share Toronto key will be mailed to this address.

Account Information

You will use this account information to activate your key when it arrives—and to access your billing information in the future.

Username must be at least 6 characters. Password must be 8-14 characters with one lower case letter, one upper case letter, one digit and one special character.
Auto Renewal Details: By clicking "Sign Up," you are enrolling in auto renew, which means your membership will automatically renew before each new subscription term (one year) to ensure you never miss a day of riding. We will charge your credit/debit card at the standard price or the price of your corporate membership. You can always switch to manual renewal after you activate your key by logging into your membership account or contact us at any time.

Payment Information

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Redeem a Gift Certificate

Enter your activation or gift certificate number in the box below. Please note that this will be applied toward the cost of your Membership only. You must still provide your credit card number in order to settle any usage or other fees you may incur. Usage fees are incurred for any ride lasting over 30 minutes.
 

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Rental Agreement

Click here to view the Rental Agreement in a separate window

Bicycle Rental Agreement, Liability Waiver, and Release

  1. Fees

  2. Releases; Disclaimers; Limited Liability; Assumption of Risk

  3. Directions and Additional Terms of Use

  4. Miscellaneous

In consideration of Your use of any of the Bike Share Toronto Services (defined below), MOTIVATE COMPANY TORONTO INC. ("MOTIVATE") requires that You (" Annual or Monthly Member”, "Member", "You", or "Your") agree to all terms and conditions in this Bicycle Rental Agreement, Liability Waiver, and Release (" Agreement"). The "Services” provided by MOTIVATE are composed of several elements, including (1) Bike Share Toronto bicycle stations ("Stations"), (2) automated pay stations ("Pay Stations"), (3) separate stands that allow the docking of Bike Share Toronto bicycles (" Bike Docks"), (4) Bike Share Toronto bicycles (“Bicycles”), and (5) all related equipment, personnel, and information.

  1. Fees.Back to top

    • Section 1 Annual and Monthly Membership Fees.Back to top

      When an Annual or Monthly Member subscribes to the Services, MOTIVATE will charge the Annual or Monthly Member's credit card the total amount of the annual or monthly membership fee that is in effect as of the date of the subscription; and, all hourly fees set forth in Section 2 apply. The annual or monthly membership fee amount is listed on the Services’ website at "www.bikesharetoronto.com” ("Website”) and is subject to applicable sales taxes and other local government charges, which may be charged and collected by MOTIVATE.

    • Section 2 Overtime Fees.Back to top

      All Members are subject to the overtime fees set forth in the chart below, which are subject to applicable sales taxes and other local government charges, which may be charged and collected by MOTIVATE. So long as an Annual or Monthly Member returns the Bicycle to a Bike Dock within 30 minutes, no overtime fee will be charged. After returning a Bicycle to a Bike Dock, a Member may rent another Bicycle, but only after a 1 minute wait. The time period for the application of overtime fees begins only when the Bicycle is actually removed from the Bike Dock.

      On the 3rd day of each month, the total amount of all of Your chargeable trips (i.e., those trips lasting in excess of 30 minutes that incur an overtime fee) will be charged to Your Account and charged against Your credit card. At any time, You may access a statement of Your trip history and associated charges by logging into Your Account profile page on the Website. If You have any dispute regarding a chargeable trip, then You must, within 10 business days from the end of the prior month with the disputed charge, provide to MOTIVATE 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. Your trip receipt, if any, indicating the date and time Your Bicycle was returned would be additional proof that the Bicycle had been properly returned. You are encouraged to maintain all trip receipts.

      Ride Time Total Overtime Fee – For Annual Members
      00:01-30:00 minutes (00:00:01 – 00:30:00 hours) $0.00
      30:01-60:00 minutes (00:30:01 – 01:00:00 hours) $1.50
      60:01 – 90:00 minutes (01:00:01 – 01:30:00 hours) $4.00
      90:01 – 120:00 minutes (01:30:01 – 02:00:00 hours) $7.00
      120:01 – 150:00 minutes (02:00:01 – 02:30:00 hours) $14.00
      150:01 – 180:00 minutes (02:30:01 – 03:00:00 hours) $21.00
      180:01 – 210:00 minutes (03:00:01 – 03:30:00 hours) $28.00
      210:01 – 240:00 minutes (03:30:01 – 04:00:00 hours) $35.00
      240:01 – 270:00 minutes (04:00:01 – 04:30:00 hours) $42.00
      270:01 – 300:00 minutes (04:30:01 – 05:00:00 hours) $49.00
      300:01 – 330:00 minutes (05:00:01 – 05:30:00 hours) $56.00
      330:01 – 360:00 minutes (05:30:01 – 06:00:00 hours) $63.00
      > 360:01 - 390:00 minutes (06:00:01 – 06:30:00 hours) $70.00
      > 390:01 - 420:00 minutes (06:30:01 – 07:00:00 hours) $77.00
      > 420:01 - 1440:00 minutes (07:00:01 – 24:00:00 hours) $84.00
      > 24:00:00 hours up to $1,200.00
    • Section 3 Lost or Damaged Bicycles; Key; Additional Fees.Back to top

      The data generated by the Services' computer is conclusive evidence of the period of use of a Bicycle by a Member. Your use of the Services is limited to a period of 24 consecutive hours. Any use that exceeds a period of 24 consecutive hours is deemed a disappearance of the Bicycle, until the Bicycle is found or returned to a Bike Dock. If the Bicycle is not returned to a Bike Dock within a period of 24 consecutive hours, then the Bicycle is deemed lost or stolen, Member's credit or debit card will be charged a fee of up to $1,200, and a police report may be filed with local authorities. The Bicycle must be returned by Member in the same condition in which it was rented. If the Bicycle is returned to a Bike Dock damaged or in a state of disrepair, then Member 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 Bicycle is not returned or is returned in a damaged state. MOTIVATE will attempt to contact Member via telephone and email before charging the Member's credit or debit card, by using the contact information provided by Member when subscribing to the Services. For any disappearance of a Bicycle where a Member is held responsible, Member must report the disappearance to MOTIVATE within 24 hours following the disappearance and must report the disappearance to the local police department within 24 hours.

      If Annual or Monthly Member's system key has been lost or damaged, a replacement may be obtained by calling 1-855-898-2378 or by emailing customerservice@bikesharetoronto.com and reporting that the system key has been lost or damaged. A replacement fee of $10 for the lost or damaged Services key will be charged, and a replacement system key will be mailed to Annual or Monthly Member's mailing address of record. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by MOTIVATE.

    • Section 4 Credit Card Matters.Back to top

      You must input a valid credit card number and expiration date before You will be registered to use the Services. You represent and warrant to MOTIVATE that You are authorized to use the credit or debit card. You authorize MOTIVATE to charge Your credit card for all fees incurred by You, and all fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by MOTIVATE. If You dispute any charge on Your credit card account, then You must contact MOTIVATE within 10 days of Your receipt of Your statement containing the disputed charge. You agree to immediately inform MOTIVATE of all changes relating to Your credit card.

    • Section 5 Prohibited Acts.Back to top

    • You must not ride a Bicycle while carrying any briefcase, backpack, bag, or other item if it impedes Your ability to operate safely the Bicycle.
    • You must not use any cellular telephone, text messaging device, portable music player, or other device that may distract You from safely operating a Bicycle.
    • You must not operate a Bicycle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to safely operate a Bicycle.
    • You must not carry a second person on a Bicycle.
    • You must not dock or lock any bicycle in any Station other than Bicycles.
    • You must not use any locking mechanism, other than the locking mechanism provided by MOTIVATE at the Bike Dock, to lock a Bicycle to a Bike Dock.
    • You must not violate any applicable federal, state, or local law, including those for bicycle riders.
    • You must not dismantle, write on, or otherwise modify or deface a Bicycle or any part of a Bicycle in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Bicycle in any way. You must not use a Bicycle for any advertising or similar commercial purpose. This rule does not apply to the use of the seat height adjustment feature on Bicycles.
    • You must not exceed the maximum weight limit for the Bicycle (117 kg) or the cargo carrier (7.7 kg), and You must not otherwise use the cargo carrier improperly with regard to type of contents or any visual obstruction or riding impediment.
    • You must not operate a Bicycle in poor or dangerous weather conditions, including snow, hail, or electrical storms, which could make it more dangerous to operate a Bicycle. You are advised to adjust Your riding behavior and braking distance to suit the weather conditions, and you must promptly act in a safe manner and return, if it would be necessary and prudent to do so, Your Bicycle to an available Bike Dock.
    • You must not allow others to use a Bicycle that You have removed from a Bike Dock. You understand that when You remove a Bicycle from a Bike Dock, the Bicycle must be used only by You. You must not transfer Your system key, 7-digit code on the system key, or any other unique Member information to any other person.

  2. Releases; Disclaimers; Limited Liability; Assumption of Risk.Back to top

    • Section 6 Releases.Back to top

      "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 (a) any of the Services, including any of the Divvy bicycles, Stations, Bike Docks, or related information, or (b) Your use of any of the foregoing. “Released Persons” means, collectively, (i) Motivate and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, (ii) the City of Toronto and all of their respective elected and appointed officers, officials, employees, and agents, (iii) every sponsor of any of the Services and all of the sponsor's owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, and (iv) every holder of property on which is located a Station and all of the property holder's owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns. In exchange for You being allowed to use any of the Services, Bike Share Toronto bicycles, Stations, Bike Docks, or related information, You (acting for Yourself and for all of Your family, heirs, agents, affiliates, representatives, successors, and assigns) do hereby fully and forever release and discharge all Released Persons for all Claims that You have or may have against any Released Person, except for Claims caused by the Released Person’s gross negligence or willful misconduct. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defense to any Claim, as intended 3rd beneficiaries of such releases.

    • Section 7 DISCLAIMERS.Back to top

      YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, BICYCLES, STATIONS, BIKE DOCKS, OR RELEATED INFORMATION IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, BICYCLES, STATIONS, BIKE DOCKS, OR RELATED INFORMATION, MOTIVATE AND ALL OTHER RELEASED PERSONS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL OF THE SERVICES, BICYCLES, STATIONS, BIKE DOCKS, AND RELATED INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE" (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK). MOTIVATE AND ALL OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, BICYCLES, STATIONS, BIKE DOCKS, OR RELEATED INFORMATION WILL BE IN GOOD REPAIR OR ERROR-FREE, AND DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, BICYCLES, STATIONS, BIKE DOCKS, OR RELEATED INFORMATION. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE SERVICES, BICYCLES, STATIONS, BIKE DOCKS, OR RELEATED INFORMATION, AND MOTIVATE AND ALL OTHER RELEASED PERSONS ARE NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. YOU ASSUME FULL AND COMPLETE RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES AND CLAIMS OF ANY KIND OR NATURE WHATSOEVER RELATED TO YOUR STOLEN OR LOST BICYCLE OR SYSTEM KEY.

    • Section 8 LIMITED LIABILITY.Back to top

      YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, MOTIVATE AND ALL OTHER RELEASED PERSONS 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 OF THE SERVICES, BICYCLES, STATIONS, BIKE DOCKS, OR RELEATED 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 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 MOTIVATE OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. THE TOTAL LIABILITY OF MOTIVATE AND ALL OTHER RELEASED PERSONS 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 9 Assumption of Risk by Member.Back to top

      Member is solely and fully responsible for the safe operation of the Bicycle at all times. Member agrees that bicycles are machines that may malfunction, even if the bicycle is properly maintained, and that such malfunction may cause injury. Member agrees that riding a Bicycle involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to Member or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Member agrees that such risks, dangers, and hazards are Member's sole responsibility. Member agrees that if Member's use of any of the Services causes any injury or damage to another person or property, then Member may be liable for all resulting injuries, damages, and related costs. By choosing to ride a Bicycle, Member assumes full and complete responsibility for all related risks, dangers, and hazards, and Member agrees that MOTIVATE and all other Released Persons are not responsible for any injury, damage, or cost caused by Member with respect to any person or property, including the Bicycle itself.

  3. Directions and Additional Terms of Use.Back to top

    • Section 10 Activation of System Key.Back to top

      Once You are successfully registered as an Annual or Monthly Member to use the Services, MOTIVATE will mail a system key to the mailing address listed by You. You must activate the system key on the Website, under the "Member Login" heading, before using the Services for the first time. A membership becomes valid and active once the system key is activated.

    • Section 11 Removing Bicycle by Annual or Monthly Member.Back to top

      Annual or Monthly Members must insert their system key into the reader slot on the Bike Dock keyboard, to remove the Bicycle from the Bike Dock. After the system key has been inserted into the reader slot, the Annual or Monthly Member has 15 seconds to remove the Bicycle from the Bike Dock. The signal light remains yellow during the validation of the Annual or Monthly Member's system key, and the signal light turns green when the Bicycle can be removed. Two sound signals are also emitted. If the Bicycle is not removed within 15 seconds, the Bike Dock locks and the Annual or Monthly Member must repeat the process described above..

      Before each use of a Bicycle, Member must conduct a safety inspection of the Bicycle, which includes inspecting all of 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. Member must not ride the Bicycle if Member notices any mechanical or other problem or safety issue; and, in such case, Member must promptly notify MOTIVATE of all problems and issues and Member must use a different Bicycle. Member agrees to press the "Faulty Bike" button within 1 minute after docking any Bicycle that Member notices has any mechanical or other problem or safety issue.

    • Section 12 Returning Bicycle.Back to top

      To return a Bicycle, Member must secure it into an available Bike Dock; and, a sound signal will be emitted, and the signal light will turn yellow and then green, to confirm that the Bicycle has been properly secured to the Bike Dock; however, if the Bicycle is not properly secured to the Bike Dock, then the signal light will turn red, and a longer signal sound will be emitted. If the signal light turns red, then Member must repeat the operation until the signal light turns green and the Bicycle is properly secured in the Bike Dock; however, if after several attempts the signal light does not turn green, then Member must return the Bicycle to another available Bike Dock. If there is no available Bike Dock at the Station, then Member must push the "Time Credit" icon on the Pay Station screen to obtain an additional 15-minute credit in which to return the Bicycle to another Station. No fee is charged to Member for the additional 15-minute credit. Any Bicycle that is not properly secured remains the sole responsibility of Member, and the overtime fees set forth in Section 2 will be charged until the Bicycle is properly secured.

    • Section 13 Obtaining Receipt.Back to top

      Member may print a receipt to confirm that the Bicycle has been properly returned to the Bike Dock, by pushing the "Rental Receipt" icon on the Pay Station screen. The date and time of return are indicated on the receipt, and the receipt may be used to dispute a chargeable trip.

    • Section 14 Helmets; Safety.Back to top

      MOTIVATE recommends that all Members wear a Snell B90/B95, CPSC, EN, CSA or ASTM approved helmet that has been properly sized, fitted, and fastened, according to the manufacturer's instructions. MEMBERS AGED 16 AND 17 YEARS MUST WEAR AN APPROVED BICYCLE HELMET WHEN USING A BICYCLE. Wearing a Snell B90-B95, CPSC, EN, CSA 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. MOTIVATE and the other Released Persons do not represent or warrant the quality or safety characteristics of any helmet, and Member agrees that MOTIVATE and the other Released Persons are not liable for any injury suffered by Member while using any of the Services, whether or not Member is wearing a helmet at the time of injury. Member agrees that, when using any of the Services, Member might need to take additional safety measures and precautions that are not specifically addressed in this Agreement.

    • Section 15 Additional Terms of Use.Back to top

    • You represent, warrant, and agree that You are a safe and competent bicycle operator, You are sufficiently fit and physically capable to safely ride a bicycle without any risk to Your health, You are knowledgeable about the operation of a bicycle, and You are knowledgeable about the laws pertaining to bicycles operated within the City of Toronto. Like any physical activity, riding a Bicycle may cause minor or major injuries or discomfort and may worsen or complicate underlying medical conditions or diseases. By choosing to ride a Bicycle, You assume all responsibilities and risks for all such injuries or other medical conditions.
    • You represent, warrant, and agree that MOTIVATE is not responsible for providing or maintaining bicycle lanes or any other place where You may ride Bicycles, and that MOTIVATE and the other Released Persons do not guarantee that there will always be a safe place to ride a Bicycle. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards. You must not use a Bicycle for racing, riding off road, or any other use, besides safe operation on public or private roads or property and designated bicycle routes.
    • You represent, warrant, and agree that MOTIVATE and the other Released Persons are not common carriers. Alternative means of public and private transportation are available to the general public and to You, including public buses and rail services, taxis, and pedestrian paths. MOTIVATE provides 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 a Bicycle on their own and who have agreed to all terms and conditions of this Agreement.
    • You agree that access to the Services is denied to any person less than 16 years of age, whether or not accompanied by a parent or guardian. Minors who are at 16 years of age or older may use the Services, but only if the Services are subscribed for by, and the minors are under the responsibility of, the minor's parent or legal guardian. By authorizing use of the Services by a minor, the parent or legal guardian (i) agrees that he or she is fully and completely responsible and liable for all injuries, damages, costs, and expenses arising from or related to the minor's use of the Services, and (ii) represents, warrants, and agrees that he or she is the minor's parent or legal guardian and that he or she and the minor have all accepted and agreed, as a Member, to all terms and conditions of this Agreement.
    • Member must report to the police and to Bike Share Toronto Customer Services at 1-855-898-2378 as soon as possible, but in no event later than 24 hours, after the occurrence of (i) any crash, damage, loss, or personal injury while using a Bicycle, (ii) any vandalism of any of the Services, (iii) any stolen or lost Bicycle, and (iv) any stolen or lost system key.
    • Member is fully and completely responsible for all charges, damages, and injuries that arise from or relate to any use of Member’s system key before (i)a deactivation of the key by MOTIVATE upon the expiration of membership, or (ii) a report to the Bike Share Toronto Customer Services at 1-855-898-2378 that the system key is lost or stolen.
    • Section 16 Limitations on Availability of Services.Back to top

      MOTIVATE makes every effort to provide the Services for 365 days per year; however, MOTIVATE does not guarantee that the Services will be available at all times, as force majeure events or other circumstances might prevent MOTIVATE from providing the Services from time to time. Access to the Services also is conditioned on the availability of Bicycles and available Bike Docks at each Station. MOTIVATE does not represent or warrant the availability of any Services or the availability of any Bicycles or Bike Docks at any Station. No sponsor of Bike Share Toronto has any responsibility for providing any Services. Members should use the Website to check the inventory of Bicycles and Bike Docks available at a Station. Member agrees that MOTIVATE may require Member to return a Bicycle at any time.

  4. Miscellaneous.Back to top

    • Section 17 Term and Termination.Back to top

      The term of this Agreement begins when You first use the Services, and the term ends 10 years after Your last use of the Services; provided, however, that Your personal financial responsibility under Section 4 of this Agreement, titled Credit and Debit Card Matters, expires one year after the later of (i) Your last use of the Services, or (ii) the expiration of Your membership. At any time and from time to time, and without Your consent, MOTIVATE may unilaterally terminate Your right to use any of the Services, in MOTIVATE's sole discretion and without any notice or cause.

      You may terminate Your use of the Services at any time; provided, however, that (i) no refund will be provided by MOTIVATE, (ii) the term of this Agreement continues in accordance with this Section, and (iii) You may still be charged any applicable additional fees arising under this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Your right to use any of the Services, regardless of how the Agreement is terminated.

      All annual or monthly memberships may be auto-renewed upon the membership period's expiration. Members who have been enrolled into auto-renew may discontinue their membership from auto-renewing by deselecting the "Auto-Renew Membership" box found on the Profile page within the Member Area of the Website. Members who wish to be enrolled into auto-renew may do so by selecting the Auto-Renew Membership box found on the Profile page within the Member Area of the Website.

      Within one year or month after a prior membership has expired, Annual or Monthly Member may renew the membership on the Website, under the "Member Login" heading. If the membership is not renewed within this period of time, then Annual or Monthly Member may be required to (i) take certain actions to reactivate Annual or Monthly Member's old account, or (ii) create an entirely new account for a new membership. The membership, and the personal identification number and system key related thereto, are non-transferable and may be terminated if Annual or Monthly Member breaches this Agreement, as decided by MOTIVATE in its sole discretion.

    • Section 18 Privacy.Back to top

      By applying for and using this membership, you are consenting to the following Privacy Statement:

      The personal information obtained from this on-line application form and from your use of the Bikeshare system is collected by Motivate on behalf of the Toronto Parking Authority under the legal authority of the City of Toronto Act, 2006, S.O. 2006, c. 11, ss. 7, 8, and 143 and the City of Toronto Municipal Code, s. 179-7.1.

      This personal information will be used:

      1. to maintain your membership

      2. to provide billing for your membership

      3. to track in the aggregate among all members any or all of the following (collectively, the “data”):

      a. geographic area and/or postal code in which a member resides

      b frequency of a member’s ridership

      c. origination point, termination point, and/or route of each member’s rides

      4. where legally obligated, to share the data indicated in Item 3 above with other governmental authorities to use for planning and growth purposes provided, however, that any such data sharing will not include member names, member telephone numbers, member e-mail addresses, and/or member payment and billing information

      5. to contact you about this program and similar programs Any collection, use and/or disclosure of such personal information as set forth above, or otherwise, is subject to the Municipal Freedom of Information and Protection of Privacy Act, 1990, R.S.O. 1990 c. M56.

      Please direct any questions about this Privacy Statement to the General Manager, Motivate Company Toronto Inc., 138 Hamilton Street, Toronto, Ontario M4M 2E1, Email : privacy@bikesharetoronto.com and Phone: 416-853-7765..

    • Section 19 Notices.Back to top

      You may contact MOTIVATE by writing, calling, or emailing MOTIVATE at the street address, telephone number, and email address listed below:

      Motivate
      5202 3rd Avenue, Brooklyn, NY 11220
      Customer Service: 1-855-898-2378
      customerservice@bikesharetoronto.com

    • Section 20 Choice of Law; Dispute Resolution.Back to top

      This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the Province of Ontario, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the Province of Ontario and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in the Province of Ontario; and (iv) the parties must submit the dispute to mandatory mediation held in the Province of Ontario. Every mediation must be completed within 6 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 6-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial.

    • Section 21 Waivers.Back to top

      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.

      For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to MOTIVATE and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to MOTIVATE and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as MOTIVATE may decide in its sole discretion, the photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge all Released Persons from all Claims that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.

    • Section 22 Cumulative Remedies.Back to top

      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 23 Final Agreement; Modification by MOTIVATE.Back to top

      This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, MOTIVATE may unilaterally amend, modify, or change this Agreement, in its sole discretion. Notice that this Agreement is amended, modified or changed by MOTIVATE will be given to You by either: (i) a posting of a notice on the MOTIVATE website; OR (ii) an e-mail to You; OR (iii) by mail. By continuing to use any Services after any amendment, modification, or change notice was provided, Member has agreed to be bound by all such amendments, modifications, and changes. Member must carefully check the MOTIVATE website and provided e-mail address on a regular basis to maintain awareness of all amendments, modifications, and changes. Notwithstanding any provision in this Agreement that may be to the contrary, the pricing set forth on the Website supersedes all pricing set forth in this Agreement.

    • Section 24 Contract Interpretation.Back to top

      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." Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.

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