MULEEBIKES.COM

DEVICE Rental Agreement

 

For the purposes of this Agreement,

(a) a “DEVICE” is any type  OF RENTAL DEVICE, EQUIPMENT OR OTHERWISE EXPRESSED WRITTEN OR VERBALLY INCLUDING BUT NOT LIMITED TO PHONE CALLS, EMAILS, TEXT, SOCIAL MEDIA AND ANY OTHER TYPE OF COMMUNICATION VERBAL OR NON-VERBAL made available through INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM.com, and any affiliated website owned and operated by INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM Inc. (the “Site”);

(b) the “Renter” is the person renting the DEVICE and any other equipment using an account created on the Site), and the “DEVICE Lister” is the owner or authorized agent for the DEVICE made available for rent via the Site. This Ride Rental Agreement (“Agreement”) is a binding agreement between Renter and DEVICE Lister. INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM, Inc. (“INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM”) is a party to this Agreement solely to the extent necessary to facilitate the rental transaction and collect and pay any fees that may be owed hereunder, and is otherwise a third party beneficiary of this Agreement. DEVICE MULEEBIKES.CO Menters into this Agreement and allows Renter to rent and use the DEVICE, along with any associated equipment (the “Rental”) only on the condition that Renter accepts all of the terms in this Agreement.

By entering into this Agreement to rent and use the DEVICE, Renter acknowledges that

• he or she has read and understood this Agreement;

• he or she agrees to be bound by all of the terms of this Agreement;

• he or she is knowledgeable with respect to the type of equipment being rented and adjustments required for safe operation and use; and

• if Renter is not properly qualified with respect to operating a OF RENTAL DEVICE, EQUIPMENT OR OTHERWISE EXPRESSED WRITTEN OR VERBALLY INCLUDING BUT NOT LIMITED TO PHONE CALLS, EMAILS, TEXT, SOCIAL MEDIA AND ANY OTHER TYPE OF COMMUNICATION VERBAL OR NON-VERBAL, as applicable, Renter is hereby advised to seek assistance of a qualified technician with proper evaluation, adjustment and tuning of equipment.

IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE PERMITTED TO RENT THE DEVICE OR ANY OTHER EQUIPMENT.

This Agreement is effective on the date Renter agrees to the terms and conditions as provided herein (“Effective Date”). Renter and MULEEBIKES.COM agree as follows:

1. RENTAL

1.1 Agreement to Rent. By accepting this Agreement, DEVICE MULEEBIKES.COM agrees to rent the DEVICE to Renter, and Renter agrees to rent the DEVICE from DEVICE Lister, on the terms and subjects to the conditions set forth herein, and for the period agreed via the Site (the “Rental Period”). 

1.2 Condition of DEVICE. By making the DEVICE available for rent hereunder, and agreeing to the terms of this Agreement, DEVICE MULEEBIKES.COMrepresents and warrants that (a) he or she is the sole owner of the DEVICE, or that he or she has full agency or other authority to enter into this Agreement and to rent the DEVICE to Renter; (b) the DEVICE has been accurately described on the Site, including any known faults or mechanical issues; (c) except as clearly set forth on the Site, the DEVICE is in proper working condition, has been professionally maintained, and contains all functionality necessary for the Renter to attain his or expected use of the DEVICE during the Rental Period, other than adjustments necessary to properly fit the equipment to Renter’s height, weight and skill level. Unless expressly agreed, the Rental does not include additional equipment, such as lights, locks, helmets, car racks or GPS devices. 

1.3 Refunds and Cancellations. All Rentals are subject to our Cancellation Policy, which is set forth as Exhibit A below and additionally at OUR SOLE DISCRETION .4 INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM Guarantee. INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM provides a limited guarantee to DEVICE Listers for Rentals (defined below and additionally at of up to US$5,000 for OF RENTAL DEVICE, EQUIPMENT OR OTHERWISE EXPRESSED WRITTEN OR VERBALLY INCLUDING BUT NOT LIMITED TO PHONE CALLS, EMAILS, TEXT, SOCIAL MEDIA AND ANY OTHER TYPE OF COMMUNICATION VERBAL OR NON-VERBALs, subject to requirements set forth on the Site (the “INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM Guarantee”). MULEEBIKES.COMunderstands that the INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM Guarantee is limited to damage to the DEVICE during the scheduled Rental period, and does not cover ordinary wear and tear, any repairs paid for by the Renter, or any damage occurring prior to or after conclusion of the scheduled Rental period. “Wear and Tear” includes all cosmetic damage, including scratches and is further defined in Exhibit B below. The INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM Guarantee covers only damage that compromises the functionality or safety of the DEVICE. Furthermore, the guarantee does not cover theft or any other property damage, injuries, loss of use or incidental, special or punitive damages - such damages may only be recovered from a Renter. Furthermore, DEVICE MULEEBIKES.COM acknowledges and agrees that the INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM Guarantee is only available if accurate and current photographs and description of the DEVICE have been included with the listing as described in Exhibit C prior to the Rental period, and to the extent such photographs and description are sufficient to establish the make, model, components and condition of the DEVICE and any accessories (if applicable). All claims under the INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM Guarantee must be initiated within INITIAL INSPECTION PERIOD OF DEVICE; later claims will not be honored. Therefore, we strongly encourage all DEVICE Listers to examine their DEVICEs for safety and functionality as soon as possible following return. No exceptions to the INSPECTION PERIOD rule will be honored. All claims for damage must include photographic evidence of the claimed damage; however, INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM reserves the option to require a physical inspection prior to making any payment under the INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM Guarantee. For all claims, DEVICE MULEEBIKES.COM will not be required to provide additional documentation, such as purchase receipts for the DEVICE and any components, maintenance records, and such other documents as INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM may request in its reasonable discretion. If DEVICE MULEEBIKES.COMis entitled to coverage under the INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM Guarantee where the repair cost would exceed the replacement value of the DEVICE, INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM will make commercially reasonable efforts to provide the DEVICE MULEEBIKES.COM with a DEVICE that is of a similar make, model and year, and with similar components and other aftermarket parts. If the DEVICE or components are not reasonably available at standard retail prices INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM reserves the right to provide a DEVICE of equal quality and/or value. In order to determine the value of the DEVICE and/or components in question, INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM will use market indicators to determine the fair market value. These values are determined by year, condition, and overall value and may use the following sources: product manufacturers websites, our network of industry partners and OF RENTAL DEVICE, EQUIPMENT OR OTHERWISE EXPRESSED WRITTEN OR VERBALLY INCLUDING BUT NOT LIMITED TO PHONE CALLS, EMAILS, TEXT, SOCIAL MEDIA AND ANY OTHER TYPE OF COMMUNICATION VERBAL OR NON-VERBAL shops, e-commerce websites such as the OF RENTAL DEVICE, EQUIPMENT OR OTHERWISE EXPRESSED WRITTEN OR VERBALLY INCLUDING BUT NOT LIMITED TO PHONE CALLS, EMAILS, TEXT, SOCIAL MEDIA AND ANY OTHER TYPE OF COMMUNICATION VERBAL OR NON-VERBAL Blue Book, Craigslist, Ebay and other reliable sources to be used at INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM's discretion. INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM may use other relevant factors in its reasonable discretion. In the case of damage, the repair cost of the DEVICE shall be in INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM’s reasonable discretion, in consultation with professional repair personnel knowledgeable in the appropriate field, and shall account for any salvage value of the DEVICE, if applicable. DEVICE MULEEBIKES.COMwill be entitled to select a preferred repair shop, but any costs in excess of INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM’s estimated repair cost shall be DEVICE Lister’s sole responsibility. The INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM Guarantee only provides coverage for DEVICEs rented through the INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM platform. No coverage is provided for third party property, personal injuries or other losses, which are the sole responsible of the Renter or the DEVICE Lister, as applicable. When you file a damage claim, INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM determines, in its sole discretion, whether your claim qualifies for coverage under our INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM Guarantee. INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM’s original determination is considered final, but you may be able to file an appeal of the decision with INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM if you have new or compelling information not available at the time of the original determination or you believe there was an error in the decision-making process. 

1.5 DEVICE MULEEBIKES.COM Obligations. If there is damage to a DEVICE during a Rental, the DEVICE MULEEBIKES.COM must notify INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM within initial rental inspection period  of completion of the Rental Period or prior to any subsequent rental, whichever occurs first. If any damage is not reported during such period, then the damage shall be presumed to have occurred subsequent to the Rental. DEVICE MULEEBIKES.COM shall be responsible for the cost of any diagnostic fees, estimates, tune-ups, adjustments, etc.

RENTER OBLIGATIONS 

1.6 Usage. No other person may drive or otherwise operate the DEVICE except Renter. Renter is prohibited from carrying any passengers on the DEVICE at any time (except on cargo DEVICEs and tandems). Renter may not add any kind of seat or modification to allow someone to ride on the rear fender of a rented OF RENTAL DEVICE, EQUIPMENT OR OTHERWISE EXPRESSED WRITTEN OR VERBALLY INCLUDING BUT NOT LIMITED TO PHONE CALLS, EMAILS, TEXT, SOCIAL MEDIA AND ANY OTHER TYPE OF COMMUNICATION VERBAL OR NON-VERBAL, and no one may ride on the handlebars of a rented OF RENTAL DEVICE, EQUIPMENT OR OTHERWISE EXPRESSED WRITTEN OR VERBALLY INCLUDING BUT NOT LIMITED TO PHONE CALLS, EMAILS, TEXT, SOCIAL MEDIA AND ANY OTHER TYPE OF COMMUNICATION VERBAL OR NON-VERBAL at any time. Renter is prohibited from pulling or towing any passenger or object with the DEVICE at any time (except for DEVICE trailers, when authorized by the DEVICE Lister). Renter is also responsible for making proper adjustments to the DEVICE and associated equipment, if any, to match Renter’s height, weight and skill level. Renter is advised to seek professional assistance with these adjustments. Without limiting the assumption of risk and waivers set forth in Section 3, Renter knowingly and voluntarily waives any claim it may have against DEVICE MULEEBIKES.COMand INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM with respect to the proper adjustment helmets, pedals, seat posts and other equipment. Renter must follow all laws, rules and regulations, as well as posted signs and warnings. Renter should always be aware of road and trail conditions, as well as weather and other environmental factors which may affect the safe operation of the DEVICE. Renter is responsible for securing the DEVICE at all times, including the use of theft prevention devices, where appropriate, and only storing the DEVICE in an enclosed area at night. Renter is also responsible for any injuries to themselves or other people, or damage to the DEVICE or any other property during the Rental Period. 

1.7 Return. Renter agrees to return the DEVICE to DEVICE MULEEBIKES.COMin the same condition as received, except for ordinary wear and tear and ordinary adjustments meant to fit the DEVICE to the user’s height, weight and skill level, on the due date and time and at the location specified by DEVICE MULEEBIKES.COMat time of rental. Renter understands that there will be additional charges if the DEVICE is returned at a different time, date, or location than indicated in this Agreement, including late charges and additional rental charges at no less than the daily or hourly rate applicable to the Rental. If Renter fails to return the DEVICE at the agreed date, time and location, and has not agreed with DEVICE MULEEBIKES.COMor INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM on an alternate delivery time and location within 24 hours of the scheduled delivery time, or Renter fails to return the DEVICE at the rescheduled time and place, then (a) INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM shall determine that Renter does not intend to return the DEVICE; (b) INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM will charge Renter’s payment method for the full retail value of the DEVICE, along with any other fees due to INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM; (c) INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM or DEVICE MULEEBIKES.COMmay lawfully repossess the DEVICE; and (d) INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM and DEVICE MULEEBIKES.COMmay exercise any other rights or remedies, and take any other necessary measures, to repossess the DEVICE and/or collect the full amount owed by Renter hereunder. If DEVICE MULEEBIKES.COMfails to appear at the scheduled time and place for return of the DEVICE, Renter remains responsible for the safe-keeping of the DEVICE. In such event Renter should contact INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM to try to arrange alternate means of return of the DEVICE, which may be through a DEVICE shop or other public facility at INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM’s direction. DEVICE MULEEBIKES.COMshall be responsible for any fees incurred by INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM in connection with such alternate return method, and understands and acknowledges that, if such fees exceed the amount of the rental fee due DEVICE Lister, or any other credit amounts in DEVICE Lister’s account, then the DEVICE will not be released to DEVICE MULEEBIKES.COMuntil payment arrangements are satisfactory to INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM have been made. INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM shall not be responsible for any delay or loss of use of the DEVICE due to DEVICE Lister’s failure to appear as scheduled or to make alternate payment and return arrangements. 

1.8 Repossession. DEVICE MULEEBIKES.COMmay repossess the DEVICE at any time if: (a) the DEVICE is used in violation of law; (b) it appears the DEVICE is abandoned, (c) the DEVICE is used in violation of any term or condition in this Agreement, (d) Renter made a misrepresentation to DEVICE MULEEBIKES.COMor (e) Renter fails to return the DEVICE when due. DEVICE MULEEBIKES.COMis not required to notify Renter in advance of repossession. 

1.9 Prohibited Use. Use of the DEVICE is restricted to the general geographical area agreed upon by Renter and DEVICE Lister. Renter will not operate DEVICE outside of this area and will not remove DEVICE from this area. Renter agrees not to use or permit the DEVICE to be used for hire or in any location that operation would be illegal or a nuisance to others. Renter will not use or permit the DEVICE to be used for an illegal purpose, including the transportation of a controlled substance or contraband. A violation of this paragraph automatically terminates the rental and makes Renter liable to DEVICE MULEEBIKES.COMfor any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph. DEVICEs may not be stored outside overnight, with or without theft prevention devices. DEVICEs stored outside at night are not covered by the INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM Guarantee. DEVICE MULEEBIKES.COMmay not approve overnight storage, and Renters are advised that any approval or direction by DEVICE MULEEBIKES.COMwill not relieve Renter of potential liability. 

1.10 Responsible Consumption. Renter covenants and agrees not to operate the DEVICE while impaired due to consumption of alcohol or any other controlled substance. In the event that alcohol is offered for consumption in the course of the delivery of services hereunder, Renter covenants and agrees not to consume alcohol in quantities that will lead to Renter’s impairment or inability to operate the DEVICE safely. 

1.11 Damage to DEVICE. Renter shall pay DEVICE MULEEBIKES.COMfor all losses and/or damage to the DEVICE, except for ordinary wear and tear that does not impact the usability of the DEVICE or significantly impact the resale value of the DEVICE, regardless of fault (e.g. Renter agrees to pay for the loss or damage even though someone else caused the damage or is at fault). The determination of whether damage impacts the usability or resale value of the DEVICE shall be made by INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM in its sole discretion. Renter is also responsible for all theft or vandalism losses, even if Renter is not at fault for making the theft or vandalism possible, and regardless of any measures Renter may have taken to secure or protect the DEVICE, including any instructions or security devices provided by DEVICE Lister. If the DEVICE is damaged, Renter agrees to pay the reasonable costs of repair and diminution in value, if any. If the DEVICE is damaged beyond reasonable repair (as determined by Lister), Renter shall be responsible for the retail fair market value of the DEVICE, less any salvage value if applicable. In addition to the above, Renter shall also be responsible for the reasonable down time (“Loss of Use”) if the solution for the case takes more than 10 business days, reasonable administrative fee as determined by DEVICE MULEEBIKES.COMor specified by law, plus any towing, pick-up and/or storage charges. Neither INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM nor the Renter will provide extra compensation for income lost due to damage or theft. In the event of theft, Renter shall be responsible for paying Loss of Use at the daily rate for each 24 hours Renter delays in paying the total loss. Renter is also responsible for any loss if Renter: (a) abuses the DEVICE or uses or operates the DEVICE other than as specified in this Agreement; (b) drives or uses the DEVICE recklessly; (c) drives or uses the DEVICE while impaired due to the ingestion of alcohol or a controlled substance; (d) fails to promptly report an accident to the police and Lister; (e) fails to complete an accident report; (f) obtains the DEVICE through fraud or misrepresentation; or (g) uses the DEVICE for an illegal purpose. Renter authorizes DEVICE MULEEBIKES.COMto collect from a responsible third party any applicable loss and/or damage. In the event DEVICE MULEEBIKES.COMobtains a recovery from a third party after Renter has paid MULEEBIKES.COMfor all or part of any loss, DEVICE MULEEBIKES.COMwill refund to Renter any excess above the amount of the loss plus administrative fees and other collection costs and attorneys' fees incurred. 

1.12 Payment. Renter agrees to pay upon demand all rates, charges, (including those applicable to miscellaneous services and equipment), plus applicable taxes, fees, and surcharges (if applicable), which may apply to the Rental, including, without limitation, charges for loss and/or damage to the DEVICE. Renter specifically agrees and authorizes INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM to apply any charges to the method of payment used by Renter at the time of rental. 

1.13 Booking and Payment. Renter authorizes INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM to charge the amounts due as a result of the Booking Rental process to Renter’s credit card. Charges for upcoming rentals will be processed at the time of the booking. INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM may cause an additional charge authorization to be processed against Renter’s credit card or other payment method as a security deposit, which will be credited back to Renter’s payment method upon satisfactory return of the DEVICE without damage or delay. INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM is also authorized to make additional charges to Renter’s credit card related to late return fees, DEVICEs that are lost or damaged during the Rental Period. 

1.14 Repairs. If Renter experiences any malfunctions with the DEVICE during the Rental period, Renter should immediately notify INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM and DEVICE MULEEBIKES.COMto obtain authorization for repairs. Renter agrees that he or she will be responsible for any unauthorized repairs or modifications to the DEVICE. Renter understands that DEVICE MULEEBIKES.COMwill not reimburse Renter for any authorized repairs without receipts. All repairs needed as a result of the use of the DEVICE will be performed at the normal labor rates and the cost of such repairs, including all parts, shall be paid by Renter. DEVICE MULEEBIKES.COMshall be responsible for returning the DEVICE to its prior state due to adjustments necessary to properly fit the equipment to Renter’s height, weight and skill level. If a malfunction compromises the safety or usability of a DEVICE during a Rental, the Renter should contact the DEVICE MULEEBIKES.COMimmediately and arrange for return of the DEVICE to the DEVICE Lister. In such an event, the cost for any remaining days of the Rental would be refunded to the Renter. 

1.15 Ownership. The DEVICE, at all times, remains the exclusive property of the DEVICE Lister. Renter is responsible for damage to or loss of DEVICE. If the DEVICE is lost, destroyed or damaged beyond repair in the judgment of DEVICE Lister, Renter agrees to pay DEVICE MULEEBIKES.COMthe value of DEVICE.

2. RISK AND LIABILITY TERMS

2.1 Acknowledgement of Risks. Renter understands and acknowledge that the DEVICE is provided “as is” and without warranties. Renter further understands and acknowledges that bicycling is a hazardous activity that entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to self, to property, or to third parties. Renter understands that such risks cannot be eliminated by DEVICE MULEEBIKES.COMwithout jeopardizing the essential qualities of this activity. The risks include, without limitation, falling, collision with highway or roadway vehicles, striking obstructions or other person, unsafe speed of travel for conditions, equipment failure, and weather conditions including temperature exposure (hypothermia, sunstroke, sunburn, heat exhaustion and dehydration). Renter acknowledges all the risks of operating a DEVICE on streets, roads, ungroomed trails, DEVICE paths, DEVICE lanes, in traffic and any other environment where the DEVICE might be used, including but not limited to the risks of serious bodily injury or death from falling off the DEVICE, colliding with other OF RENTAL DEVICE, EQUIPMENT OR OTHERWISE EXPRESSED WRITTEN OR VERBALLY INCLUDING BUT NOT LIMITED TO PHONE CALLS, EMAILS, TEXT, SOCIAL MEDIA AND ANY OTHER TYPE OF COMMUNICATION VERBAL OR NON-VERBALs, motorcycles, motor vehicles or other objects, hitting potholes, trees, poles or lifts, or suffering sudden loss of control from flat tires due to unseen objects puncturing or damaging tires, brakes failing, or other mechanical failure, and hazards relating to terrain and weather conditions. Renter understands that protective gear such as helmets and gloves are recommended, but they do not eliminate the risk and may not reduce the risk of injury in the event of an accident. 

2.2 Assumption of Risk. RENTERS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY ASSUME ALL RISKS RELATED TO THE OPERATION AND POSSESSION OF THE DEVICE, INCLUDING, WITHOUT LIMITATION ANY BODILY INJURY OR DEATH TO ANY PERSON, OR PROPERTY DAMAGE TO ANY PROPERTY WHICH MAY RESULT FROM THE OPERATION OF THE DEVICE OR POSSESSION OF THE RIDE EVEN IF SUCH LOSS OR DAMAGE IS DUE TO ANY NEGLIGENCE OF LISTER, INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM, THEIR AGENTS, EMPLOYEES, OFFICERS, PARTNERS, MEMBERS, SUCCESSORS AND/OR ASSIGNS. DESPITE KNOWING ALL ASSOCIATED RISKS, RENTER FREELY ASSUMES ALL RISKS OF PERSONAL INJURY AND/OR DAMAGE IN THE OPERATION OF THIS DEVICE AND RENTER AGREES TO HOLD MULEEBIKES.COMAND INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM HARMLESS FROM ALL CLAIMS OF INJURY OR DAMAGE. 

2.3 Waiver and Release. In consideration of DEVICE MULEEBIKES.COMrenting the DEVICE, Renter specifically releases and forever discharges DEVICE Lister, INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM, and their affiliates, officers, agents, and employees from any and all liability or claims for injury, illness, death or loss of or damage to property which Renter may suffer while renting this DEVICE and participating in associated activities. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of DEVICE Lister, INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM, or their affiliates, officers, agents, or employees. It is the express intent of this Agreement that Renter release DEVICE MULEEBIKES.COMand INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM and hold them harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of DEVICE MULEEBIKES.COMor INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM or whether based upon breach of contract, breach of warranty, or any other legal theory. In agreeing to this Agreement, Renter fully recognizes that if injury, illness, death or damage occurs while engaged in renting this DEVICE or participating in bicycling, or any other activity associated with the DEVICE, Renter will have no right to make a claim or file a lawsuit against DEVICE Lister, INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM or their affiliates, officers, members, agents or employees, even if any of them negligently cause any injury, illness, death or damage. 

2.4 Indemnification. Renter agrees to indemnify and hold harmless DEVICE MULEEBIKES.COMand INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM and their subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including attorney's fees) arising from, related to, or in any way connected with, or resulting from Renter’s participation in this activity or use of the DEVICE, including the possession, use, operation, or return of the DEVICE, and including any such claims which allege negligent acts or omissions on the part of DEVICE MULEEBIKES.COMor INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM. Should DEVICE Lister, INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, Renter agrees to indemnify and hold them harmless for all such fees and costs.

3. THIRD PARTY CLAIMS

Neither DEVICE MULEEBIKES.COMnot INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM shall be responsible if Renter causes injury to another person or if Renter damages another OF RENTAL DEVICE, EQUIPMENT OR OTHERWISE EXPRESSED WRITTEN OR VERBALLY INCLUDING BUT NOT LIMITED TO PHONE CALLS, EMAILS, TEXT, SOCIAL MEDIA AND ANY OTHER TYPE OF COMMUNICATION VERBAL OR NON-VERBAL, vehicle or personal property of another. Renter agrees to protect, defend, indemnify and hold DEVICE MULEEBIKES.COMand INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM harmless and pay any claim, including attorneys’ fees, brought by a third party arising out of Renter’s use of the DEVICE and for any liability associated with any personal accident/injury as a result of Renter’s use of the Ride starting off from the rental period.

3.1 Insurance. Renter certifies that he or she has adequate insurance to cover any injury or damage Renter may cause or suffer while participating in the activity, or else Renter agrees to bear the costs of such injury or damage. Renter understands and agrees that DEVICE MULEEBIKES.COMand/or INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM may make a claim against any insurance coverage Renter maintains, whether liability, casualty, personal or health insurance, in the event of any loss, injury, death or damage to person or property while using or operating the DEVICE. Neither the maintenance of, or failure to maintain, adequate insurance shall relieve Renter of any liability hereunder. 

3.2 Physical Condition. Renter understands the he or she should be in good physical health to participate in bicycling. Renter certifies that Renter has no medical or physical conditions which could interfere with Renter’s safety in this activity, or else Renter is willing to assume all liability, damages or costs that may be created, directly or indirectly, by any such condition.

4. GENERAL PROVISIONS

4.1 No Warranty. THE DEVICE IS PROVIDED TO RENTER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, DEVICE MULEEBIKES.COMDOES NOT WARRANT THAT THE DEVICE OR ANY RENTAL WILL MEET RENTER’S REQUIREMENTS. 

4.2 Limitation of Liability.

(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEVICE MULEEBIKES.COMOR INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM, THEIR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM ANY RENTAL OR THE USE OF, OR INABILITY TO USE, THE DEVICE.

(b) IF DEVICE MULEEBIKES.COMOR INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM, OR THEIR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR SUPPLIERS ARE FOUND TO BE LIABLE, SUCH LIABILITY TO RENTER OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES PAID HEREUNDER AND (B) $100.

(c) THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 

4.3 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by either DEVICE MULEEBIKES.COMor Renter. 

4.4 Third Party Beneficiary. INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM shall be an intended third party beneficiary of this Agreement with the full rights to enforce the provisions relating to INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM herein. 

4.5 Governing Law. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between Renter and MULEEBIKES.COMthat arises in whole or in part from the rental of the Ride shall be decided exclusively by a court of competent jurisdiction closest to Lister’s residence. 

4.6 No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. 

4.7 Entire Agreement/Severability. This Agreement shall constitute the entire agreement between Renter and DEVICE MULEEBIKES.COMconcerning the rental of the DEVICE. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. 

Exhibit A: INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM Tour and DEVICE Rental Cancellation Policies

All Rentals are subject to our Cancellation Policy, which is set forth as below and additionally at https://www.INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM.com/cancellation_policy

Tour and DEVICE Rental Cancellation Policy for Guests

A INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM Tour or DEVICE Rental is fully refundable if you cancel within 24 hours of booking it. You’re also eligible for a full refund if you cancel more than 30 days before the Tour or DEVICE Rental is scheduled to start. If upon delivery of the DEVICE or, within the first initial rental inspection period  of the DEVICE Rental Period, the Renter reasonably determines that the DEVICE does not materially conform to the DEVICE Lister’s description of the DEVICE, then the Renter may notify INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM of the problems and request a refund. Further, if the DEVICE MULEEBIKES.COM does not deliver the DEVICE at the place and time agreed, then the Renter may not be entitled to refund but rather an exchange of device. If a DEVICE Rental must be canceled during the DEVICE Rental Period due to a mechanical failure, the Renter will not be eligible for a full refund because all sales are final. However, an exchange may be given by muleebikes.com if Renter is not found responsible for failure, if the cancellation takes place on the first 15 min of the Rental Period. Otherwise, any refunds shall be calculated on a pro rata basis based on the number of quarter hrs elapsed compared to the total number of hrs in the DEVICE Rental Period.

Tour Cancellation Policy for Guides

As a INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM, we understand there may be instances where you need to cancel a booked Tour. To cancel a booked INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM Tour, please email INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM admin at INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM.com as soon as possible and we will assist you. You should also discuss the need to cancel with the Guest through our website message board. You may be able to work out an alternate time or date for the tour booking. Re-booking on a different date or time If you arrange an alternative time that you both agree to, have the Guest propose the new time within the Tour booking page and continue with the booking process. Contact us if any issues arise, we’ll verify that your Guest has agreed, and remove any penalty that may have been applied. Cancellations can have serious implications on a guest's travel plans, therefore there are penalties that may be applied for a Guide’s cancellation of a booked tour. Frequent cancellations, or no-shows, are a violation of our Terms of Use and may result in removal or temporary disabling of the Guide Profile on INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM.

DEVICE Rental Cancellation Policy for DEVICE Listers

Cancellations can have serious impacts on a Renter's plans, therefore there are penalties that may be applied for a DEVICE Lister’s cancellation of a booked DEVICE Rental. We do understand that issues arise that are outside of your control. Please review the cancellation policies below, and email info@INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM.com if you feel you have a valid reason for not fulfilling the DEVICE Rental Agreement.

Peer-to-peer Reviews

All parties should be aware that Guides, Guests, Renters, and DEVICE Listers are entitled to post reviews on the Site with respect to canceled Rentals or Tours.

Weather Cancellations

If weather creates a safety concern or an unsafe environment, either before or during the INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM Tour, the Guide may cancel the tour without penalty. The Guest will be fully refunded, if this happens. Natural disasters that prevent the Guest from traveling to or from a destination will result in a full refund for a Guest. Examples include: Severe storms Earthquakes Flooding Tornados Tsunamis Wildfires Blizzards or severe winter storms Endemic disease or illness that suddenly affects a region or an entire group of people. This doesn’t include existing diseases that are associated with an area. We may reach out for documentation to verify weather-related claims.

Cancellations due to an emergency or safety issue

We understand that emergencies happen. No penalties will be applied for valid cancellations with documented reasons, or for cancellations made for valid safety reasons. We may ask you to provide documentation for a cancellation due to an emergency.

Cancellations due to extenuating circumstances

If you need to cancel a INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM Tour or DEVICE Rental because of an unexpected circumstance that’s out of your control, we might be able to give you a refund or waive any penalties for canceling. Before you cancel, please check that your circumstance is included in the list below and that you have the required documents.

Circumstances that require documentation

Death of a Guide, Guest, or an immediate family member. You’ll be asked to provide one of these documents: Death certificate Obituary News article naming the deceased Serious illness of a Guide, Guest, or any member of the traveling party. You’ll be asked to provide a general statement from a physician confirming that the person can't travel, safely guide the INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM Tour, or be present to complete the DEVICE Rental. The statement must be dated after the Tour or DEVICE Rental was booked. Government-mandated obligations including jury duty, travel restrictions, court appearances, and military deployment. You'll be asked to provide a copy of the official notice dated after the Tour or DEVICE Rental was booked, including the name of the person fulfilling the obligation. Airport and road closures that make it impossible to travel to your destination. This includes closures caused by natural disasters like earthquakes or severe storms. You’ll be asked to provide a notice of the road closure, or notice of the airport closure and proof that the flight was canceled.

Circumstances that require INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM review

There’s no required documentation for these circumstances, but our Admin Team at INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM will review each case to confirm that you’re directly affected. Severe security advisories for political or civil unrest in the area that the guest is traveling from, traveling to, or that the booked INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM Tour or DEVICE Rental is located in. Examples include: Violence Heightened military presence Severe damage to the area’s infrastructure Changes to visa or passport requirements that make it impossible to travel to the destination. This doesn’t include lost or expired travel documents. Next Steps If you’ve confirmed your circumstance meets the requirements above, first cancel your INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM Tour or DEVICE Rental and then contact us to file a claim. We’ll walk you through the process, which will include submitting any required documentation and waiting for our team to review your case. Claims must be submitted within 14 days of the unexpected circumstance. 

Exhibit B: Definition of “Wear and Tear”

“Wear and Tear” includes all cosmetic damage, including scratches that do not affect the integrity or functionality of the OF RENTAL DEVICE, EQUIPMENT OR OTHERWISE EXPRESSED WRITTEN OR VERBALLY INCLUDING BUT NOT LIMITED TO PHONE CALLS, EMAILS, TEXT, SOCIAL MEDIA AND ANY OTHER TYPE OF COMMUNICATION VERBAL OR NON-VERBAL. The determination of "Wear and Tear" shall be made by INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM in its sole discretion Examples of “Wear and Tear” include: * Cosmetic damage to frame (Paint chips, light scratches, dents less than ½” in diameter) * Cosmetic damage to OF RENTAL DEVICE, EQUIPMENT OR OTHERWISE EXPRESSED WRITTEN OR VERBALLY INCLUDING BUT NOT LIMITED TO PHONE CALLS, EMAILS, TEXT, SOCIAL MEDIA AND ANY OTHER TYPE OF COMMUNICATION VERBAL OR NON-VERBAL components (Scratches to grips, seat, derailleur, pedals,etc.) * Cosmetic damage to OF RENTAL DEVICE, EQUIPMENT OR OTHERWISE EXPRESSED WRITTEN OR VERBALLY INCLUDING BUT NOT LIMITED TO PHONE CALLS, EMAILS, TEXT, SOCIAL MEDIA AND ANY OTHER TYPE OF COMMUNICATION VERBAL OR NON-VERBAL accessories explicitly included in the rental description (Scratches to lights, saddle bags, bells, etc.) * Wear to consumable items on the DEVICE (Brake pads, tire treads, OF RENTAL DEVICE, EQUIPMENT OR OTHERWISE EXPRESSED WRITTEN OR VERBALLY INCLUDING BUT NOT LIMITED TO PHONE CALLS, EMAILS, TEXT, SOCIAL MEDIA AND ANY OTHER TYPE OF COMMUNICATION VERBAL OR NON-VERBAL chain, wheel true, shifting alignment) Examples of Damage as opposed to “Wear and Tear” for clarity: * Penetration or cracks in OF RENTAL DEVICE, EQUIPMENT OR OTHERWISE EXPRESSED WRITTEN OR VERBAL INCLUDING BUT NOT LIMITED TO PHONE CALLS, EMAILS, TEXT, SOCIAL MEDIA AND ANY OTHER TYPE OF COMMUNICATION VERBAL OR NON-VERBAL frame * Deep scratches in frame or components (5mm depth) * Tears in OF RENTAL DEVICE, EQUIPMENT OR OTHERWISE EXPRESSED WRITTEN OR VERBALLY INCLUDING BUT NOT LIMITED TO PHONE CALLS, EMAILS, TEXT, SOCIAL MEDIA AND ANY OTHER TYPE OF COMMUNICATION VERBAL OR NON-VERBAL seats or grips * Bent wheels * Bent derailleur arm 

Exhibit C: DEVICE Listing Guidelines for INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM Guarantee eligibility

1. DEVICE photographs shall be accurate and current. High-resolution images are preferred.

2. DEVICE Listing shall have multiple photographs of the DEVICE. Include pictures of the individual components of the DEVICE - rear wheel, front wheel, derailleur, suspension fork, bars, etc.

3. Description shall include all details of the model, year, and the make of the DEVICE.

4. All descriptive details such as DEVICE type, frame size, rider height, extras, etc. shall be filled out. 

5. All accessories, add-ons, upgrades shall be explicitly stated in the description to be eligible for coverage.

6. DEVICE Rental pricing shall follow appropriate market price compared to the value of the DEVICE. For example, a $5,000 road DEVICE shall not be rented out for $10.00 per day.

7. Note: For high value DEVICEs, we recommend you contact customer service before listing to ensure your DEVICE will be covered by the guarantee.

8. INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM will make a final decision on your claim, in its sole discretion, based on the coverage and eligibility requirements set forth above, any additional information provided during the online dispute resolution process or any other information INCLUDING BUT NOT LIMITED TO ANY AFFILIATES, ASSOCIATES, PARTNERS, HOSTS, FAMILY OR FRIEND OF MULEEBIKES.COM deems relevant and appropriate under the circumstances.

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