These Terms of Use govern your use of the Lake Drive Loop website, mobile application, and booking platform (the “Platform”) provided by Lake Drive Loop Inc. (“Lake Drive Loop,” “we,” “us,” or “our”). The Platform includes our booking system, self-guided tour navigation, GPS features, and all related services and communications.

BY USING OUR PLATFORM, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF USE. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE PLATFORM. WE RESERVE THE RIGHT TO MODIFY THESE TERMS AT ANY TIME, BUT WILL NOTIFY YOU OF ANY MATERIAL CHANGES. YOUR CONTINUED USE OF THE PLATFORM FOLLOWING NOTICE OF CHANGES MEANS YOU ACCEPT THOSE CHANGES.

These Terms apply in addition to any Rental Agreement, Liability Waiver, or Privacy Policy you agree to during the booking process. This agreement, together with all updates and incorporated policies, constitutes the full agreement between you and Lake Drive Loop. For rental-related matters, the Rental Agreement governs in the event of any conflict.

1.ACCESS LICENSE

Lake Drive Loop grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Platform and its content for personal, non-commercial purposes only. This license does not include any right to resell or commercially exploit the Platform or its content; collect or use listings, pricing, or descriptions for commercial purposes; use data mining, scraping, robots, or similar automated tools; download or copy account information for the benefit of another party; or reproduce, distribute, or create derivative works from Platform content without our prior written consent.

Except as expressly permitted by these Terms, the Platform and its content may not be reproduced, sold, resold, or otherwise exploited for any purpose without our prior written consent. Any unauthorized use automatically terminates the license granted to you.

2. Nature of Use

The Platform is for your personal, non-commercial use only. You agree that you will only access or use the Platform for lawful purposes and in accordance with these Terms. As a condition of your access, you agree that you will not use the Platform to:

violate or promote the violation of any law, regulation, or third-party right;
distribute viruses, malware, or any other technology that may harm the Platform, its users, or any third party, or otherwise interfere with the proper working of the Platform;
reverse engineer, decompile, copy, modify, transmit, sublicense, display, transfer, sell, or create derivative works from the Platform or any of its content, except as permitted by these Terms; or
harvest, collect, use, or disclose content from the Platform or personal information about any other user through automated or manual means for any purpose.
You authorize your wireless carrier to use or disclose information about your account and wireless device to us or our service provider, solely to help identify you and prevent fraud. See our Privacy Policy for details on how we handle your data.

3. Eligibility & Account Registration

To use the Platform, you must be at least 16 years of age, provide accurate and complete information, and agree to the Rental Agreement before riding. Any user under 18 must have parental or guardian consent. We reserve the right to request identity verification before confirming any booking.

You understand that you will need to create an account to access certain features, including rental booking. You agree to: (a) provide true, accurate, current, and complete information when registering; and (b) keep your account information up to date at all times. If you provide information that is false, inaccurate, or incomplete, or if we have reasonable grounds to suspect this, we have the right to suspend or terminate your account and refuse current or future use of the Platform.

You are responsible for the security and confidentiality of your password and account. You are responsible for all activities that occur under your account. You agree not to share your account credentials with any third party and to notify us immediately of any unauthorized use or breach of security.

4. Representations and Warranties

By using the Platform, you represent and warrant that you are of legal age to form a binding contract, or have your parent’s or guardian’s consent to do so; that you have the right and authority to enter into these Terms; that all information you provide is truthful, accurate, and complete; and that your use of the Platform is and will be in compliance with all applicable laws and regulations. You further represent that you have read and understood these Terms and agree to be bound by them.

Where you submit User Content to the Platform, you represent and warrant that you own or control the rights to that content, that you have obtained any required permissions, and that our use of your content as described in these Terms will not infringe the rights of any third party or give rise to any claim or liability.

5. Payment Terms

a. Payment Method & Payments

To use rental services through the Platform, you may be required to provide a valid credit card, debit card, or other accepted payment method. You must provide accurate and complete billing information and keep it up to date. You represent and warrant that you are authorized to use any payment method you provide. You authorize us to charge your payment method for all fees incurred, including applicable taxes and government charges.

If you dispute any charge, you must contact us within 10 business days from the end of the month in which the disputed charge occurred, providing all information necessary to identify the charge, including the date and approximate start and end times of the associated rental. You agree to notify us immediately of any changes to your payment method.

b. Off Session Payment Authorization

We charge your credit card for: the initial rental fee at the time of booking; and save the payment method for any additional time charged at the applicable hourly rate upon return; any late return fees; and any charges for damage, loss, or theft of equipment as described in the rental agreement.

c. Failed Payments & Retry

If your payment method expires or is insufficient to cover outstanding fees and you do not update your information, you authorize us to continue billing and you remain responsible for all uncollected amounts. We reserve the right to retry billing on payment methods on file after any failed attempt. You will remain liable for all outstanding amounts and any reasonable costs of collection.

d. Payment Facilitators

We may engage third-party payment processors to facilitate payment. You may be required to comply with the terms and conditions of those processors as communicated to you from time to time.

6. Booking System Rules

When using our booking system, you agree that all information provided is accurate and current; that you will only book equipment for lawful purposes; that you will arrive at your scheduled pickup time; and that late arrivals may result in shortened rental time and no-shows may result in forfeited bookings.

We reserve the right to cancel bookings due to unsafe weather, mechanical issues, safety concerns, suspected misuse, or incorrect rider eligibility.

7. Acceptable Use of the Platform

You agree not to misuse booking tools or submit false identity information; interfere with Platform functionality or attempt unauthorized access to any part of our systems; copy route maps, tour content, or Platform materials for resale or commercial use; use automated scripts, scraping tools, robots, or other automated means to collect information from the Platform; distribute viruses or malware; post or transmit unlawful, defamatory, threatening, obscene, or infringing content; or impersonate any person or misrepresent your identity or affiliation.

Violation of these prohibitions may result in immediate account suspension or termination and, where warranted, legal action. We will fully cooperate with law enforcement authorities or valid legal process requesting or directing us to disclose the identity of anyone engaging in prohibited conduct.

8. 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.

a. Initial Dispute Resolution

Our Platform contains means to receive support and address any concerns you may have regarding your rental or use of our 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 arbitration or a lawsuit.

b. Binding Arbitration

If the parties do not reach an agreed-upon solution through the support process, either party may initiate binding arbitration as the sole means to resolve the claim. All disputes arising out of or relating to these Terms or your use of the Platform shall be finally resolved by binding arbitration administered by the ADR Institute of Canada, Inc. in accordance with its National Arbitration Rules. 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, including any claim that all or part of these Terms are void or voidable. 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, binding on the parties, and may be entered as a judgment in any court of competent jurisdiction.

To the extent the filing fee for arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. The parties understand that, absent this 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.

c. Location

The arbitration will take place in Toronto, Ontario, Canada, or a mutually agreed upon location.

d. Class Action Waiver

The parties agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action. The parties expressly waive their right to file a class action or seek relief on a class basis.

YOU AND LAKE DRIVE LOOP 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 is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

e. Small Claims and Intellectual Property

Notwithstanding the above, either party may bring an action in provincial court to protect intellectual property rights, or seek relief in a small claims court for disputes within the scope of that court’s jurisdiction.

f. Right to Opt Out

You have the right to opt out of these arbitration provisions by sending written notice of your decision to opt out to Lake Drive Loop Inc. at the address in Section 24 within 30 days of your first use of the Platform. If you opt out, Lake Drive Loop is also not bound by these provisions.

g. Changes to This Section

We 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 claims arising after the notice period.

9. User Submissions

Where we have specifically invited or requested submissions or comments, we encourage you to submit content you have created in connection with such requests (“User Submissions”). User Submissions remain your intellectual property. By submitting content, you expressly grant Lake Drive Loop a non-exclusive, perpetual, irrevocable, royalty-free, 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 likeness as contained in the submission, in whole or in part, in any form or media, whether now known or hereafter discovered, for any purpose including promotion, advertising, marketing, and publicity. Any such User Submissions are deemed non-confidential and we are under no obligation to maintain the confidentiality of any information they contain.

10. Inappropriate Submissions and Material

We do not seek User Submissions that result from any activity that may create a risk of harm, loss, injury, or death to any person; create a risk of loss or damage to property; or constitute a crime or tort. You agree that in connection with any submission you will not inflict emotional distress on others, humiliate others, assault or threaten others, enter private property without permission, impersonate another person, or otherwise engage in activity that may result in injury, death, property damage, or liability of any kind.

You are prohibited from using the Platform to post or transmit any unlawful, infringing, threatening, defamatory, libelous, obscene, or profane material, or any material that infringes third-party intellectual property. Sending or posting unsolicited advertisements or spam through the Platform is expressly prohibited.

If we determine, in our sole discretion, that you have violated or are likely to violate these prohibitions, we may take any action we deem necessary, including immediately banning you from the Platform and removing related materials without notice.

11. Access and Interference

You agree that you will not use any robot, spider, scraper, or other automated means to access the Platform without our express written permission. You also agree not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure; interfere with or attempt to interfere with the proper working of the Platform; or bypass any measures we use to prevent or restrict access.

12. Right to Remove Content

Except as described in our Privacy Policy, we will not monitor, edit, or disclose the contents of user communications or content posted to the Platform unless required in the course of normal maintenance, or unless required to do so by law, or in the good-faith belief that such action is necessary to: comply with legal process; protect and defend the rights or property of Lake Drive Loop or its users; or act in an emergency to protect personal safety.

Users remain solely responsible for the content of their submissions. We have no obligation to pre-screen any content. However, we have the right, at our sole discretion, to edit, refuse to post, or remove any material from the Platform at any time without notice. We reserve the right to deny access to the Platform to any user who fails to comply with these Terms.

13. User Published Content

User published content and User Submissions do not represent the views of Lake Drive Loop or any individual associated with us, and we do not control this content. You may not represent or suggest, directly or indirectly, that Lake Drive Loop endorses any user-published content. We do not vouch for the accuracy or credibility of any user content and do not take responsibility for any actions you may take as a result of reviewing it.

Through your use of the Platform, you may be exposed to content that you find offensive, objectionable, harmful, or inaccurate. By using the Platform, you assume all associated risks.

14. Self-Guided Tours, GPS Navigation & Trail Access

Our Platform may provide GPS navigation routes, suggested tour paths, points of interest, and safety recommendations. These routes are provided for convenience only. Users remain fully responsible for obeying all applicable traffic laws, assessing road and trail conditions, choosing safe riding routes, and responding to changing weather conditions. Route conditions may change without notice. We do not guarantee route safety, accuracy, or accessibility.

Location services depend on third-party technologies. We are not responsible for inaccurate GPS positioning, routing interruptions, mapping errors, signal loss, road closures, or trail access changes.

Users are responsible for confirming that routes selected during rentals comply with applicable municipal bylaws and permitted e-bike access rules. Trail permissions and road classifications may change without notice. We do not guarantee that suggested routes remain authorized for e- bike travel at all times.

15. Third Party Links and Services

From time to time, the Platform may contain links to, or integrate with, websites and services that are not owned, operated, or controlled by Lake Drive Loop or its affiliates. All such links and integrations are provided solely as a convenience. We are not responsible for any content, materials, or information located on or accessible from any third-party website or service. Neither we nor our affiliates endorse, guarantee, or make any representations regarding any third-party websites or services, or the results you may obtain from using them. If you access any third-party websites or services linked to or integrated with the Platform, you do so entirely at your own risk.

In some cases we may partner with another entity to co-promote their services or engage a third party to provide features or technology within the Platform. In these cases you may be transacting directly with that party or subject to their terms. When there is a conflict between these Terms and a partner’s terms with respect to any dispute relating to the Platform, these Terms will prevail.

16. Termination

You or we may suspend or terminate your right to use the Platform at any time, for any reason or for no reason. We may block your access to the Platform where: (a) you breach these Terms; (b) we are unable to verify or authenticate information you have provided; or (c) we believe your actions may cause financial loss or legal liability for you, other users, or us.

Termination does not limit any other rights or remedies available to us. All provisions of these Terms that by their nature should survive termination will do so, including Sections 4, 9, 13, 17, 18, 19, 20, and 21.

17. Disclaimers

YOUR USE OF THE PLATFORM, INCLUDING THE BOOKING SYSTEM, GPS NAVIGATION FEATURES, AND ALL RELATED SERVICES, IS AT YOUR OWN RISK. THE PLATFORM AND ALL ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON- INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING EXCLUSIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY ONTARIO LAW.

18. Limitations of Liability

LAKE DRIVE LOOP INC. DOES NOT ASSUME ANY RESPONSIBILITY, NOR WILL IT BE LIABLE, FOR ANY DAMAGES TO OR ANY VIRUSES THAT MAY INFECT YOUR DEVICE OR PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE PLATFORM, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS.

IN NO EVENT WILL LAKE DRIVE LOOP INC., OR ANY OF ITS OWNERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS, 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 PLATFORM, 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 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

In the event of any problem with the Platform or any materials or information on it, your sole remedy is to cease using the Platform. In no event shall our total liability to you for all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, exceed the greater of: (a) $150.00 CAD; or (b) the total fees you have paid to Lake Drive Loop Inc. in the previous twelve (12) months.

19. Indemnity

You agree to defend, indemnify, and hold harmless Lake Drive Loop Inc. and its owners, employees, agents, and assigns from and against any and all liabilities, costs, and expenses, including reasonable legal fees, related to or in connection with: (i) your use of the Platform; (ii) your violation of any term of this Agreement, including any breach of the representations and warranties above; (iii) your violation of any third-party right, including any right of privacy, publicity, or intellectual property; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages arising from any User Submission or other content you provide to the Platform; or (vi) any other party’s access to the Platform using your account credentials.

20. Release

In the event that you have a dispute with one or more other users of the Platform, you release Lake Drive Loop Inc. and its owners, directors, agents, and employees from claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, arising out of or in any way connected with such disputes.

21. Force Majeure

Neither Lake Drive Loop Inc. nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond reasonable control, including without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, extreme weather events, pandemic or public health emergencies, war, civil commotion, government orders or restrictions, municipal bylaws or closures, or any other event outside reasonable control. In such circumstances, we will make reasonable efforts to notify users and resume normal operations as soon as practicable.

22. Privacy

Data collection and use, including the collection and use of personally identifiable information, is governed by our Privacy Policy, which is incorporated into and forms part of this Agreement.

23. General

These Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein. You consent to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada for any dispute not subject to arbitration under Section 8.

A printed version of these Terms will be admissible in judicial and administrative proceedings to the same extent as other business documents maintained in printed form. These Terms set forth the entire understanding and agreement between you and Lake Drive Loop Inc. with respect to the Platform. We do not guarantee continuous, uninterrupted, or secure access to our Platform, and its operation may be affected by factors outside our control.

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall continue in full force and effect. 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 termination of this Agreement shall do so.

24. Additional Assistance

If you do not understand any of these Terms, or if you have any questions or comments, please contact us at:

Lake Drive Loop Inc.

10 Heather Fullerton Ave

Georgina, ON L0E 1R0

Email: [email protected]

Phone: (289) 356-3784