352-593-8205. 9904 Little Rd, New Port Richey, Fl 34654

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Terms of Services

Effective Date: AUGUST 17, 2022

Introduction and Overview.  Welcome to E-cycle Adventures. We prepared these Terms of Service to help explain your rights and our rights relating to the provision of our Services.

E-cycle Adventures website, including our branded websites at https://www.ecycleadventures.com

These Terms of Use (the “Terms” or the “Agreement”) form a binding legal agreement between you and E-Cycle Adventures.   If you are in a jurisdiction outside the European Economic Area, by using our Services, you also accept the E-cycle Adventures Privacy Policy, as it is incorporated into and forms part of this binding Agreement.

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 SITES OR APPS, 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 THIS AGREEMENT CAREFULLY—IT AFFECTS YOUR RIGHTS.

1.    Registration and 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.

Affirmative Representations. When you use the Services, you agree: (a) to provide true, accurate, current, and complete information about yourself (“Member Data”) (b) to maintain and promptly update the Member Data; (c) your use of the Services does not violate any applicable law or regulation; and (d) you are of sufficient age or otherwise have legal capacity to legally enter into this Agreement. 

You agree that E-cycle Adventures may use your Member Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any Member Data that is inaccurate or not current, or E-cycle Adventures has reasonable grounds to suspect that such Member Data is inaccurate or not current, E-cycle Adventures has the right to suspend or terminate your account and refuse current or future use of the Services.

Your Responsibilities and Security. You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices.

We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your User Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify E-cycle Adventures of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to Member Data and any other information or content you provide to E-cycle Adventures.

You may register for or log-in to your account via a third-party network, such as Facebook or Google. If you do so, you hereby authorize E-cycle Adventures to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

By virtue of certain of the Services connecting to the Google Maps API, you hereby agree to be bound by the Google Maps/Google Earth Additional Terms of Service.

2.    User Content

User Content. You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“User Content”), whether publicly posted, privately transmitted, or submitted through a third-party API (e.g., a photograph submitted via Instagram). Public segments and routes created by using the Services are not considered User Content. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display any User Content and any name, username, or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you contact us in writing, as described in the “Contact Us” section below, and state that this license is revoked and that we may not use your User Content in new creations or reproductions going forward.

Your Entire Responsibility for Your User Content. You understand that you, and not E-cycle Adventures, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Services. E-cycle Adventures does not proactively and routinely screen or monitor the User Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity, or quality of such User Content. E-cycle adventures may, in its sole discretion, screen, monitor, refuse or remove any User Content, or remove any User Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent, or objectionable. Under no circumstances will E-cycle Adventures be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred because of the use of any User Content made available on the Services. You agree to bear all risks associated with the use of any User Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such User Content. You agree that E-cycle Adventures is not responsible for, and does not endorse, User Content posted on the Services. If your User Content violates these Terms, you may bear legal responsibility for that User Content. As between you and E-cycle Adventures, any User Content will be non-confidential and non-proprietary, and we will not be liable for any use or disclosure of Content.

Privacy of Your User Content Determined by Your Settings. The Services may provide you with the ability to mark certain User Content that you submit to the Services as private, public, or available only to select users of the Services. E-cycle Adventures will maintain the privacy of such User Content in accordance with your elections. However, if you do not elect to mark your User Content as private or available for a limited group of members, or later change such designation to allow such Content to be made available to anyone, you are responsible for the public nature of the content. Please review the Privacy Policy on the respective E-cycle Adventures Site for more information on how to manage your privacy controls.

Permission to Use Your Profile Name, Likeness. You give us permission to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third-party products, services, or devices, in ads, offers and other commercial contexts on the E-cycle Adventures service without compensation to you. For example, we may show your E-cycle Adventures followers that you use a certain device, product, or service available from a brand that has paid us to display its ads on E-cycle Adventures. You may adjust settings to prevent your profile name and profile photo from appearing in an ad.

3.    Conduct

We expect you to honor the E-cycle Adventures Community Standards. The Sites and Services are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content. You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:

You understand that use of certain features of the Services may require you to purchase third party equipment or materials (e.g., GPS systems). While E-cycle Adventures may recommend the equipment or materials of certain third-party suppliers, E-cycle Adventures shall have no responsibility for your acquisition or use of any third-party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.

You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Services.

You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the User Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your User Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of  User Content you post on or through the Services.

4.    Proprietary Rights

Copyright Notice. This copyright notice applies to the entirety of the Services. All content on the Services is the sole property of E-cycle Adventures and is protected under U.S. and international copyright laws.  E-cycle Adventures reserves all rights to the content contained herein. The content of this website or any Internet site owned, operated, licensed, or controlled by E-cycle Adventures 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 E-cycle Adventures.   The use of any E-cycle Adventures 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.

Non-User Content is the Property of E-cycle Adventures. All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs, and other content appearing in or on the Sites (the “Content”) are 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 of each Site, copyrighted, and protected as a collective work. All intellectual property rights associated with the Sites 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.

Your Limited License in the Sites and E-cycle Adventures Content. Subject to your compliance with this Agreement, we grant you a limited license to access and use our Sites and their Content for personal, informational, and shopping purposes. No Content from the Sites may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content or software made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with this Agreement and retain the same solely for as long as you continue to be permitted to access the Services. To use Content under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact, (2) use such Content pursuant to any licenses associated with such Content, (3) not copy or post such Content on any networked computer or broadcast it in any media, (4) make no modifications to any such Content, and (5) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Sites or the Content.

Your Feedback. We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to E-cycle Adventures a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display, and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send E-cycle Adventures any Feedback that you do not wish to license to us as set forth above.

 

5.    Gift Cards

Purchasing and Using a Gift Card. On some Services, you may purchase and/or otherwise receive a gift cards or gift certificates, including electronic versions of both (“Gift Cards”), through the Services. Gift Cards may be redeemed in our brick-and-mortar stores or on the Services. For use of Gift Cards online, redemption will result in the application of a credit to your Account in the amount of the Gift Card balance. Any Gift Card balance will be applied toward your purchase of until the Gift Card is depleted. 

Not Redeemable for Cash. Gift Cards are not redeemable for cash.

Lost or Stolen Gift Cards. We are not responsible for lost or stolen Gift Cards. Lost or stolen Gift Cards cannot be replaced (except as required by law). All sales of Gift Cards are final and nonrefundable. We reserve the right to refuse to honor a Gift Card where we suspect that the Gift Card was obtained fraudulently. If you suspect someone has copied or stolen your Gift Card, please contact us immediately.

6.    Promos and Discounts; Loyalty or Rewards Program

Promos 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.

Loyalty or Rewards Program. Some of our Sites may also offer a Loyalty or Rewards Program (“Rewards Program”). If you elect to opt-in to our Rewards Program this section applies to you, as do any terms in this Agreement corresponding to the Rewards Program. 

Eligibility and Suspension. Our Rewards Program is only open to legal residents of the United States who are at least sixteen (16) years old at the time of entry. Rewards Programs are void where prohibited. Corporations or other entities or organizations of any kind are not eligible to participate in Rewards Programs. You may only participate in a Rewards Program using one Account. We reserve the right to suspend, modify, or discontinue the eligibility of any person who uses or is suspected of using a Rewards Program in a manner inconsistent with this Agreement or any federal or state laws, statutes, or ordinances. In addition to suspension or discontinuance of eligibility, we have the right to take appropriate administrative and/or legal action against such persons. It is your responsibility to ensure any rewards or benefits you earn under a Rewards Program are accrued correctly. 

Termination of Rewards Program. The Rewards Programs continue until we terminate them, which we may do at any time, with or without notice to you. Upon discontinuation of any Rewards Program, you may lose all benefits under that Rewards Program, including those yet to be redeemed. We also reserve the right to suspend or modify any Rewards Program, at our discretion, at any time. By continuing to participate in the Rewards Program, you accept our modifications. We will make reasonable efforts to provide you notice of changes to the prior to implementation

Disputes and Disclaimer. All questions or disputes regarding eligibility for a Rewards Program, your compliance with this Agreement, accrual of rewards or benefits, or anything else related to a Rewards Program, 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 a Rewards Program are final. The Rewards Program is subject to all applicable laws and regulations. 

WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND IN CONNECTION WITH ANY REWARDS PROGRAM, WHICH ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

7.    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 E-cycle Adventures 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.

Battery and Range. Please note that there are many factors that contribute to the actual, real-world range of an e-bike 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 e-bike 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 e-bike following your purchase which affect the safety, operation, or mechanics of the e-bike shall void any applicable product warranty and shall be at your sole risk of harm.

Financing. For qualified purchasers, e-bikes may be financed through our consumer financing partners. The necessary qualifications for financing an e-bike 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 e-bike purchase, and you hereby acknowledge that E-cycle Adventures is no way responsible for any such financing.

8.    Cancellations

Cancellation of Orders.  You may cancel an order by contacting us via email or telephone, per the “Contact Us” section below.  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 an order you placed on the Sites. 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 Return Policy in Section 11 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 Affirm) 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. 

9.    Shipping

Current shipping times: In-Stock Accessories & Components: 7-10 business days.

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 E-cycle Adventures normal shipping process, E-cycle Adventures cannot provide ANY additional shipping information or documentation.

Shipping Costs and Lithium-Ion Batteries. We are pleased to offer completely free shipping on purchases of $100 or more 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 e-bikes, or e-bike batteries, outside of the 48 continental United States.

Addresses to Which We Ship. We ship to addresses in the 48 continental U.S. states. 

Note: We DO NOT ship e-bikes. If you purchase an e-bike from us on-line, you must physically come into our store or arrange local delivery (FEE $30-$100) to pick up bike. The reason for this is that we signed contracts as bike dealers to assemble ALL bikes for purchase. No bike will be sold “in the box” to anyone. 

Shipping Carriers.  E-cycle Adventures ships using FedEx, UPS, 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 $25 per order 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 $25.

10.    Notice for International Customers

Information for International Customers.  We do not offer shipping to some countries outside the United States, with acceptance of such being made in E-cycle Adventures sole discretion. 

USD.  We process all transactions in USA dollars (USD). Your card issuer will convert currency at the prevailing exchange rate. Many credit/debit card issuers charge a fee or percentage for transactions not in your native currency. Any such fees are the customer's responsibility.

11.    Return Policy; Restocking Fees

Returns, Refunds and Restocking Fees.  E-cycle Adventures 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 sold by E-cycle Adventures.

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 19.  We will notify you at the email address on file when we process your return. No return material authorizations or permission numbers are 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).  E-cycle Adventures does not accept shipments sent cash on delivery (COD).

In Store Returns.  We do accept in-store returns to our brick-and-mortar store located at 9904 Little Road, New Port Richey Florida if purchased on our website, with original receipt. 

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 $25 per order 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 $25.

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.

12.    Our 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 E-cycle Adventures 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 E-cycle Adventures sole discretion and that E-cycle Adventures 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.”

13.    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. E-CYCLE ADVENTURES 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. E-CYCLE ADVENTURES 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 E-CYCLE ADVENTURES 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 E-CYCLE ADVENTURES.

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 E-CYCLE ADVENTURES OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.

NO RESPONSIBILITY FOR CHALLENGES, CONTESTS. YOU EXPRESSLY AGREE THAT E-CYCLE ADVENTURES 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 E-CYCLE ADVENTURES, 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 E-CYCLE ADVENTURES WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS (INCLUDING, WITHOUT LIMITATION, ANY E-CYCLE ADVENTURES 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 E-CYCLE ADVENTURES (INCLUDING, WITHOUT LIMITATION, ANY E-CYCLE ADVENTURES 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 AVENTON 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.”

AVENTON 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 AVENTON IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.

14.    Indemnity

YOU AGREE TO INDEMNIFY AND HOLD AVENTON 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 AVENTON 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 AVENTON 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.

15.    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 E-cycle Adventures. 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 AVENTON 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 AVENTON IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES, SERVICES, PRODUCTS OR RESOURCES.

16.    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 E-cycle Adventures 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, E-cycle Adventures will pay the additional cost. You and E-cycle Adventures 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 E-cycle Adventures 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.

 

 

17.    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. E-cycle Adventures also reviews claims of trademark infringement. If you believe in good faith that materials hosted by E-cycle Adventures 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 E-cycle Adventures 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 E-cycle Adventures will not respond to complaints that do not meet these requirements. If E-cycle Adventures determines that the materials alleged to infringe your copyright or trademark rights do not require removal, E-cycle Adventures will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

18.    General

No Waiver.  E-cycle Adventures 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 E-cycle Adventures intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and E-cycle Adventures 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. E-cycle Adventures 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 E-cycle Adventures successors and assigns. E-cycle Adventures 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 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 E-cycle Adventures with respect to the Services. Both you and E-cycle Adventures warrant to each other that, in entering this Agreement, neither E-cycle Adventures 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 E-cycle Adventures, or E-cycle Adventures’ 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.

19.    Contact Us

If you have questions about this Agreement, or if you have technical questions about the operation of our Services, please contact us:

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