NYC Supplemental Terms
In addition to, and without limiting the generality of, the User Agreement, the following amendment applies to scooter rides taken in New York City, New York. Please read these terms carefully before using a scooter in New York City. By using a scooter in New York City, you agree to the following amendments to the Terms with regard to your ride in New York City.
The last paragraph in Section 1 of the Terms is deleted in its entirety and replaced with the following:
IMPORTANT NOTE ON : PLEASE CAREFULLY REVIEW THE PROVISION IN SECTION 18, WHICH REQUIRES YOU TO RESOLVE ANY DISPUTES WITH US IN MANDATORY MEDIATION PRIOR TO FILING A LAWSUIT. YOUR AGREEMENT TO THESE TERMS INDICATES YOUR EXPRESS ACKNOWLEDGEMENT AND AGREEMENT THAT YOU HAVE READ AND UNDERSTAND HOW THE PROVISION WORKS.
Section 18 of the Terms is deleted in its entirety and replaced with the following:
Section 18. MUTUAL MANDATORY MEDIATION PROVISION.
Before bringing a formal legal case, please first try contacting our Customer Support. Most disputes can be resolved that way.
This provision is governed by, and must be construed and enforced in accordance with, the laws of New York State, excluding principles of conflicts of laws. For every dispute related to the use of our Services: the parties must submit the Dispute to mandatory mediation held in New York State. Every mediation must be completed within 6 months of the date when the initial notice demanding mediation was provided by any party. The parties agree to work in good faith to settle the Dispute by mediation through the selection of a mutually agreed upon mediator. Each party shall bear its own costs and expenses associated with the mediation and pay an equal share of the mediation fees and costs. If, however, any laws require Lime to pay a greater portion or all of such fees and costs in order for this Section 18 to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to mediation.
In the event that 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.
This Mutual Mandatory Mediation Provision will survive any termination of the Services and/or your relationship with us.
This Mutual Mandatory Mediation Provision is the full and complete agreement relating to the formal resolution of disputes covered by this Agreement. Section 18 can be amended only by our mutual written agreement. In the event any portion of this Mutual Mandatory Mediation Provision is deemed unenforceable, the remainder of this provision will be enforceable.
Small Claims Matters Are Excluded from Mediation Requirement: Notwithstanding the foregoing, either you or Lime may bring a Dispute in small claims courts of competent jurisdiction. Lime reserves the right to reject your request for arbitration for any Dispute which can be resolved in small claims courts.