Jupiter Bike Terms Of ServiceEffective Date: March 23, 2022
BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING "SIGN UP" OR ANY SIMILAR MECHANISM, OR BY USING THE WEBSITE, YOU ARE AGREEING TO THE THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICES.
PLEASE READ CAREFULLY
ARBITRATION, CLASS ACTION, AND JURY TRIAL WAIVER. THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, TO BRING A CLASS ACTION, AND TO HAVE DISPUTES DECIDED BY A JUDGE OR JURY UNLESS YOU OPT-OUT OF ARBITRATION.
CONTINUED USE CONSTITUTES ACCEPTANCE OF THE TERMS. Your continued use of our Services, including your continued use after any changes to the Terms as noted above, will constitute acknowledgement of the new Terms and your agreement to abide and be bound by any modifications to them.
1. User Accounts
The Services are intended solely for persons who are 16 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
When you use the Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
2. Proprietary Rights
Copyright Notice. This copyright notice applies to the entirety of the Services. All content on the Services are the sole property of Jupiter Bike and is protected under U.S. and international copyright laws.Jupiter Bike reserves all rights to the content contained herein. The content of this website or any Internet site owned, operated, licensed, or controlled by Jupiter Bike may be viewed or downloaded for the user's personal, noncommercial use only. Even for personal downloads, you may not modify the materials nor use the materials in a manner that suggests an association with any of our products, services, or brands.The content herein, including trademarks, service marks, written text, html or other code, images, animations, digital photographs, or other content accessible on this site, should not be reproduced, copied, distributed, posted, or used in any other way without the express written permission of Jupiter Bike. The use of any Jupiter Bike material on any other Web site or computer environment is prohibited. You may link to material on our website only with our prior written consent.
Website Content is the Property of Jupiter Bike. All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Jupiter Bike website is protected intellectual property of, or used with permission or under license by us. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Content, copyrighted and protected as a collective work. All intellectual property rights associated with the Website and/or Services, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Sites and/or Services. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on any Site is strictly prohibited.
3. Website Disclaimer
This website and the information provided herein are provided "as is" without warranties of any kind either express or implied. To the fullest extent possible pursuant to the applicable law, Jupiter Bike disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights. Jupiter Bike does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the materials or products on this site or any sites linked to this site.
Limitation of Liability. Under no circumstances, including, but not limited to, negligence, shall Jupiter Bike be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, harm to equipment and/or personal injury or death, arising out of the use, or the inability to use, the materials on this site, even if Jupiter Bike or a Jupiter Bike authorized representative has been advised of the possibility of such damages. if your use of materials from this site result in the need for servicing, repair or correction of any item you assume any cost thereof. some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors. In the event a product is listed at an incorrect price due to a typographical error, Jupiter Bike shall have the right to refuse or cancel any orders placed for said product(s). Although your credit card or any other form of payment normally is not charged prior to shipping an order, if you have already been charged for the purchase and the order is canceled Jupiter Bike will immediately issue a credit to your credit card account or other payment type in the amount of the incorrect price.
4. Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall 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 Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
5. Promotions and Discounts
Our Services may advertise promotional discounts, coupon codes, and other offers to be applied upon checkout. These cannot be applied to prior or completed transactions, and must be used at the time of purchase. Generally, promo codes and discounts cannot be combined with other offers or used with subscription orders. Only consumers can use promo codes, they cannot be used by resellers, wholesalers, practitioners, or the like. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible on the Site.
Disputes and Disclaimer. All questions or disputes regarding your compliance with this Agreement, eligability for promotion, or anything else related to a sale or promotion, will be resolved by us in accordance with the "Disputes, Arbitration, and Class Action Waiver" section. By participating, you agree that all decisions we make regarding any sale or promotion are final.
6. Terms for Purchases
Transfer of Ownership to You. Title to all products ordered by you and risk of loss to such products will transfer to you at the time Jupiter Bike delivers such products to the applicable shipping carrier. Note, however, that if we have not received payment in full for the products prior to their delivery, then the products will remain our property until such time as payment is received in full. We reserve the right (subject to applicable law) to terminate your right to use the products if payment is not made when due, or if the credit/debit card company declines payment or requires us to return any payment made for the products, for any reason.
Updates to Ebike Parts. We reserve the right to change any component or part of our ebikes, or to change manufacturers of component parts without notice to you. Such changes, as well as any modification to the manufacture of our bikes, shall not constitute grounds for returning the product.
Battery and Range. Please note that there are many factors that contribute to the actual, real-world range of an ebike battery such as age of the battery, temperature, level of assist, speed, payload, and terrain. Any representation we make regarding the range for a particular ebike based on a full charge of its battery is an estimate, not a guarantee of such performance.
Alterations Void Warranty. Any alterations, modifications, or other changes made by you to an ebike following your purchase which affect the safety, operation, or mechanics of the ebike shall void any applicable product warranty and shall be at your sole risk of harm.
Financing. For qualified purchasers, ebikes may be financed through our consumer financing partners. The necessary qualifications for financing an ebike purchase, and your rights and obligations associated with such purchase, are solely determined by the financing partner. It is your responsibility to review and understand all terms and conditions associated with financing an ebike purchase, and you hereby acknowledge that Jupiter Bike is no way responsible for any such financing.
Cancellation of Orders. You may cancel an order by contacting us via email or telephone, or per the Contact Us section. Cancellation is not confirmed until you receive a response from our customer support team.
Due to the speed at which we process orders (as quickly as possible) we will attempt but cannot guarantee that we will be able to cancel your order. After you have placed an order, we cannot change it, including for size or color reasons. Please make your selections carefully and reach out to our team for guidance to ensure you are choosing the right item.
Orders which have already been shipped (you have received a tracking number) cannot be changed or cancelled. Please see our Returns and Exchanges Policy below for return terms and instructions to send an order back for a refund, if desired.
Card Processing Fee. If you ask us to cancel an order after we have captured funds from your credit/debit card, (or after we've captured funds from your PayPal account or have financed your purchased through Klarna) 2.5% will be withheld from your refund to cover the cost of merchant card processing, which we do not recover when issuing a refund for a cancelled order.
Current shipping time is 3-5 business days for in-stock items.
Email Confirmation. A shipping confirmation email will be sent to the email address attached to your order once the order has shipped. Please note that for any third-party shipping outside of Jupiter Bike's normal shipping process, Jupiter Bike cannot provide ANY additional shipping information or documentation.
Shipping Costs and Lithium-Ion Batteries. We are pleased to offer completely free shipping on select products to addresses in the 48 continental United States. Shipping to destinations outside the 48 continental United States is based on package weight and size. Due to shipping carrier regulations around high-capacity lithium-ion batteries, we cannot ship ebikes, or ebike batteries, outside of the 48 continental United States.
Signatures Required. Shipments containing ebikes are sent signature required due to the high value of the item and restrictions pertaining to the delivery of high-capacity lithium-ion batteries. The shipping carrier is instructed obtain a signature before delivery and should not leave packages unattended, although starting with the COVID-19 pandemic, shipping carriers may obtain visual confirmation that the recipient acknowledges receipt of the package as an alternative to obtaining a physical signature.
Addresses to Which We Ship. We ship ebikes to addresses in the 48 continental U.S. states. Accessory orders ship to the U.S. territories of Guam and Puerto Rico as well as APO/FPO/DPO addresses. Orders ship from Tampa, Florida, USA.
Due to shipping carrier regulations around high-capacity lithium-ion batteries, we cannot ship ebikes or ebike components, including but not limited to batteries, outside of the 48 continental United States. Shipping Carriers. Jupiter Bike ships using FedEx and USPS, based on the size/weight of your order and your delivery address. We'll ship your order in a single box whenever possible, but occasionally we'll need to send multiple shipments: for example, if you've ordered several large/bulky items.
No Responsibility for Loss, Theft, or Damage. Please note we are not responsible for any lost, stolen, or damaged items due to the actions or inactions of FedEx or any other parcel service.
Refused Shipments - Flat Fee. If you refuse delivery of an order that you asked us to ship to you, we reserve the right to charge a flat fee of $75 per ebike to partially cover our shipping costs. We cannot change, intercept, or cancel orders that have already shipped. If you refuse delivery, we will treat your order as a return if it arrives back to us and issue a refund for the purchase price via your original payment method, less $75.
9. Return Policy, Restocking Fee
Returns, Refunds and Restocking Fees. Jupiter Bike believes in the quality of its products and wants you to shop with confidence. Please read the following carefully to understand our returns and restocking fee policy applicable to all components, accessories and ebikes sold by Jupiter Bike.
Returns of New and Unused Items Within 14 Days of Receipt. We allow you to return any item in new and unused condition within 14 days of receipt for a full refund with no restocking fee, less shipping charges. For all returns, return shipping charges are the responsibility of the recipient, unless we made a shipping error. We will issue a refund using the same payment method you used originally.
Returns of New and Unused Items Outside the 14-Day Window. If you wish to make a return outside of the 14-day window, then if the item to be returned is in new and unused condition, you may return the item subject to the return shipping charges and a restocking fee in the amount of twenty percent (20%) of the purchase price.
Returns of Used Items. Any items returned in a used condition may be returned within 30 days of purchase subject to the return shipping charges and a restocking fee in the amount of fifty percent (50%) of the purchase price. Items must be free of any damage. Electric bikes must have less than twenty (20) miles on the odometer.
Return Shipping Costs. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. We recommend using a trackable shipping service and purchasing shipping. We cannot guarantee that we will receive the item you are attempting to return.
Returns Mechanics, COD and Timing. Please contact a member of our customer support team using the "Contact Us" information below in Section 28. We will notify you at the email address on file when we process your return. A return authorization number is required to make a return. Most refunds show up to your payment card or payment account within 72 hours of processing (or on your next paper statement). Jupiter Bike does not accept shipments sent cash on delivery (COD).
No Bike Shop Returns. Please note that each of our partner bike shops sets its own return and exchange policies and procedures. We do not accept returns of items purchased from bike shops. Please contact the place of purchase to discuss their return policy.
Refused Shipments – Flat Fee. If you refuse delivery of an order that you asked us to ship to you, we reserve the right to charge a flat fee of $75 per ebike to partially cover our shipping costs. We cannot change, intercept, or cancel orders that have already shipped. If you refuse delivery, we will treat your order as a return if it arrives back to us and issue a refund for the purchase price via your original payment method, less $75.
Battery Returns. Due to return shipping carrier restrictions, battery purchases are non-returnable. High-capacity lithium-ion battery shipping restrictions prohibit consumer's ability to return batteries via shipping carriers.
I agree to the terms of the return policy
START MY RETURN
10. Management of the Service; User Misconduct
Our Right to Manage the Service. We reserve the right, but do not undertake the obligation to: (A) monitor or review the Services for violations of these Terms and for compliance with our policies; (B) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Services; (C) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any User Content or any portion thereof; (D) manage the Services in a manner designed to protect our and third parties' rights and property or to facilitate the proper functioning of the Services; and/or (E) terminate or block you your use of the Service for violating these Terms.
Our Right to Terminate Users. You agree that Jupiter Bike may, under certain serious circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in Jupiter Bike's sole discretion and that Jupiter Bike shall not be liable to you or any third party for any termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: "User Content", "Proprietary Rights," "Disclaimer of Warranties and Liability," "Indemnity," "Choice of Laws" and "General."
11. Disclaimer of Warranties and Liability
SITES AND SERVICES ARE PROVIDED "AS-IS." ANY INFORMATION, SOFTWARE, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY. JUPITER BIKE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. JUPITER BIKE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THAT CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
COMPLIANCE WITH EBIKE AND RELATED LAWS. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ANY AND ALL LAWS REGULATING THE PURCHASE OR USE OF AN EBIKE, OR OTHER PRODUCT. WE ARE NOT RESPONSIBLE FOR ADVISING YOU ON SUCH LAWS IN YOUR OR ANY OTHER JURISDICTION RELATED TO THE PURCHASE OR USE OF AN EBIKE OR OTHER PRODUCT. YOU, AND YOU ALONE, ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL REQUIREMENTS, INCLUDING BUT NOT LIMITED TO REQUIREMENTS RELATED TO REGISTRATION OF AN EBIKE, LICENSURE FOR RIDING AN EBIKE, PURCHASING INSURANCE, OR WEARING A HELMET. FOR YOUR OWN SAFETY WE RECOMMEND THAT YOU WEAR A HELMET AT ALL TIMES WHILE RIDING ANY EBIKE.
NO PROVISION OF MEDICAL ADVICE. YOU EXPRESSLY AGREE THAT JUPITER BIKE IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND JUPITER BIKE.
RISKS INHERENT IN ATHLETIC ACTIVITY. YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, CYCLING, RUNNING, OR FOLLOWING A TRAINING PLAN OFFERED ON THE SERVICES) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF JUPITER BIKE OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.
NO RESPONSIBILITY FOR CHALLENGES, CONTESTS. YOU EXPRESSLY AGREE THAT JUPITER BIKE DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, CHALLENGE, OR GROUP ACTIVITY THAT UTILIZES THE SERVICES, INCLUDING ANY THAT ARE ORGANIZED BY A CLUB ADMINISTRATOR.
RELEASE OF LIABILITY FOR INJURY RELATED TO ATHLETIC ACTIVITY. YOU EXPRESSLY AGREE TO RELEASE JUPITER BIKE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES AND/OR USE OF THE JUPITER BIKE WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS (INCLUDING, WITHOUT LIMITATION, ANY JUPITER BIKE TRAINING PLAN), AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR USE OR MISUSE OF THE SERVICES, (B) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY JUPITER BIKE (INCLUDING, WITHOUT LIMITATION, ANY JUPITER BIKE TRAINING PLAN) WHILE ENGAGED IN ATHLETIC ACTIVITIES, (C) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (D) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (E) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF JUPITER BIKE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ENTERING INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
JUPITER BIKE DOES NOT ENDORSE YOUR USER CONTENT OR ANY OTHER MEMBER'S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.
MAXIMUM AGGREGATE LIABILITY NO TO EXCEED $50. THE COMPANY'S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (A) FIFTY DOLLARS ($50) OR (B) THE AMOUNT OF FEES PAID BY YOU TO JUPITER BIKE IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.
YOU AGREE TO INDEMNIFY AND HOLD JUPITER BIKE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR OTHERWISE SEEK TO MAKE AVAILABLE THROUGH THE SERVICES, YOUR USE OF THE SERVICES, YOUR ATHLETIC ACTIVITIES WHICH GENERATE THE CONTENT YOU POST OR SEEK TO POST ON THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ATHLETIC ACTIVITIES IN CONNECTION WITH ANY CONTESTS, RACES, GROUP RIDES, OR OTHER EVENTS WHICH JUPITER BIKE SPONSORS, ORGANIZES, PARTICIPATES IN, OR WHOSE SERVICES ARE USED IN CONNECTION WITH), YOUR CONNECTION TO THE SERVICES, YOUR VIOLATION OF THE TERMS, YOUR VIOLATION OF ANY DATA PROTECTION OR PRIVACY LAWS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PERSON OR ENTITY. YOUR RIGHTS WITH RESPECT TO JUPITER BIKE ARE NOT MODIFIED BY THE FOREGOING INDEMNIFICATION IF THE LAWS OF YOUR COUNTRY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT.
13. Third Parties
Third party products and services made available on our Sites and Apps are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with JUPITER BIKE. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services.
YOU AGREE THAT JUPITER BIKE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES. YOU ACKNOWLEDGE AND AGREE THAT JUPITER BIKE IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES, SERVICES, PRODUCTS OR RESOURCES.
14. Dispute Resolution
PLEASE READ THIS FOLLOWING CLAUSE CAREFULLY–IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Initial Dispute Resolution. We are available by email at [email protected] to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Agreement to Binding Arbitration. Except for disputes relating to the Jupiter Bike's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you opt out of this agreement to arbitrate, all claims arising out of or relating to these Terms of Service (including their formation, performance and breach), the parties' relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS and conducted under The Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes ("JAMS Rules") then in effect at the time of the dispute. You may obtain copies of the JAMS Rules and forms and instructions for initiating arbitration by visiting the JAMS website at www.jamsadr.us. If for any reason JAMS is unavailable, the parties shall mutually select another arbitration forum.
The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. The arbitrator's award shall be 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, Jupiter Bike will pay the additional cost. You and Jupiter Bike hereby expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if JUPITER BIKE is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act.
WAIVER OF JURY TRIAL. THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, YOU AND WE WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. YOU AND WE FURTHER UNDERSTAND THAT THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
WAIVER OF CLASS ACTIONS. 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. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS-ACTION WAIVER SET FORTH IN THIS SECTION 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.
Exception—Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
Thirty-Day 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 in this section by sending written notice of your decision to opt out to the following address: JUPITER BIKE, Inc., Attn: Legal Department, 1950B S. Grove Avenue, Ontario, CA 91761, USA. The notice must be sent within 30 days of registering to use the Services; otherwise, you shall be bound to arbitrate disputes in accordance with these Terms. If you opt out of these arbitration provisions, JUPITER BIKE also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, JUPITER BIKE may terminate your use of the Services.
Time Limitation on Claims. You agree that any claim you may have arising out of or related to your relationship with JUPITER BIKE and these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred. This provision does not apply if you are based in the European Union in which case time limitations shall be determined in accordance with governing law for EU users mentioned below.
15. Choice of Law and Forum
Any action related to the Terms, Content, the Services, and your relationship with JUPITER BIKE shall be governed by, and construed and interpreted in accordance with, the laws of the State of California without regard to its conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
Subject to the Section entitled "Dispute Resolution", the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts in Ontario, California and you consent to the exclusive jurisdiction of the federal or state courts in Ontario, California. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This paragraph does not apply to users who reside in the European Union.
16. Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the Services is Jupiter Bike, 5600 Airport Blvd Ste C, Tampa, FL 33634. To file a complaint regarding the Services or to receive further information regarding use of the Site, send a letter to the above address or contact us via e-mail at [email protected] (with "California Resident Request" as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
17. Notice to New Jersey Residents
If you are a consumer residing in New Jersey, solely to the extent that your rights as a consumer residing in New Jersey render them unenforceable under New Jersey law, the following provisions of this Agreement do not apply to you and do not limit any rights that you may have: (a) Disclaimer of Warranty; (b) Disclaimer of Damages; (c) Limitation of Liability and Exclusive Remedy; (d) Disputes, the Arbitration and Class Action Waiver, (e) Indemnification; and (f) the Governing Law and Rules provisions.
18. International Users; Operations in the U.S. and Canada
The Services are controlled by Jupiter Bike from its offices within the United States of America. Likewise, our Sites and/or Services are only offered in the United States and Canada. As such, each claim or statement about our Sites and/or Services, and products, is expressly limited to the United States and Canada, unless otherwise disclosed.
WE DO NOT REPRESENT OR WARRANT THAT ANY OF OUR SERVICES, INCLUDING OUR SITES AND MOBILE APPS OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES.
FOR RESIDENTS OF CANADA. THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU, AND SUPERSEDE CONFLICTING TERMS IN THE AGREEMENT, IF YOU ARE A RESIDENT OF THE NAMED JURISDICTION OR TO THE EXTENT REQUIRED BY APPLICABLE LAW:
Documents in English Only: L'acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.
Quebec Customers: For Quebecois customers (or customers from other Canadian provinces where applicable) we will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer's right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer's obligations or a reduction in our obligations.
Dispute Resolution: If and only if any one of the following provisions are unenforceable under the laws of your Canadian province of residence, such provision of this Agreement (and that provision alone) will not apply to you: (a) Disclaimer of Warranty; (b) Disclaimer of Damages; (c) Limitation of Liability; (d) Disputes, Arbitration and Class Action Waiver, (e) Indemnification; and (f) the Governing Law and Rules provisions.
Cancellation Rights: Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.
Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to [email protected]. You may also contact us by writing to 5600 Airport Blvd. Ste. C, Tampa, FL 33634.
FOR RESIDENTS OF THE EUROPEAN UNION:
Children: You may not use any Site if you are under the age of 16.
Exceptions to Liability Limitations: Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE EUROPEAN UNION AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO ARBITRATE IN THE AGREEMENT WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
FOR RESIDENTS OF THE UNITED KINGDOM:
Children: You may not use any Site if you are under the age of 16.
Exceptions to Liability Limitations: Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law. ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (OR ANY SUCCESSOR TO THESE ENACTED BY THE UK POST BREXIT). THE AGREEMENT TO ARBITRATE IN THIS AGREEMENT WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
19. DMCA – Copyright Claims of Infringement
The Digital Millennium Copyright Act (the "DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. Jupiter Bike also reviews claims of trademark infringement. If you believe in good faith that materials hosted by Jupiter Bike infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work or trademark claimed to have been infringed (or, if multiple copyrighted works or trademarks located on the Services are covered by a single notification, a representative list of such works);
(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Jupiter Bike to locate the material on the Services;
(d) the name, address, telephone number, and e-mail address (if available) of the complaining party;
(e) 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 or trademark owner, its agent, or the law; and
(f) 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.
Please be advised that Jupiter Bike will not respond to complaints that do not meet these requirements. If Jupiter Bike determines that the materials alleged to infringe your copyright or trademark rights do not require removal, Jupiter Bike will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good-faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located; or, if your address is outside of the United States, for any judicial district in which Jupiter Bike may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).
Notices and counter-notices with respect to the Services must meet the then-current statutory requirements imposed by the DMCA (see https://copyright.gov/title17/92appb.html) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there may be penalties for false claims under the DMCA.
Agent to Receive Notices of Claimed Infringement: Jupiter Bike Bikes, 5600 Airport Blvd Ste. C, Tampa, Florida 33634, USA.
20. U.S. Export Controls
Certain software from the Services may be further subject to United States Export Controls. No such software from this site may be downloaded or exported contrary to any such laws, which may include prohibitions against download or export (1) into (or to a national or resident of) Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using software, you agree to abide by the laws, rules and regulations including, but not limited to the Export Administration Act and the Arms Export Control Act applicable to such download or use and not to transfer, by electronic transmission or otherwise, any content derived from us to either a foreign national or a foreign destination in violation of any such laws.
No Waiver. Jupiter Bike'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.
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 Jupiter Bike intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Jupiter Bike 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. Jupiter Bike 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 Jupiter Bike's successors and assigns. Jupiter Bike shall have the right to assign these Terms, at its sole discretion, without notice to you. You may not assign, transfer or sublicense your rights (if any).
Force Majeure. Neither party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party's reasonable control and not caused by that party's fault, or negligence, including, but not limited to, "acts of God", acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
Entire Agreement. These Terms (including any incorporated terms) constitute the entire agreement between you and Jupiter Bike with respect to the Services. Both you and Jupiter Bike warrant to each other that, in entering this Agreement, neither Jupiter Bike 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 (including any incorporated terms). The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law.
No Third Party Beneficiaries. No one other than you and Jupiter Bike, or Jupiter Bike's successors and assigns, will have any right to enforce these Terms.
Headings Have No Legal Effect. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
22. Contact Us
If you have questions about this Agreement, or if you have technical questions about the operation of our Services, please contact us:
By email: [email protected]
Via our website: https://www.jupiterbike.com/contact-us
By phone: (813) 609-2453
By mail: Jupiter Electric Bikes
5600 Airport Blvd. Ste. C
Tampa, FL 33634, USA