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Free Extra Battery with Ebike Purchase.

Terms of service

TERMS OF SERVICE

Effective Date: May 21, 2021

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

The ebikesUSA websites, including our branded websites at https://www.ebikesUSA-shop.com/, (the “Sites”), related mobile applications (“Apps”), and any other sites or apps that connect to these Terms of Use, and services (collectively, the “Services”) are made available to you by Avant Enterprises, Inc. (herein “ebikesUSA,” “we,” “us,” or “our”), a California corporation located at 1950-B S. Grove Avenue, Ontario, CA 91761, USA.

These Terms of Use (the “Terms” or the “Agreement”) form a binding legal agreement between you and ebikesUSA. If you are located in a jurisdiction outside the European Economic Area, by using our Services, you also accept the ebikesUSA 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.

  • 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.
  • CHANGES TO THE TERMS OF USE. We may change, modify or amend these Terms of Service from time to time. We will notify you of material changes to these Terms of Service by posting the amended terms on the Service before the effective date of the changes. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms of Service take effect. You acknowledge and agree that it is your responsibility to review our Sites and these Terms from time to time to familiarize yourself with any modifications.
  • 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.

 

 

 

 

Electronic Communications

The Services may provide you with the ability to send or post messages to forums or chat rooms, speak via internet voice connections or send similar messages and communications to third party service providers, advertisers, your personal contacts, other members and/or ebikesUSA.

By using communications methods available on the Services, you agree that:

  • all communications methods constitute public, and not private, means of communication between you and the other party or parties;
  • communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by ebikesUSA (unless expressly stated otherwise by ebikesUSA)
  • communications are not routinely pre-reviewed, post-reviewed, screened, archived or otherwise monitored by ebikesUSA in any manner, though ebikesUSA reserves the right to do so at any time at its sole discretion;
  • that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing;
  • you will use communication methods available on the Services only to send communications and materials related to the subject matter for which ebikesUSA provided the communication method;
  • all such communications by you shall be deemed your User Content and shall be subject to and governed by the Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable).

  1. 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 ebikesUSA 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 ebikesUSA is no way responsible for any such financing.

  2. Choice of Law and Forum

    Any action related to the Terms, Content, the Services, and your relationship with ebikesUSA 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.

  3. 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.