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TERMS OF SERVICE

Last Changes to Terms of Service: 05.19.2022

THESE TERMS REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS. ALSO, THESE TERMS SET
FORTH SPECIFIC REMEDIES AVAILABLE TO YOU. PLEASE SEE SECTIONS 6 AND 19 TO LEARN
MORE. 

These Terms of Service govern your use of the Bird application, website and
technology platform (the “Services”) provided by Bird Rides, Inc. (including any
subsidiaries or affiliates of Bird Rides, Inc., collectively, “Bird”).
Specifically, the Services include the Bird network of websites that link to
these Terms of Service (including any versions optimized for viewing on a
wireless or tablet device); email newsletters published or distributed by Bird;
apps published by Bird, including the “Bird” mobile app; or any other services,
interactive features, and communications made available by Bird, however
accessed and/or used, that are operated by Bird, made available by Bird, or
produced and maintained by Bird and its related companies. The foregoing
Services may be used to access vehicle rental services (“Rental Services”)
offered by Bird and/or third party providers (“Platform Partners”). 

BY USING OUR SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS
OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE
SERVICES. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF SERVICE FROM
TIME TO TIME WITHOUT NOTICE, BUT WILL NOTIFY YOU OF ANY MATERIAL CHANGES. YOUR
CONTINUED USE OF OUR SERVICES FOLLOWING THE POSTING OF OR NOTICE OF CHANGES TO
THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH
SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY. For
Rental Services, you may also be required to execute a Rental Agreement, Waiver
of Liability and Release or similar document between you and Bird or a Platform
Partner. Any decision to accept Rental Services is made in your sole
discretion. 

This is a legal agreement between you (“you” or “user”) and Bird that states the
material terms and conditions that govern your use of the Services. This
agreement, together with all updates, supplements, additional terms, and all of
Bird’s rules and policies collectively constitute this “Agreement” between you
and Bird.

 1. Access License.  Bird grants you a limited, revocable, non-exclusive,
    non-transferable license to access and make use of the Services or its
    content. This license does not include any resale or commercial use of the
    Services or its contents; any collection and use of any product listings,
    descriptions, or prices; any derivative use of the Services or their
    contents; any downloading or copying of account information for the benefit
    of another merchant; or any use of data mining, robots, cookies, or similar
    data gathering and extraction tools. Except as expressly permitted herein,
    the Services and/or any portion of the Services may not be reproduced, sold,
    resold, visited or otherwise exploited for any purpose without Bird’s
    express written consent. Any unauthorized use automatically terminates the
    permissions and/or licenses granted by us to you.
 2. Copyright and Ownership. All of the content featured or displayed on the
    Services, including without limitation text, graphics, photographs, images,
    moving images, sound, and illustrations (“Content”), is owned by Bird, its
    licensors, vendors, agents and/or its Content providers. All elements of the
    Services, including without limitation the general design and the Content,
    are protected by trade dress, copyright, moral rights, trademark and other
    laws relating to intellectual property rights. The Services may only be used
    for the intended purpose for which such Services is being made available.
    Except as permitted by copyright law, you may not modify any of the
    materials and you may not copy, distribute, transmit, display, perform,
    reproduce, publish, license, create derivative works from, transfer or sell
    any information or work contained on the Services.  Except as authorized
    under the copyright laws, you are responsible for obtaining permission
    before reusing any copyrighted material that is available on the Services.
    You shall comply with all applicable domestic and international laws,
    statutes, ordinances and regulations regarding your use of the Services. The
    Services, Content and all related rights shall remain the exclusive property
    of Bird or its licensors, vendors, agents, and/or its Content providers
    unless otherwise expressly agreed. You will not remove any copyright,
    trademark or other proprietary notices from material found on the Services.
 3. Trademarks/No Endorsement. All trademarks, service marks and trade names of
    Bird used herein (including but not limited to: Bird name, Bird corporate
    logo, the Services design, and any names or logos of any Platform Partners)
    (collectively “Marks”) are trademarks or registered trademarks of Bird or
    its affiliates, partners, vendors, licensors or Platform Partners. You may
    not use, copy, reproduce, republish, upload, post, transmit, distribute, or
    modify Marks in any way, including in advertising or publicity pertaining to
    distribution of materials on the Services, without Bird’s prior written
    consent. You shall not use Bird’s name or any language, pictures or symbols
    which could, in Bird’s judgment, imply Bird’s endorsement in any (i) written
    or oral advertising or presentation, or (ii) brochure, newsletter, book, or
    other written material of whatever nature, without prior written consent.
 4. Account Registration and Security. You understand that you will need to
    create an account to have access to the Services, including Rental
    Services.  You will: (a) provide true, accurate, current and complete
    information about yourself as prompted by the Services’ registration,
    sign-in, or subscription page (such information being the “Registration
    Data”) and (b) maintain and promptly update the Registration Data to keep it
    true, accurate, current and complete. If you provide any information that is
    untrue, inaccurate, not current or incomplete, or Bird has reasonable
    grounds to suspect that such information is untrue, inaccurate, not current
    or incomplete, Bird has the right to suspend or terminate your account and
    refuse any and all current or future use of the Services (or any portion
    thereof).  You are responsible for the security and confidentiality of your
    password and account. Furthermore, you are responsible for any and all
    activities that occur under your account. You will not share your account
    information or your user name and password with any third party or permit
    any third party to logon to the Services using your account information. You
    agree to immediately notify us of any unauthorized use of your account or
    any other breach of security of which you become aware. You are responsible
    for taking precautions and providing security measures best suited for your
    situation and intended use of the Services. Bird’s collection, use, and
    disclosure of all data, including Registration Data is governed by Bird’s
    Privacy Policy, located at Bird.co/privacy.
 5. Payment Terms

5.1 Payment Method & Payments

You may be required to provide Bird with a valid credit card, debit card, or
other payment account (“Payment Method”) in order to use certain Services,
including Rental Services provided by Bird or a Platform Partner. When you add a
Payment Method to your Bird account, you will be asked to provide customary
billing information. You must provide accurate, current, and complete
information when adding a Payment Method and it is your obligation to keep your
Payment Method up-to-date at all times. 

You represent and warrant to Bird that you are authorized to use any Payment
Method you furnish to Bird. You authorize Bird to charge the Payment Method for
all fees incurred by you with respect to Rental Services (or other services
offered by Bird or Platform Partners from time to time), including applicable
sales, use, VAT/GST and other local government charges. If you dispute any
charge on your account, you must contact Bird within 10 business days from the
end of the month within which the disputed charge occurred, and provide to Bird
all trip information that is necessary to identify the disputed charge, such as
the date of the trip and the approximate starting and ending times of the ride
associated with the disputed charge. You agree to immediately inform Bird of all
changes relating to the Payment Method.

5.2 Auto-Update

Bird or its Platform Partner may require or make available an option for you to
preload a balance associated with your account and automatically make payments
on a recurring basis (“Auto-Update”). By enabling Auto-Update, you opt to
automatically reload your account balance each time your account reaches or
falls below zero or another specified amount. Bird or its affiliates or Platform
Partners may, at any time, without any notice to you, discontinue Auto-Update. 

To use Auto-Update, you may be required to choose: (a) the balance amount at
which you wish to automatically load your account balance, and/or (b) the amount
you wish to load/add (such amount, “Auto-Update Amount”). 

If your account is eligible for a bonus for your Auto-Update selection
(“Auto-Update Bonus”), your Auto-Update Bonus will be charged first for using
the applicable Rental Services. Auto-Update Bonus amounts may only be used for
Rental Services, and Auto-Update Bonus amounts are not recoverable if your
account is closed for any reason. 

We reserve the right to decide the Payment Methods eligible for Auto-Update. You
may change your Payment Method for Auto-Update at any time, provided such
Payment Method is eligible for Auto-Update. 

You may only use the Auto-Update balance in the currency in which your Payment
Method was charged. In case you make use of Rental Services that are charged in
a currency different than the one in your Auto-Update balance, Bird may charge
your Payment Method directly.

You may cancel or disable Auto Update in the settings/preferences of your
account on the Bird application. In the event: (a) you cancel or disable
Auto-Update of your Bird account balance; or (b) one of your automatic payments
is declined, for any reason whatsoever, including without limitation, expiry of
your card: the Auto-Update Amount will not be added to your account balance. In
such scenarios, you may be required to separately load your account balance.

We may choose to notify you, through email or SMS, once your account balance
reaches or falls below zero. You authorize us to communicate with you through
emails or SMS in connection with Auto-Update. You acknowledge that we may also
communicate with you through any of our affiliate(s).

5.3 Payment Facilitators

You agree, understand and acknowledge that Bird may engage third party payment
processors / gateway service providers to facilitate processing of payments,
including Auto-Update. Accordingly, you may be required to follow any terms and
conditions of such third party payment processors/gateway service providers, as
communicated to you, from time to time.

6. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL
RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

6.1 Initial Dispute Resolution

The Bird application contains means to receive support and address any concerns
you may have regarding your use of Rental Services. The parties shall use their
best efforts through this support process to settle any dispute, claim,
question, or disagreement and engage in good faith negotiations which shall be a
condition to either party initiating mediation, arbitration, or a lawsuit.

 6.2 Binding Arbitration

If the parties do not reach an agreed upon solution through the support process,
then either party may initiate binding arbitration as the sole means to resolve
claims, subject to the terms set forth below. Specifically, all claims arising
out of or relating to these Terms of Service, and the parties’ relationship with
each other shall be finally settled by binding arbitration administered by a
mutually agreed upon arbitrator or arbitration service. 

The arbitrator, and not any court or agency, shall have exclusive authority to
resolve all disputes arising out of or relating to the interpretation,
applicability, enforceability or formation of these Terms of Service, including,
but not limited to any claim that all or any part of these Terms of Service are
void or voidable, or whether a claim is subject to arbitration. The arbitrator
shall be empowered to grant whatever relief would be available in a court under
law or in equity. The arbitrator’s award shall be written, and binding on the
parties and may be entered as a judgment in any court of competent jurisdiction.

To the extent the filing fee for the arbitration exceeds the cost of filing a
lawsuit, Bird will pay the additional cost. The arbitration rules also permit
you to recover attorney’s fees in certain cases. The parties understand that,
absent this mandatory provision, they would have the right to sue in court and
have a jury trial. They further understand that, in some instances, the costs of
arbitration could exceed the costs of litigation and the right to discovery may
be more limited in arbitration than in court.

 6.3 Location

The arbitration will take place in Los Angeles, California or a mutually agreed
upon location.

 6.4 Class Action Waiver.

The parties further agree that any arbitration shall be conducted in their
individual capacities only and not as a class action or other representative
action, and the parties expressly waive their right to file a class action or
seek relief on a class basis. YOU AND BIRD AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any court or arbitrator determines that the class action waiver set forth in
this paragraph is void or unenforceable for any reason or that an arbitration
can proceed on a class basis, then the arbitration provision set forth above
shall be deemed null and void in its entirety and the parties shall be deemed to
have not agreed to arbitrate disputes.

 6.5 Litigation of Intellectual Property and Small Claims Court Claims. 

Notwithstanding the parties’ decision to resolve all disputes through
arbitration, either party may bring an action in state or federal court to
protect its intellectual property rights (“intellectual property rights” means
patents, copyrights, moral rights, trademarks, and trade secrets, but not
privacy or publicity rights). Either party may also seek relief in a small
claims court for disputes or claims within the scope of that court’s
jurisdiction.

6.6 Right to Opt Out. 

You have the right to opt-out and not be bound by the arbitration and class
action waiver provisions set forth above by sending written notice of your
decision to opt-out to the following address: Bird Rides, Inc., 406 Broadway,
#369, Santa Monica, California 90401. The notice must be sent within 30 days of
your first use of Services, otherwise you shall be bound to arbitrate disputes
in accordance with the terms of these paragraphs. If you opt-out of these
arbitration provisions, Bird also will not be bound by them.

6.7 Changes to this Section. 

Bird will provide prior written notice of any changes to this section. Changes
will become effective only after prior written notice and will apply
prospectively only to any claims arising after the notice period.

7. Solicited Submission Policy.  Where Bird has specifically invited or
requested submissions or comments, Bird encourages you to submit content to Bird
that you have created for consideration in connection with such requests (“User
Submissions”).  User Submissions remains the intellectual property of the
individual user. By submitting content to Bird, you expressly grant Bird a
non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide,
fully sub-licensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, transmit, perform and display such
content and your name, voice, and/or likeness as contained in your User
Submission, in whole or in part, and in any form throughout the world in any
media or technology, whether now known or hereafter discovered, including all
promotion, advertising, marketing, merchandising, publicity and any other
ancillary uses thereof, and including the unfettered right to sublicense such
rights, in perpetuity throughout the universe. Any such User Submissions are
deemed non-confidential and Bird shall be under no obligation to maintain the
confidentiality of any information, in whatever form, contained in any User
Submission. 

8. Inappropriate User Submissions.  Bird does not encourage, and does not seek
User Submissions that result from any activity that: (i) may create a risk of
harm, loss, physical or mental injury, emotional distress, death, disability,
disfigurement, or physical or mental illness to you, to any other person, or to
any animal; (ii) may create a risk of any other loss or damage to any person or
property; or (iii) may constitute a crime or tort.  You agree that you have not
and will not engage in any of the foregoing activities in connection with
producing your User Submission. Without limiting the foregoing, you agree that
in conjunction with your submission, you will not inflict emotional distress on
other people, will not humiliate other people (publicly or otherwise), will not
assault or threaten other people, will not enter onto private property without
permission, will not impersonate any other person or misrepresent your
affiliation, title, or authority, and will not otherwise engage in any activity
that may result in injury, death, property damage, and/or liability of any kind.
Bird will reject any User Submissions in which Bird believes, in its sole
discretion, that any such activities have occurred.  If notified by a user of a
submission that allegedly violates any provision of these Terms of Use, Bird
reserves the right to determine, in its sole discretion, if such a violation has
occurred, and to remove any such submission from the Services at any time and
without notice.

9. Inappropriate Material. You are prohibited from using the Services to post or
send any unlawful, infringing, threatening, defamatory, libelous, obscene,
pornographic or profane material or any material that infringes or
misappropriates third party intellectual property or could constitute or
encourage conduct that would be considered a criminal offense or otherwise
violate any law. You further agree that sending or posting unsolicited
advertisements or “spam” on or through the Services is expressly prohibited by
this Agreement.  In addition to any remedies that we may have at law or in
equity, if we determine, in our sole discretion, that you have violated or are
likely to violate the foregoing prohibitions or any applicable rules or policies
linked to in these Terms of Service, we may take any action we deem necessary to
cure or prevent the violation, including without limitation, banning you from
using the Services and/or the immediate removal of the related materials from
the Services at any time without notice. We will fully cooperate with any law
enforcement authorities or court order or subpoena requesting or directing us to
disclose the identity of anyone posting such materials.

10. Access and Interference. You agree that you will not use any robot, spider,
scraper or other automated means to access the Services for any purpose without
our express written permission. Additionally, you agree that you will not: (i)
take any action that imposes, or may impose in our sole discretion an
unreasonable or disproportionately large load on our infrastructure; (ii)
interfere or attempt to interfere with the proper working of the site or any
activities conducted on the Services; or (iii) bypass any measures we may use to
prevent or restrict access to the Services.  

11. Right to Takedown Content.  Except as disclosed in our Privacy Policy, we
will not monitor, edit, or disclose the contents of a user’s e-mail or content
posted to the Services unless required in the course of normal maintenance of
the Services and its systems or unless required to do so by law or in the
good-faith belief that such action is necessary to: (1) comply with the law or
comply with legal process served on Bird or the Services; (2) protect and defend
the rights or property of Bird, the Services, or the users of the Services; or
(3) act in an emergency to protect the personal safety of our users, the
Services, or the public. Users shall remain solely responsible for the content
of their messages and Bird shall have no obligation to prescreen any such
content. However, we shall have the right in our sole discretion to edit, refuse
to post or remove any material submitted to or posted on the Services at any
time without notice. Without limiting the foregoing, we shall have the right to
remove any material that we find to be in violation of the provisions hereof or
otherwise objectionable, and the additional right to deny any user who fails to
conform to any provision of these Terms of Service access to the Services or any
part thereof.

12. User Published Content. User published Content and User Submissions do not
represent the views of Bird or any individual associated with Bird, and we do
not control this Content.  In no event shall you represent or suggest, directly
or indirectly, Bird’s endorsement of user published Content. Bird does not vouch
for the accuracy or credibility of any user published Content on our Services or
User Submissions published through our Services, and do not take any
responsibility or assume any liability for any actions you may take as a result
of reviewing any such user published Content or User Submission. Through your
use of the Services, you may be exposed to Content that you may find offensive,
objectionable, harmful, inaccurate or deceptive. There may also be risks of
dealing with underage persons, people acting under false pretense, international
trade issues and foreign nationals. By using our Services, you assume all
associated risks.

13. Third Party Links. From time to time, the Services may contain links to
websites that are not owned, operated or controlled by Bird or its affiliates.
All such links are provided solely as a convenience to you. If you use these
links, you will leave the Services. Bird is not responsible for any content,
materials or other information located on or accessible from any other website.
Neither we nor any of our respective affiliates endorse, guarantee, or make any
representations or warranties regarding any other websites, or any content,
materials or other information located or accessible from any other websites, or
the results that you may obtain from using any other websites. If you decide to
access any other websites linked to or from this Services, you do so entirely at
your own risk.

14. Transactional Partners.  In some cases we may partner with another entity to
co-promote their services within our Services or engage a third party to provide
features or technology to enable our Services.  In these cases, you may be
transacting directly with the other party or subject to the other party’s terms.
On those pages or locations, the transactional partners’ brand is clearly
visible and their terms of service are posted.  When using these partner pages,
Service features or technology, you are bound by partner terms of service in
addition to remaining bound by these Bird Terms of Service. When there is a
conflict between these Terms of Service and the partner’s terms of service with
respect to any dispute relating to Bird or the Bird Services, these Terms of
Service will prevail. 

15. Third Party Services. The vehicle location feature of app-based Services may
include ARCore functionality provided by Google. Use of ARCore functionality is
subject to the then-current versions of the: (A) Google Terms of Service at
policies.google.com/terms; and (B) Google Privacy Policy at
google.com/policies/privacy.

16. Termination. You or we may suspend or terminate your right to use of this
Services at any time, for any reason or for no reason. We may also block your
access to our Services in the event that (a) you breach these Terms of Service;
(b) we are unable to verify or authenticate any information you provide to us;
or (c) we believe that your actions may cause financial loss or legal liability
for you, our users or us.

17. Representations and Warranties.  You represent that you are over the age of
18, have the right and authority to enter into this Agreement, are fully able
and competent to satisfy the terms, conditions, and obligations herein, and your
use of the Services is and will be in compliance with all applicable laws.  You
represent that you have read, understood, agree with, and will abide by the
terms of these Terms of Service. In addition, you represent and warrant that
your User Submissions and all elements thereof are (a) owned or controlled
solely and exclusively by you, you have prior written permission from the
rightful owner of the content included in your User Submissions, or you are
otherwise legally entitled to grant Bird all of the rights granted herein; and
(b) Bird’s use of your User Submissions as described or contemplated herein do
not and will not infringe on the copyrights, trademark rights, publicity rights
or other rights of any person or entity, violate any law, regulation or right of
any kind whatsoever, or otherwise give rise to any actionable claim or
liability, including without limitation rights of publicity and privacy, and
defamation.  Furthermore, You shall be solely responsible for your own User
Submissions and the consequences of posting or publishing them.

18. DISCLAIMERS. YOUR USE OF THE SERVICES AND ANY RENTAL SERVICES IS AT YOUR
RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE
SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER BIRD, NOR ANY OF ITS
AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR
SERVICES PROVIDED ON OR THROUGH THE SERVICES. THE INFORMATION, MATERIALS AND
SERVICES PROVIDED ON OR THROUGH THE SERVICES MAY BE OUT OF DATE, AND NEITHER
BIRD, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO
UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF
IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO
YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.  NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED FROM BIRD OR THROUGH THE SERVICES WILL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.

19. LIMITATIONS OF LIABILITY. BIRD DOES NOT ASSUME ANY RESPONSIBILITY, NOR WILL
BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER,
TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR
ACCESS TO, USE OF, OR BROWSING THE SERVICES, OR YOUR DOWNLOADING OF ANY
INFORMATION OR MATERIALS FROM THIS SERVICE. IN NO EVENT WILL BIRD, OR ANY OF ITS
OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR
ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF
THE SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING
OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICE, OR THE
MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE SERVICE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER
OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF
LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR
LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR ANY MATERIALS, OR INFORMATION
CONTAINED ON ANY OR ALL OF THE SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO
CEASE USING THE SERVICE. IN NO EVENT SHALL BIRD’S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE
DOLLARS (US $25.00); or (B) THE TOTAL FEES YOU HAVE PAID TO BIRD OR ITS PLATFORM
PARTNER IN THE PREVIOUS SIX (6) MONTH PERIOD. 

20. Indemnity. You agree to defend, indemnify and hold Bird and any affiliated
entity or individual harmless from any and all liabilities, costs, and expenses,
including reasonable attorneys’ fees, related to or in connection with (i) your
use of the Services and any Rental Services provided by any entity; (ii) your
violation of any term of this Agreement, including without limitation, your
breach of any of the representations and warranties above; (iii) your violation
of any third party right, including without limitation any right of privacy,
publicity rights or intellectual property rights; (iv) your violation of any
applicable law, rule or regulation; (v) any claim or damages that arise as a
result of any User Submission or other content, message or information that you
provide to Bird, including without limitation any claim or damages arising from
a defamation or invasion of privacy claim; or (vi) any other party’s access and
use of the Services with your unique username, password or other appropriate
security code.

21. Release. In the event that you have a dispute with one or more other users
of the Services, you release Bird (and our officers, directors, agents,
subsidiaries, joint ventures and employees) from claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with such disputes.

22. Force Majeure. Neither Bird nor you shall be responsible for damages or for
delays or failures in performance resulting from acts or occurrences beyond
their reasonable control, including, without limitation: fire, lightning,
explosion, power surge or failure, water, acts of God, war, revolution, civil
commotion or acts of civil or military authorities or public enemies: any law,
order, regulation, ordinance, or requirement of any government or legal body or
any representative of any such government or legal body; or labor unrest,
including without limitation, strikes, slowdowns, picketing, or boycotts;
inability to secure raw materials, transportation facilities, fuel or energy
shortages, or acts or omissions of other common carriers.

23. Privacy.  Data collection and use, including data collection and use of
personally identifiable information is governed by Bird’s Privacy Policy which
is incorporated into and is a part of this Agreement.

24. General. Any claim relating to, and the use of, this Services and the
materials contained herein is governed by the laws of the State of California.
You consent to the exclusive jurisdiction of the state and federal courts
located in Los Angeles County, California. A printed version of these Terms of
Service will be admissible in judicial and administrative proceedings based upon
or relating to these Terms of Service to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form. These Terms of Service set forth the entire
understanding and agreement between us with respect to the subject matter
hereof. We do not guarantee continuous, uninterrupted or secure access to our
Services, and operation of the Services may be interfered with by numerous
factors outside of our control. If any provision of these Terms of Service is
held to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. You agree that these Terms of Service
and all incorporated agreements may be automatically assigned by Bird in our
sole discretion. Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section. Our failure to
act with respect to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches. All sections which by their
context ought to survive this agreement shall survive any termination or
expiration of this Agreement.

25. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Services,
we may act as a “services provider” (as defined by DMCA) and offer services as
online provider of materials and links to third party websites. As a result,
third party materials that we do not own or control may be transmitted, stored,
accessed or otherwise made available using the Services. Bird has in place
certain legally mandated procedures regarding allegations of copyright
infringement occurring on the Services. Bird has adopted a policy that provides
for the removal of any content or the potential suspension of any user that is
found to have repeatedly infringed on the rights of Bird or of a third party, or
that has otherwise violated any intellectual property laws or regulations, or
any of the terms and conditions of this Agreement. If you believe any material
available via the Services infringes a copyright, you should notify us using the
notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect.
512(c)(2)). We will respond expeditiously to remove or disable access to the
material claimed to be infringing and will follow the procedures specified in
the DMCA to resolve the claim between the notifying party and the alleged
infringer who provided the Content. Our designated agent (i.e., proper party for
notice) to whom you should address infringement notices under the DMCA is
birdlegal@bird.co and cc hello@bird.co.   

Please provide the following notice:

 * Identify the copyrighted work or other intellectual property that you claim
   has been infringed;
 * Identify the material on the Services that you claim is infringing, with
   enough detail so that we may locate it on the Services;
 * A statement by you that you have a good faith belief that the disputed use is
   not authorized by the copyright owner, its agent, or the law;
 * A statement by you declaring under penalty of perjury that (a) the above
   information in your notice is accurate, and (b) that you are the owner of the
   copyright interest involved or that you are authorized to act on behalf of
   that owner;
 * Your address, telephone number, and email address; and
 * Your physical or electronic signature.

We may give notice to our users of any infringement notice by means of a general
notice on any of our Services, electronic mail to a user’s email address in our
records, or by written communication sent by first-class mail to a user’s
physical address in our records. If you receive such an infringement notice, you
may provide counter-notification in writing to the designated agent that
includes the information below. To be effective, the counter-notification must
be a written communication that includes the following:

 * Your physical or electronic signature;
 * Identification of the material that has been removed or to which access has
   been disabled, and the location at which the material appeared before it was
   removed or access to it was disabled;
 * A statement from you under the penalty of perjury, that you have a good faith
   belief that the material was removed or disabled as a result of a mistake or
   misidentification of the material to be removed or disabled; and
 * Your name, physical address and telephone number, and a statement that you
   consent to the jurisdiction of a Federal District Court for the judicial
   district in which your physical address is located, or if your physical
   address is outside of the United States, for any judicial district in which
   we may be found, and that you will accept service of process from the person
   who provided notification of allegedly infringing material or an agent of
   such person.

26. Additional Assistance. If you do not understand any of the foregoing Terms
of Service or if you have any questions or comments, we invite you to contact us
at hello@bird.co.

27. Copyright Notice. All design, graphics, text selections, arrangements, and
all software are Copyright © 2019, Bird Rides, Inc. and its related companies or
its licensors.  ALL RIGHTS RESERVED.

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