This Agreement was last modified on January 18, 2019.
Outline of the Different Terms on Our Site
Purchase and Limited Warranty Terms and Conditions. Our Purchase and Limited Warranty Terms and Conditions are made available to you so that you can review those terms and understand them before making a purchase. When making a purchase, we will ask you to confirm that you agree to the Purchase and Limited Warranty Terms and Conditions, and you have another opportunity to review them at that time. Our Purchase and Limited Warranty Terms and Conditions generally apply to your purchases.
BY ACCESSING THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. IF ACCESSING THE SITE ON BEHALF OF AN ORGANIZATION OR ENTITY, , YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
As used in this Agreement, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and/or advertisers.
Unless otherwise noted, all references to monetary amounts or currency is in United States Dollars.
This Agreement outlines the rules concerning your use of our Site. PLEASE READ THE AGREEMENT CAREFULLY AS IT AFFECTS YOUR RIGHTS, INCLUDING HAVING A SUBSTANTIAL IMPACT ON HOW CLAIMS THAT YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING WAIVER OF JURY TRIAL, MANDATORY ARBITRATION, AND WAIVER OF CLASS ACTION.
Dispute Resolution, Binding Arbitration and Class Action Waiver
THIS SECTION HAS A SIGNIFICANT IMPACT ON YOUR RIGHTS, ESPECIALLY WHEN IT COMES TO HOW DISPUTES BETWEEN YOU AND US GET RESOLVED. PLEASE READ THIS SECTION CAREFULLY.
YOU AND RETROWHEELS USA, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THE SITE WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
Governing Law & Venue
Mandatory Arbitration; Small Claims Exception
Any and all Claims will be resolved by binding arbitration, rather than in court, except that you may assert a Claim on an individual basis in small claims court if the Claim is for $5,000 or less, excluding costs, interest, and attorneys’ fees.
Arbitration is less formal than a court proceeding. It is presided over by a neutral arbitrator instead of a judge. An arbitrator can award on an individual basis the same damages and relief as a court, and the arbitrator should apply these Terms as a court would. An arbitration decision may be confirmed by any court with competent jurisdiction. Court review of the arbitration decision is limited.
Arbitration shall be conducted by the American Arbitration Association (“AAA”) using its AAA Consumer Rules by an arbitrator knowledgeable in web-based and e-commerce disputes. Except as provided herein, the Rules will govern payment of all filing, administration and arbitrator fees. If your total Claim seeks $5,000.00 or less, we will reimburse you for half the amount of the filing fees you pay to the AAA and we will pay half of the arbitrator’s fees. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location. We may attend the arbitration by phone, videoconference, or other remote method.
Initiating Arbitration of Claim
To begin an arbitration proceeding, you must send a letter requesting arbitration using the instructions in Contact Us section below and including ATTN: Retrowheels Legal – Arbitration.
If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
Unless otherwise prohibited by applicable law, and except for New Jersey residents, any Claim must be filed within two (2) years from the date on which such Claim arose or accrued. All claims you bring against us must be resolved in accordance with this Dispute Resolution section. All claims filed or brought that are not in accordance with to this section shall be considered improperly filed. Should a claim be filed by either you or us in manner that is not in accordance with this section, the other party may seek to recover attorneys' fees and costs up to $5,000.00, provided that the other party has been notified in writing of the improperly filed claim, received fourteen days to withdraw such claim, and fails to do so.
WAIVER OF CLASS RIGHT & JURY RIGHT
ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. NEITHER YOU NOR RETROWHEELS USA, LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
Changes to this Agreement
Please review this Agreement periodically for changes. By accessing or using this Site, you signify your acceptance of this Agreement and agree to be bound by all of its terms and conditions. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
Incorporations by Reference
You understand and agree that this Agreement represents the primary terms and conditions governing your use of the Site.. However, we have provided additional guidelines, rules and policies for such use. Those documents are hereby incorporated by reference into this Agreement and found here:
Use of the Site
As a condition of your use of this Site, you represent and warrant the following:
(a) You are at least 18 years old;
(b) You possess the legal ability and authority to create a binding legal obligation;
(d) You will only use this Site to make legitimate purchases for you and/or another person(s) for whom you are legally authorized to act;
(f) All information supplied by you on this Site is true, accurate, current, and complete;
(g) You are wholly responsible for any activities conducted through your account; and
(h) You shall not interfere with anyone else's use and enjoyment of the Site or other similar services.
Users who violate systems or network security may incur criminal or civil liability. You agree that we may at any time, and at our sole discretion, terminate your access to the Site without prior notice to you for violating any of the provisions set forth in this Agreement. In addition, to the extent that we are legally advised to do so, you acknowledge that we will cooperate with investigations of violations of systems or network security, including cooperating with law enforcement authorities in investigating suspected criminal violations.
We may terminate your access to the Site and/or products and services, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Prohibited Uses of the Site
· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
· To send, knowingly receive, upload, download, use, or re-use any material that does not comply with this Agreement.
· To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
· To impersonate or attempt to impersonate the Operator, an Affiliate, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site or which, as determined by us, may harm the Operator or users of the Site or expose them to liability.
Additionally, you agree not to:
· Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
· Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
· Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of the Site.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
· Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Site.
We have the right to:
· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
· Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE OPERATOR AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE OPERATOR OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE OPERATOR/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot/do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Pricing, Shipping and Returns
All purchases through the Site or otherwise are governed by our Purchase and Limited Warranty Terms and Conditions https://store.retrowheelsusa.com/product-sale-terms-and-conditions/.
The Site and its original content, features and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Operator and/or its Affiliates or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
The Site currently does not permit user-generated content.
Disclaimer of Warranties
ALL CONTENT, INCLUDING SOFTWARE, SERVICES, INFORMATION, TEXT, AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. THE OPERATOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATOR DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD-PARTIES. THE OPERATOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE OPERATOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
THE OPERATOR IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF PRODUCTS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
General Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE OPERATOR INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS, OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS PRODUCTS AND SERVICES (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO (OR WHERE RELEVANT, CAUSED BY):
(a) LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, LOSS OF CLAIM, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES;
(b) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, DELAY, PERFORMANCE OR NON-PERFORMANCE OF THE SITE;
(c) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS;
(d) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE, INCLUDING SERVICES RENDERED OR PRODUCTS OFFERED;
(e) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, INCLUDING BUT NOT LIMITED TO THE (DESCRIPTIVE OR OTHERWISE) INFORMATION SUCH AS PRICES AND AVAILABILITY OF PRODUCTS OR SERVICES AS MADE AVAILABLE ON THE SITE, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE;
(f) ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE OR SERVICES;
(g) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SITE OR ANY WEBSITE TO WHICH IT PROVIDES HYPERLINKS;
(h) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY USE, DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE; OR
(i) ANY DAMAGES CAUSED BY A FORCE MAJEURE EVENT.
THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Notice of Infringing Material
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
A clear identification of the copyrighted work you claim was infringed.
A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.
Your address, email address and telephone number.
A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send us your notice by email to firstname.lastname@example.org with subject line reading “IP/Trademark Infringement – [name of person or entity making claim]” or by writing to our mailing address with ATTN: Legal – IP/Trademark.”
If you use the Site for or on behalf of a third-party ("Third-party"), such as a family member or friend, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all applicable terms and conditions. Each customer using the Site for or on behalf of a Third-party agrees to indemnify and hold the Operator harmless from and against any and all liabilities, losses, damages, suits, and claims (including the costs of defense) relating to the Third-party's or the user's failure to fulfill any of its obligations as described in this Agreement.
Force Majeure – We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Links from the Website – If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Local Law – EACH STATE REGULATES ELECTRIC BIKES DIFFERENTLY. PLEASE CHECK YOUR LOCAL AND STATE LAWS AND HOW THEY REGULATE ELECTRIC BIKES. You are at all times bound by the local laws and regulations. Things which are legal in certain states may be illegal in others. The Operating of the Site is based in the state of Florida in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
California Residents – The Department of Consumer Affairs for the State of California may be contacted at: www.dca.ca.gov/consumers/index.shtml.
This website is operated by RETROWHEELS USA, LLC.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:
RETROWHEELS USA, LLC
320 Holt Avenue
Winter Park, FL 32789