This website is operated by E-Tek Bikes LLC (“ETB”). Throughout the site, the terms “we”, “us” and “our” refer to E-Tek Bikes LLC . E-Tek Bikes LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
SECTION 1 – ONLINE STORE TERMS
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall E-Tek Bikes LLC , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
SECTION 15 – SEVERABILITY
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
SECTION 17 – ENTIRE AGREEMENT
SECTION 18 – GOVERNING LAW
SECTION 20 – SAFETY DISCLAIMER
Purchaser, being above 16 years of age, agree to all terms as follows:
- I agree and acknowledge that anyone with serious medical conditions should not ride an electric bike or scooter.
- I agree and acknowledge that no one, including myself, should ride an electric bike or scooter while under the influence of alcohol or drugs, including prescription medications, or while otherwise incapacitated.
- I agree and acknowledge that it is not safe to ride ETB bicycles or scooters in hazardous conditions, including uneven or off road terrain, significant rain or in snow, and assume all risks of riding my ETB bicycle(s) or scooter under these and/or any other unsafe conditions. When riding my ETB bicycle(s) or scooter, I agree to obey the federal electric bike / scooter speed limit of 20 mph and all other state, county, municipal and city traffic laws, including electric bicycle laws.
- I acknowledge and understand that riding an ETB bicycle or scooter is a dangerous activity that requires moderate to strenuous exercise and various degrees of skill and experience for individual riders. I understand that biking can result in serious injury to the person and damages to property. I hereby voluntarily assume any and all risk associated with loss, damage or physical injury that occurs while riding my ETB bicycle(s) or scooter.
- I am aware of the risks, hazards and dangers of personal injury, death and disability inherent in the use of electric bicycles, including ETB bicycles or scooters. I am aware that the usual risks, hazards and dangers of personal injury, disability and death are greater with lack of experience and/or failure to follow the warnings and instructions provided by ETB in its Operator’s Manual and within the manuals accompanying the various components of the ETB bicycle or scooter, access to which have been provided to me by ETB.
- I hereby agree to release and forever discharge ETB, and its agents, employees, officers, directors, component manufacturers and any and all other persons or entities acting on ETB’s behalf from any and all legal claims, actions, damages, liability, costs, expenses or attorney fees related to, arising out of, or in any way connected to use of my ETB bicycle(s) or scooter, use of any other equipment or property supplied by ETB or from any claim arising out of my presence upon the ETB premises, whether or not such claims, actions, damages, liability, cost or expenses are caused by the negligence of ETB, including its agents, employees, officers, directors, component manufacturers and/or any and all other persons or entities acting on ETB’s behalf. By my execution of this Contract, it is my intention to surrender and waive any and all rights to sue or to exercise a legal right to seek damages from ETB, and/or its agents, employees, officers, directors, component manufacturers and any and all other persons or entities acting on ETB’s behalf.
- I hereby certify that I am at least 16 years of age and am not purchasing ETB bicycle(s) or scooter on behalf of an individual under the age of 16. I acknowledge that it is illegal for any person under 16 years old to ride an electric bicycle, including an ETB bicycle. I have carefully read the foregoing and acknowledge, understand and AGREE to all of the above terms and conditions. I have had the opportunity to ask any and all questions regarding this Contract. By issuing payment for my ETB bicycle(s) or scooter and executing this Contract, I assume all risks inherent in the purchase and use of an electric bicycle or scooter, and release ETB from any and all liability that may arise from my ownership and use of my ETB bicycle(s) or scooter. This includes a release of ETB from any and all liability related to or arising out of a minor’s use of my ETB bicycle(s).
Binding Arbitration Clause: The Parties agree that any dispute, controversy or claim arising out of or relating to this Contract or as a result of the use of ETB bicycle(s) or scooter and accessories; including warranty claims, defective product claims, physical injury claims, property damage claims and/or whether any of the aforementioned claims are arbitrable, will be referred to and finally determined by arbitration in accordance with the Judicial Arbitration and Mediation Services (“JAMS “) International Arbitration Rules. The tribunal will consist of a sole arbitrator. The place of arbitration shall be the JAMS office located in Miami, Florida. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. In the event a party fails to proceed with arbitration as delineated in this paragraph, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled to costs of suit including reasonable attorneys’ fees for having to compel arbitration or defend or enforce an award.
SECTION 21 – CONTACT INFORMATION