Terms of Service
Last updated August 2022
These ridelybikes Terms of Service (the “Terms“) are a legal agreement between you and Nueseva Commerce, LLC, a Wyoming corporation and the parent company of ridelybikes, and its affiliated companies (collectively, “ridelybikes,” “we,” “us,” or “our”). These terms govern your access to and use of websites and applications owned or operated by ridelybikes, and, all products and services provided through ridelybikes (collectively the “Services”).
References to “you,” “your,” the “user,” the “customer” and their plural versions mean any person or legal entity that accesses or uses the Services. Please read these Terms carefully as they list your obligations and rights and include a requirement that all disputes that you may have under these Terms be taken to arbitration, instead of a jury trial or class action.
Please read these terms carefully. By accessing or using the services you agree to be bound by these terms, along with our shipping policy, refund policy, cancellation policy, and express limited warranties policy, all of which are incorporate by reference. if you access or use the services 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, and the term “you” and its companion terms listed above include that company, organization, or entity. If you are not authorized to or do not agree to these terms, do not access or use the services.
You represent and warrant that you are at least eighteen (18) 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 Services unless expressly authorized by your parent or legal guardian. If ridelybikes discovers or has any reason to suspect that you are not at least the Minimum Age or otherwise permitted to access the Services, ridelybikes may suspend or terminate your access to the Services immediately and without notice.
- Additional Terms
Prior to access and use of certain aspects of the Services (including when you purchase a ridelybikes 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. In the event of a conflict between these Terms and any Additional Terms, the Additional Terms will govern.
- Proprietary Rights & License
All of ridelybikes’ branding, logos, trademarks or registered trademarks, service marks, product or company names in the United States and/or other countries, are the property of Nueseva Commerce, LLC. Other logos, trademarks, services marks, product, or company names mentioned herein or otherwise existing are the property of their respective owners.
All images, illustrations, designs, photographs, video clips, text, icons, research, insights, portfolios, reports, written information and other materials that appear on our website, all other applications, and the Services offered by ridelybikes (collectively, the “Content”) are subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by Nueseva Commerce, LLC. Your use of the Content, trademarks, service marks, trade dress and copyrighted materials displayed on or through the Services, other than as provided in the Terms or any Additional 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 or Additional Terms, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, create derivative works from, or otherwise exploit the Content. Nueseva Commerce, LLC and its affiliates and licensors reserve complete title and full intellectual property rights in any Content you download from the Services, 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.
- Account Registration
In order to access certain features of the Services, you may be provided with or required to register for a user account (“Account”). Certain Accounts will require internal approval from ridelybikes, and ridelybikes 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 Services as intended requires you to provide ridelybikes with current, complete, and accurate information. You must keep your log-in information confidential and not authorize any third party to use it or access your Account. You agree that you will keep your Account information up to date so that it is complete and accurate. Ridelybikes 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 ridelybikes 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 of the features of the Services. You agree not to attempt to access any restricted Site features of the Services.
- Content Use
Accessing the Services does not authorize you to use any name, logo, trademark or service mark in any manner. We only grant you permission to display, download, and print in hard copy format Content as an internal or personal business resource. You do not have permission to 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 ridelybikes or the applicable owner. Specifically, you may not:
(i) Modify copies of any Content;
(ii) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
(iii) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Content;
(iv) Access to or use any part of the Content or any services or materials available through the Services for purposes other than those granted by these Terms or under Additional Terms.
Ridelybikes may grant third parties the right to link another website to or through the Services by way of a URL linking mechanism supplied by ridelybikes. Any request for such limited right must be made to ridelybikes in writing. Any alteration, change, modification, adjustment or revision to the linking mechanism must be approved by ridelybikes in writing prior to implementation. The permissions described above will terminate automatically if you breach any of these Terms or Additional Terms. Any other use of the Content on our Services including reproduction for purposes other than as granted to you, and including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written permission of ridelybikes, is strictly prohibited.
Our website and other technical components of the Services are protected by technical and organizational security mechanisms. If you violate or attempt to violate any of the security protections employed by ridelybikes, through the Services or otherwise, you may face civil or criminal liability. We will 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, or Additional Terms.
- User Content
Ridelybikes 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, or otherwise submitted through the Services by users (“User Content”). You acknowledge, represent, and agree that all User Content submitted through your Account (“Your Content”) is submitted voluntarily and is not confidential or proprietary, and that ridelybikes will not, and is not required in any way to, treat it as such. You grant to ridelybikes 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, license, publish, translate, offer to sell, and sell, rent, lease or lend copies of Your Content (and derivative works thereof), and to publish your name and other information about you in connection with Your Content. Ridelybikes is under no obligation to post User Content on through the Services and may, in its discretion, edit, block, refuse to post, or remove any User Content (including Your Content) at any time. You represent and warrant that you have the rights necessary to grant the rights in this Section and that Your Content does not:
(i) infringe the rights of ridelybikes or any third party;
(ii) violate any agreement with ridelybikes or any third party;
(iii) violate any applicable law or regulation;
(iv) contain any Content that is fraudulent, untrue, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, harmful or otherwise objectionable as determined in ridelybikes’ sole discretion; and
(v) cause any damage to ridelybikes’ business, reputation, employees, members, or facilities.
If ridelybikes suspects violations of the foregoing, ridelybikes may institute legal action and cooperate with law enforcement authorities capable of bringing legal proceedings against violators. You are solely responsible for Your Content and any other User Content you provide to ridelybikes or make available through the Services.
- Customer Compliance with All Laws
You understand that ridelybikes sells products which become yours as a customer to use. In this this regard, you represent, warrant, and accept responsibility for becoming familiar with all federal, state, and local laws, rules and regulations pertaining to the purchase and use of our products, before you use our products, including but not limited to Ebikes, and including but not limited to such laws relate to motor power/wattage, plating/labeling, speed and other roadway regulations, to the extent applicable.
- Support and Availability
Ridelybikes aims to provide its Services in accordance with these Terms, but has no obligation to provide support in relation to the Services, Content, your Account, or User Content. Ridelybikes does not guarantee availability of the Services, Content, your Account, or User Content and your access is permitted only if and when these are available. The Services may be unavailable due to service, upgrades, maintenance, or other reasons. To the maximum extent authorized under applicable law, ridelybikes reserves the right to discontinue your access to the Services, your Account, or any Content provided or made available to you through use of the Services at any time without notice to you. If you would like to request support related to the Services, please contact us through our “Contact Us” page.
- Changes to These Terms
Ridelybikes reserves the right to change these Terms at any time. Ridelybikes will give you notice of any changes by making the updated Terms available through the Services, 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 Services immediately. Your continued use of the Services after the effective date will constitute your acceptance of the updated Terms.
- Third-Party Websites and Links
- Third-Party Products and Services
You may need to use or obtain additional products or services in order to use the Services, 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. Ridelybikes does not endorse, sponsor, or have control over any third-party products or services, and we will not be responsible for any third-party products or services.
You may terminate these Terms as they relate to you at any time. However, ridelybikes is under no obligation to issue a refund for any prepaid fees paid by you, if applicable. Ridelybikes reserves the right to terminate these Terms, and/or suspend or terminate the Services at any time with or without prior notice. Any rights or obligations contained herein, and intended by their nature to survive termination, shall remain in effect after such termination.
- Disclaimer of All Warranties Other Than Express Limited Warranties
To the maximum extent permitted by applicable law, and to the extent not specifically excluded by our express limited warranties policy, the services are provided “as is,” “with all faults,” and “as available” and the entire risk of use and performance remains with you. Ridelybikes and its suppliers, and licensors do not make any representations, warranties, or conditions, express, implied, or statutory, and hereby disclaim any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, quiet enjoyment, or non-infringement.
In particular, ridelybikes, its affiliates, suppliers, and licensors make no warranty:
(i) that the services will meet your requirements or be available or provided on an uninterrupted, timely, secure, or error-free basis;
(ii) that any information or content obtained through the services will be accurate, complete, or reliable; or
(iii) that any defects or errors in, on, or related in any way to the services will be corrected. The services, and content and user content you download or obtain through the services is accessed at your own risk, and you will be solely responsible for any damage or loss that results therefrom.
- Disclaimer of Certain Damages
To the maximum extent permitted by applicable law, in no event will ridelybikes or any supplier, or licensor be liable for any consequential, special, incidental, indirect, or punitive damages; for loss of profits, business, goodwill, anticipated savings, or use; loss or corruption of data, confidential information, or other information; business interruption; personal injury; property damage; loss of privacy; failure to meet any duty of good faith or reasonable care; negligence; and any other pecuniary or other loss whatsoever, arising out of, based on, resulting from, or in any way related to these terms, the services content, or user content, even if ridelybikes or any supplier, or licensor has been advised of the possibility of such damages.
- Limitation of Liability and Exclusive Remedy
To the maximum extent permitted by applicable law, and to the extent not specifically excluded by our express limited warranties policy or otherwise disclaimed in this agreement, ridelybikes and its suppliers’ and licensors’ maximum, aggregate liability to you, and your exclusive remedy under these terms for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from, or in any way related to these terms, the services, content, or user content, will be to recover the actual damages you incur based upon reasonable reliance on the services up to $100.00 usd. The existence of multiple claims or suits under or related to these terms, the services, content, or user content will not enlarge or extend the limitation of money damages which will be your sole and exclusive remedy.
- Dispute Resolution and Binding Arbitration
This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, and the right to engage in discovery except as provided in the american arbitration association’s comprehensive arbitration rules. You and ridelybikes agree to resolve any disputes between us exclusively and finally by binding arbitration on an individual basis, which means you and ridelybikes waive any right to litigate disputes in a court or before a jury, or as part of a class action, a representative action, a consolidated action or in a private attorney general capacity.
(i) This arbitration requirement applies to any claim or dispute of any kind (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, common law, or equitable) between you and ridelybikes, its affiliates, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase that relates in any way to your purchase of products, these Terms, or ridelybikes’ marketing or advertising (“Claims”).
(ii) Ridelybikes will pay the arbitration/arbitrator fees.
(iii) Arbitration shall be administered by the American Arbitration Association (AAA), subject to its Consumer Arbitration Rules, available at adr.org. Discovery shall be permitted in arbitration subject to AAA Consumer Arbitration Rules. The arbitrator shall have exclusive authority to resolve any arbitrability issues including any dispute over these Terms or this arbitration provision’s scope, application, meaning, and enforceability. The arbitrator shall be empowered to grant whatever relief would be available in court. Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
(iv) Claims may not be arbitrated on a class or representative basis. You and ridelybikes agree to arbitration only on an individual basis. Neither you nor ridelybikes may join or consolidate claims of others or participate in any claim as a class representative or a class member. If any portion of this arbitration agreement is found unenforceable, the unenforceable portion shall be severed, and the remaining arbitration terms shall be enforced (but in no event will there be a class arbitration). This paragraph controls over any inconsistent term in any other agreement.
(v) You and ridelybikes agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
(vi) The arbitration discussed herein shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
You agree to defend, indemnify, and hold ridelybikes and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will keep them indemnified from any third-party claim or demand, including reasonable attorneys’ fees, relating to or arising from:
(i) Your User Content or your use of the Services;
(ii) Any violation by you of these Terms; or
(iii) Your violation of any another party’s rights or applicable law.
Ridelybikes 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 ridelybikes in asserting any available defenses.
- Governing Law and Venue
These Terms will be governed by and construed in accordance with the laws of the State of Wyoming, United States, without reference to its conflict-of-laws provisions. You agree to submit to the exclusive jurisdiction and venue in the state and federal courts located in Wyoming for any and all disputes, claims, and actions arising from or in connection with the Services or these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.
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.” Ridelybikes’ 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 ridelybikes if it is in a written document signed by ridelybikes. 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 ridelybikes intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and ridelybikes 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. Ridelybikes 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 ridelybikes’ successors and assigns. Ridelybikes 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). These Terms (including any incorporated terms) and any Additional Terms constitute the entire agreement between you and ridelybikes with respect to the Services. Both you and ridelybikes warrant to each other that, in entering into these Terms, neither ridelybikes 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) and any Additional 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 ridelybikes, or ridelybikes’ successors and assigns, will have any right to enforce these Terms.
- Notices and Contact Information
Ridelybikes will provide all notices (including legal process) that ridelybikes is required to give by any lawful method, including by making notice available through the Services or by sending it to any e-mail or mailing address that you provide to ridelybikes. You acknowledge that if you do not provide ridelybikes with current and accurate contact information, ridelybikes may not be able to contact you. You agree to send ridelybikes notice by contacting us through our “Contact Us” page.
- Notices of Claims of Copyright Violations and Agent for Notice
If you are a copyright owner and have a good faith belief that any material available on the Services infringes upon your copyrights, you may submit a copyright infringement notification to ridelybikes pursuant to the Digital Millennium Copyright Act (DCMA) by providing ridelybikes with the following information in writing:
(i) An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
(ii) A description of the copyrighted work that you claim has been infringed;
(iii) A description of where the material you claim is infringing is located on the Services, with enough detail that ridelybikes may find it;
(iv) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(v) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Ridelybikes’ agent for notice of claims of copyright infringement can be reached as follows:
1603 Capitol Avenue, Suite 413-A, 214 Cheyenne, Wyoming 82001, ATTN: Legal Department; or
Through our “Contact Us” page.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters may not receive a response through this process. Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material infringes your copyright, you should contact an attorney prior to sending notice.
- Please Read Our Other Policies
Please read our Express Limited Warranties Policy, Shipping Policy, Return Policy and Cancellation Policy, all of which are incorporated by reference into these Terms of Service, and all of which are subject to these Terms of Service.