Terms of Use

radpowerbikes.com

Last updated: October 22, 2024

These Rad Power Bike Terms of Use (“Terms“) are a legal agreement between you and Rad Power Bikes Inc., a Delaware corporation, and its affiliated companies (collectively, “RPB,“ “we,” “us,” or “our”) that governs your access to and use of websites and applications owned or operated by RPB in the United States (including but not limited to: https://www.radpowerbikes.com) and the services provided through those websites and applications (those websites, applications, and services, including all Content (as defined below) therein are referred to collectively as the “Site”). Use of the RPB Canadian website (www.radpowerbikes.ca) or the RPB European Union website (www.radpowerbikes.eu) shall be subject to their respective Terms and Conditions.  

PLEASE READ THESE TERMS CAREFULLY AS THEY LIST YOUR OBLIGATIONS AND RIGHTS. BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SITE (EXCEPT FOR THE LIMITED PURPOSE OF REVIEWING THESE TERMS OR OTHER AGREEMENTS OR POLICIES ON THE SITE), YOU EXPRESSLY REPRESENT THAT YOU:

1. ARE LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT;

2. ARE ABOVE THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; AND

3. AGREE TO BE BOUND BY THESE TERMS.

IF YOU ACCESS OR USE THE SITE OR REGISTER FOR AN ACCOUNT ON BEHALF OF A COMPANY, ORGANIZATION, OR OTHER ENTITY (SUCH AS YOUR EMPLOYER), THEN YOU REPRESENT THAT YOU ARE AUTHORIZED TO BIND THAT COMPANY, ORGANIZATION, OR ENTITY TO THESE TERMS. IN THAT CASE, THE TERM “YOU” IN THESE TERMS INCLUDES BOTH THAT COMPANY, ORGANIZATION, OR ENTITY AND YOU INDIVIDUALLY, UNLESS CONTEXT REQUIRES OTHERWISE. IF YOU ARE NOT AUTHORIZED TO OR DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATIONS ON LIABILITY AND DISPUTE RESOLUTION PROCEDURES. SEE SECTIONS 15-18.

NOTICE REGARDING ARBITRATION: PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

You represent and warrant that you are at least 16 years of age or the age of legal majority in your jurisdiction (the “Minimum Age”), whichever is higher. If you are under the Minimum Age, you may not use or access the Site unless explicitly authorized by RPB. If RPB discovers or has any reason to suspect that you are not at least the Minimum Age, RPB reserves the right to suspend or terminate your access to the Site immediately and without notice.

Prior to access and use of certain areas of the Site or other services (such as when you purchase an RPB ebike), you may be presented and required to agree to additional terms in lieu of or in addition to these Terms (“Additional Terms”). Additional Terms may be presented online or offline, in either electronic or hardcopy form. All Additional Terms are hereby incorporated into these Terms by reference; as such, any reference to the “Terms” in this agreement includes the Additional Terms. In the event of a conflict between these Terms and any Additional Terms, the Additional Terms will govern.

All images, illustrations, designs, photographs, video clips, text, icons, research, insights, portfolios, reports, written information, Trademarks (defined below), and other content and materials that appear on the Site and all other applications developed for products or services offered by RPB (collectively, the “Content”) are subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by RPB. Your use of the Content, other than as provided in the Terms, is strictly prohibited. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Except as permitted in the Terms, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, create derivative works from, or otherwise exploit the Content. RPB and its affiliates and licensors reserve complete title and full intellectual property rights in any Content you download from this Site and reserve all intellectual property rights that are not expressly reserved herein. Any defined terms, whether capitalized or otherwise, carry the meaning assigned to them in the Terms. Additionally, you agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.

The Content includes the logos, trademarks, service marks, slogans, design marks, product and company names, and trade dress used on the Sites, in all cases whether registered or unregistered (collectively, the “Trademarks”), are the exclusive property of Rad Power Bikes Inc. or our licensors. The absence of a trademark notice or symbol indicating the registration or ownership of the Trademark does not constitute a waiver of RPB’s or its licensors’ trademark or other rights. Aside from the license granted to you in Section 5, these Terms do not grant you any rights to use the Trademarks. Under no circumstances are you permitted to use the Trademarks in a manner that creates a likelihood of consumer confusion as the source or identity of any products or services or the ownership of the Trademarks in question.

In order to access certain Site features, you may be provided with the option or required to register for a user account (“Account”). Certain Accounts will require internal approval from RPB, and RPB retains the right to approve or deny Account applications in its sole discretion. If you register or apply for an Account, your ability to use the Site as intended requires you to provide RPB with current, complete, and accurate information. If you provide any information that is untrue, inaccurate, or incomplete, or otherwise act in a false or misleading manner during the Account creation process, we reserve the right to terminate your Account and suspend your use of the Site.

You must keep your log-in information confidential and not authorize any third party to use it or your Account. You agree that you will keep your Account information current so that it is complete and accurate. RPB will attribute all use of your Account to you, and you are solely responsible for all activities that occur under your Account. You must notify RPB immediately if you suspect any unauthorized use of your Account or any other breach of security. Depending on your Account status or other criteria, your Account may not have full access to all Site features. You agree not to attempt to access any restricted Site features.

We are providing you with access to the Site and the Content pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You can use the Site only for personal or internal business purposes, at all times subject to these Terms. In no event may you use the Site for commercial purposes, i.e., for any purpose intended for or directed towards commercial advantage or monetary compensation. This license is available to you as long as you are not barred from the Site by applicable law and your access is not terminated by us. If these Terms are not enforceable where you are located, you may not use the Site. RPB reserves all rights, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

Under this license, you may access and use the Site and the Content in the following ways: (i) you may access and browse the Site, and use the features and functionalities made available thereon, using a device that you own or are authorized to use (a “Device”); (ii) you may download the Content from the Site and print out a hard copy; (iii) your Device may temporarily store copies of the Sites and the RPB Content incidental to your use of the Site.  

Otherwise, you may not copy, reproduce, distribute, republish, download, display, post electronically or mechanically, transmit, record, mirror, or photocopy any of the Content without the prior written permission of RPB or the applicable owner. Without limiting the foregoing sentence, you may not:

1. Modify, reproduce, or distribute copies of any Content;

2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;

3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content;

4. Access or use any part of the Content or any services or materials available through the Site for purposes other than those granted by these Terms;

Any use of the Content on this Site other than as expressly authorized by these Terms may violate copyright or trademark laws, and, without the prior written permission of RPB, is strictly prohibited.

RPB may grant third parties the right to link another website to the Site through a URL linking mechanism supplied by RPB. Any request for such right must be made to RPB in writing. Any alteration, change, modification, adjustment or revision to the linking mechanism must be approved by RPB in writing prior to implementation. The permissions described above will terminate automatically if you breach any of these Terms. You agree to cooperate with us as requested to remove any links that we determine violate these Terms. We reserve the right to withdraw linking permission at any time and without notice.

The Site is protected by technical and organizational security mechanisms. If you violate or attempt to violate any of the security protections employed by RPB, through the Site or otherwise, you may face civil or criminal liability. We reserve the right to investigate all suspected violations and may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right to disable your Account, and corresponding username, password, or other identifier at any time and in our sole discretion if, in our opinion, you have violated any provision of these Terms.

RPB does not control and is not responsible or liable for any information, content, graphics, text, images, software, sound files, video, communications, documents, or other materials that are provided, posted, uploaded, sent, or otherwise submitted to the Site by users of the Site (“User Content”). User Content has not necessarily been reviewed or approved by RPB, and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any such content. Any views or opinions expressed in User Content belong to the users who shared the content and not to RPB. Your reliance on any User Content is done entirely at your own risk.

You acknowledge, represent, and agree that all User Content submitted through your Account or otherwise by you (“Your Content”) is submitted voluntarily, is not confidential.  

You will retain ownership of any intellectual property rights that you own in your User Content, but, in exchange for your right to use the Site and access the Content, you grant to RPB a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license to Your Content to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, publish, translate, and otherwise use Your Content (and derivative works thereof) for any purpose (commercial or otherwise) and in any media, medium, form, format, and forum now known or hereafter developed. We may sublicense these rights through multiple tiers of sublicenses. You further grant us permission to publish your name and other information about you in connection with Your Content. RPB is under no obligation to post User Content on the Site and may, in its discretion, edit, block, refuse to post, or remove any User Content (including Your Content) at any time.

Your Content shall not be deemed confidential and RPB shall not have any obligation to keep any such material confidential. RPB shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating such information.

You represent and warrant that you have the rights necessary to grant the rights in this Section and that Your Content does not:

1. infringe the rights of RPB or any third party;

2. violate any agreement with RPB or any third party;

3. violate any applicable law or regulation;

4. contain any information or statement that is fraudulent, untrue, misleading, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, pornographic, hateful, harmful, or discriminatory on the basis of race, nationality, ethnicity, gender, sex, sexuality, sexual orientation, or age, as determined in RPB’s sole discretion; and

5. cause any damage to RPB’s business, reputation, employees, members, or facilities.

If RPB suspects violations of the foregoing, RPB may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You are solely responsible for Your Content and any other User Content you provide to RPB or make available through the Site.

By using the Site, you agree to not use the Site in any manner that:

1. Is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files, or programs);

2. Interferes with or disrupts the proper functioning of the Site or the services connected to the Site;

3. Infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);

4. Involves any unsolicited or unauthorized advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

5. Cause RPB to lose (in whole or in part) the services of our Internet service providers or other suppliers;

6. Links to materials or other content, directly or indirectly, to which you do not have a right to link;

7. Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or discriminatory on the basis of race, nationality, ethnicity, gender, sex, sexuality, sexual orientation, or age;

8. Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Site or any portion thereof;

9. Violates, or encourages anyone to violate, these Terms or any applicable local, state, national, or international law, regulation, or order.

RPB shall have the right but not the obligation to monitor, evaluate, and analyze any use of and access to the Site for the purpose or determining or enforcing compliance with these Terms. You further agree that RPB shall not be responsible for or liable to you with respect to any other user’s conduct that is prohibited under these Terms.  

You agree that RPB has the right to (i) disclose your identity or other relevant information about you to any third party who claims that Your Content violates their rights; (ii) take legal action, including referral to law enforcement, with respect to any illegal or unauthorized use of the Site; and (iii) cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user of the Site. You hereby waive any claims related to or resulting from any action or inaction of RPB with respect to (i) monitoring the use of the Site; (ii) deleting, removing, modifying, or refusing to post Your Content; (iii) determining or enforcing compliance with these Terms; and (iv) cooperating with law enforcement on any matter related to the Site.

Notwithstanding the use restrictions in this section, nothing in these Terms shall prohibit or restrict your ability to (i) make any “statement” protected by Cal. Civ. Code § 1670.8; (ii) engage in a “covered communication” as defined by the Consumer Review Fairness Act, 15 U.S.C.A. § 45b; or (ii) express or publish any review, performance assessment, or similar analysis (collectively, “Reviews”) about RPB, its employees or agents, or its products or services, to the extent that such Reviews.

When you use or access the Site, you authorize RPB to automatically collect information about you, your use of the Site, and Site performance, and to use, transmit, process, and store that information in accordance with the RPB Privacy Policy, which is hereby incorporated into these Terms by reference.

RPB has no obligation to provide support services in relation to the Site, Content, your Account, or User Content. RPB does not guarantee availability of the Site, Content, your Account, or User Content and your access is permitted only if and when they are available. The Site may be unavailable as a result of ongoing service, upgrades, maintenance, or other reasons.

To the maximum extent authorized under applicable law, RPB reserves the right to change, restrict access to, suspend or discontinue the Site, or any portion of the Site at any time without notice to you. You understand, acknowledge, and agree that RPB will not be liable to you or to any third party for any such actions. If you would like to request support for the Site, please contact us through this request form.

RPB reserves the right to change these Terms at any time. When we do so, we will update the “Last updated” date above. For material changes, RPB will seek to supplement this notice by sending you an e-mail, or by any other reasonable means. The updated Terms are binding on you as of the effective date indicated therein. If you do not want to agree to the updated Terms, you must terminate your Account and stop using the Site and Content. Your continued use of the Site after the effective date will constitute your acceptance of the updated Terms.

The Site may contain links or references to third-party websites (“Linked Sites”). RPB does not endorse or sponsor any Linked Sites or the information, products, or services contained on any Linked Sites. RPB has no control over and is not responsible for any Linked Sites or their content. Linked Sites are governed by their own terms of use and privacy policies, if any. Under no circumstances shall RPB be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any content, goods, or services available on Linked Sites.

The Site may contain video content, audiovisual content, or content of a like nature (collectively, “Video Content”). Video Content is provided for the purpose of enhancing the user experience on the Site and is, therefore, provided in connection with RPB’s business activities related to manufacturing and selling electric bicycles. RPB is not in the business of renting, selling, or delivering Video Content in a commercial manner. By using the Site, you agree that RPB is not a “video tape service provider” as defined in the Video Privacy Protection Act (“VPPA”), 18 U.S.C.A. § 2710.

Further, the Site may utilize online tracking technologies and code-based tools, including social media pixels, software development kits, and cookies that track information about your activity on the Site (collectively, “Targeting Tools”). Targeting Tools may result in information about your activity on the Site being transmitted from your browser to RPB and to third parties, which, in turn, may result in the display of targeted advertisements on third-party websites. Whether Targeting Tools on the Site result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of RPB’s knowledge or control, including what third-party websites you use, what information you have provided to such third parties, and whether (and the extent to which) you have limited the use of cookies by the operators of third-party websites. As such, you hereby acknowledge and agree that, if Targeting Tools on the Site result in your browser’s transmission of information to third-party websites, (i) such transmissions do not constitute a “knowing disclosure” of “personally identifiable information” by RPB under the VPPA and (ii) you will not initiate any litigation or otherwise assert any claim against RPB based, in whole or in part, on such transmissions, whether under the VPPA, the California Invasion of Privacy Act (Cal. Penal Code § 630 et seq.), or any other statute, regulation, or cause of action.

You may need to use or obtain additional products or services in order to use the Site or Content, such as internet access, a device, or a data connection. You must obtain all third-party products and services separately and pay all associated charges. RPB does not endorse, sponsor, or have control over any third-party products or services and will not be responsible for any third-party products or services.

These Terms will continue to apply to you until terminated by either you or RPB.

You may terminate these Terms at any time by contacting us at legal@radpowerbikes.com. RPB reserves the right to terminate your Account, these Terms, or suspend your access to the Site, at any time with or without prior notice if we believe you have breached any of these Terms, if we stop providing the Site or any material component thereof, or as we believe necessary to comply with applicable law. If you or we terminate these Terms, or if we suspend your access to the Site, you agree that (i) your right to access and use your Account or any other aspect of the Site ceases immediately and (ii) we shall have no liability or responsibility to you, and (except as expressly provided in these Terms) we will not refund any amounts that you have already paid. In the event of termination, RPB is under no obligation to issue a refund for any prepaid fees associated with your Account.

Any rights or obligations contained herein intended by their nature to survive termination, shall remain in effect after such termination. For avoidance of doubt, the following provisions shall survive the termination of these Terms: This section, Proprietary Rights & License, Website and Content Use (excluding the license granted to you), Video Content on the Site, Disclaimer of Warranties, Disclaimer of Certain Damages, Limitation of Liability and Exclusive Remedy, Dispute Resolution and Binding Arbitration, Independent Remedies, Indemnification, Governing Law and Venue, Jurisdiction; Export Control, General, Legal Notices, and Notices of Claims of Copyright Violations.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE CONTENT ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. RPB AND ITS SUPPLIERS, AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY WITH RESPECT TO THE SITE AND THE CONTENT. WITHOUT LIMITING THE FOREGOING SENTENCE, WE HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.

IN PARTICULAR, RPB, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY:

1. (A) THAT THE WEBSITE, CONTENT, OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;

2. (B) THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR

3. (C) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED. THE SITE, CONTENT, AND USER CONTENT YOU DOWNLOAD OR OBTAIN THROUGH THE SITE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RPB OR ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS (THE “RELEASED PARTIES”) BE LIABLE FOR ANY (1) CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; (2) FOR LOSS OF PROFITS, BUSINESS, GOODWILL, SAVINGS OR REVENUE, OR USE; (3) LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; OR (4) ANY DAMAGES CAUSED BY FACTORS BEYOND THEIR REASONABLE CONTROL ARISING IN ANY WAY IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITES ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SITE, CONTENT, OR USER CONTENT, EVEN IF RPB OR ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IN ADDITION, WHEN USING THE SITES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF THE RELEASED PARTIES. ACCORDINGLY, THE RELEASED PARTIES SHALL HAVE NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.

IN NO EVENT WILL THE MAXIMUM, AGGREGATE LIABILITY OF THE RELEASED PARTIES IN CONNECTION WITH ANY DISPUTE (DEFINED BELOW), EXCEED THE GREATER OF (I) $100 USD OR (II) THE AMOUNT YOU PAID TO RPB IN CONNECTION WITH YOUR USE OF THE SITES IN THE 12-MONTH PERIOD PRECEDING THE DATE ON WHICH YOUR FIRST CLAIM RELATED TO THE DISPUTE AROSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES, AND DAMAGES. NOTHING IN SECTIONS 15 OR 16 IS INTENDED TO EXCLUDE ANY WARRANTY, LIABILITY, OR DAMAGES WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. AS SUCH, SOME OF THE LIMITATIONS OR EXCLUSIONS IN THOSE SECTIONS MAY NOT APPLY TO YOU. IN THAT EVENT, THE TERMS OF SECTIONS 15 AND 16 SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

If there is any controversy, claim, action, or dispute between you and RPB arising out of or related to your use of the Site or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), you and RPB agree to resolve the Dispute through the dispute resolution procedures set forth in this section, even if that Dispute arose prior to the Effective Date of these Terms.

1. Informal Dispute Resolution Requirement

You and RPB agree to first attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”).  

All Dispute Notices must: (1) be signed by the Complaining Party; (2) include the Complaining Party’s name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim, and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and RPB. As such, your Dispute and the Disputes of other parties may not be combined into a single Dispute Notice.  

Dispute Notices shall be sent to:

• To RPB: You must send notice (1) by electronic mail to legal@radpowerbikes.com and (2) by first-class or certified mail to Rad Power Bikes, 1128 Northwest 52nd Street, Seattle, Washington 98107.

• To You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by email to the email address we have on file for you (if any). If we do not have any address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by other reasonable means.

You and RPB will attempt to resolve the Dispute through informal negotiation within thirty (30) days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and RPB (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. RPB will participate in the Conference through one or more representatives, which may include our counsel.

Both you and RPB agree that the foregoing dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed or satisfied, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (ii) unless prohibited by law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the Dispute.

2. Individual Arbitration

IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL DISPUTE RESOLUTION PROCEDURE, YOU AND RPB AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS.

All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by these Terms), before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) (the “Minimum Standards”) if, and only if, it is determined by JAMS or the arbitrator that the Minimum Standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $5,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance-based hearing by teleconference or videoconference.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. For the avoidance of doubt, you and RPB agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this section of the Terms or the arbitrability of any claim or counterclaim. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

3. Exceptions

Notwithstanding any other provision of this section, you or RPB may (1) bring an individual claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights (so long as the action is brought and maintained on an individual basis).

In addition, nothing in these Terms prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

You agree to defend, indemnify, and hold RPB and the Released Parties harmless and will keep them indemnified from any third-party claim or demand, including reasonable attorneys’ fees, relating to or arising from:

1. (a) Your Content;

2. (b) any violation by you of these Terms; or

3. (c) your violation of any another party’s rights or applicable law.

RPB reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with RPB in asserting any available defenses. You agree never to settle any matter for which your indemnification is required absent our prior written consent.

These Terms have been made and will be governed by and construed in accordance with the laws of the United States (including federal arbitration law) and the State of Washington, without reference to any conflict of laws provisions. You and RPB acknowledge that these Terms evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

Except for disputes or claims properly lodged in a small claims court in the United States, any disputes or claims not subject to arbitration pursuant to these Terms shall be resolved by a court located in Seattle, Washington, and you agree to submit to the exclusive jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.

RPB controls and operates the Site from within the United States and makes no representation or warranty that the Site is appropriate or available for use or access in any location outside of the United States. Anyone using or accessing the Site from outside the United States does so on their own risk and is responsible for compliance with all applicable laws and regulations, including U.S. and international export control laws and regulations.

Without limiting any other provision of these Terms, you may not use or otherwise export or re-export the Site, or any aspect thereof, except as authorized by United States law and the laws of the jurisdiction in which the Site was accessed, downloaded, or obtained by you, and you further agree that the Site may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Site, you represent and warrant that you are not located in any such country or included on any such list. You also agree that you will not use the Site for any purposes prohibited by United States law, including the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

Interpretation. Section titles are only for convenience and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely.”

Waiver. RPB’s failure to act with respect to a breach by you or others does not waive its rights to act with respect to subsequent or similar breaches. A waiver will only be binding on RPB if it is in a written document signed by RPB.

Severability. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect. You and RPB intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and RPB agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion.

Assignment. RPB may assign its rights and delegate its obligations under these Terms, in whole or in part, at any time with or without notice to you, and these Terms will be binding upon and inure to the benefit of RPB’s successors and assigns. You may not assign, transfer or sublicense your rights (if any).

Entire Agreement. These Terms (which, for avoidance of doubt, includes our Privacy Policy and any other Additional Terms) constitute the entire agreement between you and RPB with respect to the Site. Both you and RPB warrant to each other that, in entering this agreement, neither RPB nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and RPB, or RPB’s successors and assigns, will have any right to enforce these Terms.

No relationship. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and RPB.

Admissibility. You agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notice to California Residents. You may reach RPB at the contact information provided below in the “Contact Us” section. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

WITH RESPECT TO ANY LIMITATIONS OR DISCLAIMERS OF WARRANTIES OR LIABILITY INCLUDED IN THESE TERMS, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Unless provided otherwise in these Terms, RPB will provide all notices that RPB is required to give by any lawful method, including by making notice available through the Site or by sending it to any e-mail or mailing address that you provide to RPB. You acknowledge that if you do not provide RPB with current and accurate contact information, RPB may not be able to contact you.

Unless instructed otherwise in these Terms, you agree to send RPB notice by mailing it to the following address: 1121 NW 52nd St. Seattle, WA 98107

We comply with the Digital Millennium Copyright Act (“DMCA”). If you have a concern regarding the use of copyrighted material on our Site, please contact our agent designated for responding to reports of copyright infringement (“Designated Agent”). In the subject line of your message, please include “Re: Claim of Copyright Infringement.” The contact information for our Designated Agent is as follows: 1121 NW 52nd St. Seattle, WA 98107; ATTN: Legal Department (mail); 1-800-939-0310 (telephone); legal@radpowerbikes.com (email).

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted;

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and;

6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When we receive a compliant notice of copyright infringement, we will expeditiously remove or disable access to the allegedly infringing content. We may give notice to the user responsible for the content by means of a general notice on the Site, email to the user’s address in our records, or written communication sent by first-class mail to the user’s physical address in our records. If you receive such a notice and believe that the content was removed as a result of mistake or misidentification, you may provide counter-notification in writing to the Designated Agent. To be effective, the counter-notification must be a written communication that includes the following:

1. Your physical or electronic signature;

2. 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;

3. A statement from you, under 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

4. Your name, physical address, 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.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, and where technically feasible, of account holders who are repeat infringers.

If you have any questions, comments or concerns about these Terms, please contact us at:

• Rad Power Bikes, Inc – Legal Department: legal@radpowerbikes.com