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 * eBIKES
   
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EBIKES

Model
Category
All eBikes

NEW: XPedition 2.0

XP 3.0

XPress

NEW: XPeak 2.0

XP Lite 2.0

XP Trike

Lectric ONE

Commute

Cruiser

Off Road

Cargo

Trike

Folding

Step-Through

Fat Tire

Lightweight

Deals on eBikes →

Compare eBike Models →


ACCESSORIES

by Category
by Model
All Accessories

Holiday Sale

eBike Upgrades

Upgraded Seating

Baskets & Cargo

Helmets

Vehicle Racks

Batteries & Parts

Merchandise

XP 3.0 Accessories

XP Step-Thru 3.0 Accessories

XP Lite Accessories

XPeak Accessories

XPress Accessories

XPedition Accessories

XP Trike Accessories

Lectric ONE Accessories

Save 30% on Batteries →

Shop Gift Guide →


HOLIDAY SALE


GIFT GUIDE


REVIEWS


COMPARE


DISCOVER

 * Best Sellers
 * eBike Quiz
 * Livin' Lectric Blog
 * Test Ride
 * Phoenix Showroom
 * About Us
 * Philanthropy


SUPPORT

 * Refer a Friend
 * Contact Us
 * Help Center
 * Service Videos & Tutorials
 * Service Partner Network

Wishlist

Referral Program

1 Year Warranty

Free Shipping

500k+ Happy Riders

Best-Selling eBike in America


 * GIFT GUIDE
 * REVIEWS
 * COMPARE
 * DISCOVER
   
   
   Best Sellers
   
   eBike Quiz
   
   Livin' Lectric Blog
   
   Test Ride
   
   Phoenix Showroom
   
   About Us
   
   Philanthropy

 * SUPPORT
   
   
   Refer a Friend
   
   Contact Us
   
   Help Center
   
   Service Videos & Tutorials
   
   Service Partner Network




TERMS OF SERVICE

Last Revised: 10/21/2024

General

These Terms of Service are entered into by and between you (“you” and “your”)
and Lectric eBikes (“Company,” “we,” or “us”). The following terms and
conditions (the “Terms”), govern your access to and use of
www.lectricebikes.com, including any content, functionality, and services
offered on or through www.lectricebikes.com (the “Website”), whether as a guest
or a user with a registered Account.

Please read these Terms carefully before you start to use the Website. By using
the Website, you accept and agree to be bound and abide by these Terms and our
Privacy Policy, found at www.lectricebikes.com/policies/privacy-policy. If you
do not want to agree to these Terms or the Privacy Policy, you must not access
or use the Website.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND
OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY
TO YOU. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER
THAN JURY TRIALS OR CLASS ACTIONS. PLEASE READ THESE TERMS CAREFULLY. 


Use of the Website; Eligibility

The Company grants you a non-exclusive right to access and use the Website and
the data, material, content or information therein (collectively, the “Content”)
solely for your personal use. You agree to use the Website only for lawful
purposes, comply with all rules governing any transactions on and through the
Website, and comply with applicable laws.

We do not warrant the accuracy, completeness, or usefulness of this information
at any particular time.  Any reliance you place on such information is strictly
at your own risk. The Company disclaims all liability and responsibility arising
from any reliance placed on such Content by you or any other visitor to our
Website, or by anyone who may be informed of any of its contents. 

You may not order or obtain products from the Website if you (a) do not agree to
these Terms, (b) are not the older of (i) at least 18 years of age or (ii) legal
age to form a binding contract with the Company, or (c) are prohibited from
accessing or using the Website or any of the Website’s Contents or goods by
applicable law. If you are the parent or legal guardian of a minor who you will
permit to access any portion of the Website, or make use of the Website, you
agree that you take full responsibility for the minor’s use of the Website and
for the minor’s compliance with these Terms.

User Account Responsibility

If you are given, or if you create, an account (including any password) to
access the Website, you are responsible for maintaining the confidentiality and
security of your account, including all of your passwords.  When creating an
account, you agree to provide us with accurate and complete information and
detail, as required, and to keep it up to date.  You are responsible for all
activities that occur under your account and you agree to notify the Company
immediately of any unauthorized use of your account.  The Company is not
responsible for any loss that you may incur as a result of any unauthorized
person using your account or your password.

Prohibited Uses

You agree that you will not:

 * Use the Website in any manner that could damage, disable, overburden, or
   impair the Website or interfere with any other party’s use and enjoyment of
   it;
   Attempt to gain unauthorized access to any Website account, computer systems
   or networks associated with the Company or the Website;
 * Obtain or attempt to obtain any materials or information through the Website
   by any means not intentionally made available or provided by the Company;
 * Use any robot, spider, or other automatic device, process or means to access
   the Website for any purpose, including monitoring or copying any of the
   material on the Website;
 * Introduce any viruses, Trojan horses, worms, logic bombs, or other material
   which is malicious or technologically harmful;
 * Attack the Website via a denial-of-service attack or a distributed
   denial-of-service attack;
 * Reverse engineer any aspect of the Website or do anything that might discover
   source code or bypass or circumvent measures employed to prevent or limit
   access to any part of the Website;
 * Use the Website in any illegal, fraudulent or other unauthorized manner, or
   engage in, encourage or promote any activity that violates these Terms; or
 * Impersonate or attempt to impersonate the Company, a Company employee,
   another user or any other person or entity (including, without limitation, by
   using email addresses associated with any of the foregoing).

Third Party Websites

The Website may contain links to websites and platforms controlled or operated
by persons and companies other than the Company (“Linked Sites”). Linked Sites
are not under the control of the Company, and the Company is not responsible for
the contents of any Linked Site, including without limitation any link contained
on a Linked Site, or any changes or updates to a Linked Site. The Company is not
responsible if the Linked Site is not working correctly or for any viruses,
malware, or other harms resulting from your use of a Linked Site.  The Company
is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by the Company of the site or any association
with its operators.  You are responsible for viewing and abiding by the privacy
policies and terms of use posted on the Linked Sites.  You are solely
responsible for any dealings with third parties who support the Company or are
identified in the Website, including any delivery of and payment for goods and
services.

Intellectual Property Rights

The Website and its entire contents, 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
“Company”, its licensors, 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.

These Terms permit you to use the Website for your personal, non-commercial use
only. You must not reproduce, distribute, modify, create derivative works of,
publicly display, publicly perform, republish, download, store, or transmit any
of the material on our Website.


You must not:

 * Modify copies of any materials from this site.
 * Use any illustrations, photographs, video or audio sequences, or any graphics
   separately from the accompanying text.
 * Delete or alter any copyright, trademark, or other proprietary rights notices
   from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website
or any services or materials available through the Website.

Nothing grants you the right to use trademarks or other intellectual property
owned by the Company.

If you wish to make any use of material on the Website other than that set out
in this section, please address your request to: contact@lectricebikes.com. No
right, title, or interest in or to the Website or any content on the Website is
transferred to you, and all rights not expressly granted are reserved by the
Company. Any use of the Website not expressly permitted by these Terms is a
breach of these Terms and may violate copyright, trademark, and other laws.


Trademarks

The Company name, the terms LECTRIC EBIKES, the Company logo, and all related
names, logos, product and service names, designs, and slogans are trademarks of
the Company or its affiliates or licensors. You must not use such marks without
the prior written permission of the Company. All other names, logos, product and
service names, designs, and slogans on this Website are the trademarks of their
respective owners.

When posting any information, materials or content or otherwise accessing the
Website, User agrees that User will not:



 * Harass, defame, intimidate or threaten another user;
 * Interfere with another user’s rights to privacy;
 * Post any material that is defamatory (i.e., disparaging to the reputation of
   an individual or business);
 * Post any material that is obscene, offensive or indecent;
 * Post any trademarks, logos, copyrighted material or other intellectual
   property without the authorization of the owner;
 * Operate, conduct, or promote, directly or indirectly, raffles, lotteries or
   other similar gaming activities, whether for charitable purposes or
   otherwise;
 * Post any materials that may damage the operation of a computer (such as a
   virus, worm or Trojan horse);
 * Use any means to “scrape,” “crawl,” or “spider” any web pages contained in
   the Website;
 * Use, display, mirror, or frame the Website or any individual element within
   the Website, the Company’s trademarks, logos, or other proprietary
   information, or the layout and design of any page or form contained on a
   page, without the Company’s express written consent; or
 * Attempt to decipher, decompile, disassemble, or reverse engineer any of the
   software used to provide the Website.

Copyright

We respond to notices of alleged copyright infringement and terminate accounts
of repeat infringers according to the process set out in the U.S. Digital
Millennium Copyright Act (DMCA). If you believe that your work has been copied
or used on the Site in a way that constitutes copyright infringement, please
send the following information to the Copyright Agent named below:

 * Your address, telephone number, and email address.
 * A description of the copyrighted work that you claim has been infringed.
 * A description of where the alleged infringing material is located on the
   Site.
 * A statement by you that you have a good faith belief that the disputed use is
   not authorized by you, the copyright owner, its agent, or the law.
 * An electronic or physical signature of the person authorized to act on behalf
   of the owner of the copyright interest.
 * A statement by you, made under penalty of perjury, that the above information
   is accurate and that you are the copyright owner or authorized to act on
   behalf of the copyright owner.
 * The contact information for the Company’s Copyright Agent is as follows:

Copyright Agent
Lectric eBikes, LLC
2311 West Utopia Road
Phoenix,  AZ  85027
Email: cristy@lectricebikes.com

For clarity, only copyright infringement notices should go to our Copyright
Agent. You acknowledge that if you fail to comply with all of the requirements
of this section, your notice may not be valid.

The COmpany may at its discretion suspend or terminate the access of and take
other action against users, subscribers, registrants, and account holders who
infringe the copyright rights of others.


 * Back to Top
   
   

Product Information and Availability

Information about our products is provided on the Website for illustrative and
informational purposes and despite our best efforts, occasional typographical
errors, inaccuracies or omissions that may relate to product descriptions,
pricing, specifications and/or availability may occur. Accordingly, we do not
guarantee the accuracy or completeness of any product information on the
Website. We reserve the right to correct or update the Website with respect to
products at any time without prior notice (including after you have submitted an
order). If you do not wish to continue your purchase after pricing or other
product information has been corrected, please contact us right away.

Product availability on the Website is not guaranteed as it may be low in stock
or otherwise unavailable due to reasons beyond our control. If any selected
product is not available at the time your order processes, we will notify you of
this.

We reserve the right to change any component or part of our eBikes, or to change
manufacturers of component parts with equivalent or improved performance 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.

Order Acceptance and Cancellation

Orders will be initiated when you submit an order on the Website. You agree that
your order is an offer to buy, under these Terms, all products listed in your
order. All orders must be accepted by us or we will not be obligated to sell the
products to you. We may choose not to accept any orders at our sole discretion.
If you wish to purchase any products available through the Website, you may be
asked to supply certain information relevant to your transaction including,
without limitation, information about your method of payment (such as your
payment card number and expiration date), your billing address and your shipping
information. By submitting such information, you grant the Company the right to
provide such information to third parties for the purposes of facilitating the
order initiated by you or on your behalf. 

For information on refunds and cancellations, please see our Refund Policy.

Customer Service

At Lectric eBikes, we pride ourselves on our exceptional customer support. We
promise to do our best to treat you with fairness, patience, and respect in
every interaction. We kindly ask that you do the same with all members of our
staff.

Lectric eBikes reserves the right to refuse service, or to sell our products, to
any customer who becomes belligerent, rude, or disrespectful. This can include
but may not be limited to: suspension of warranty, issuance of refund, and/or
termination of accounts/orders.

Prices and Payment Terms

All prices posted on the Website are subject to change without notice. The price
charged for a product will be the price in effect at the time the order is
placed. Price increases, and any price decreases, will only apply to orders
placed after such changes and will not change already placed orders. Posted
prices do not include taxes or charges for shipping and handling. All such taxes
and charges will be added to your merchandise total and will be itemized in your
shopping cart, including any heavy fee for items due to size or weight. We are
not responsible for pricing, typographical, or other errors in any offer by us
and we reserve the right to cancel any orders arising from such errors. 

Terms of payment are within our sole discretion and, unless otherwise agreed by
us in writing, payment must be received by us before our acceptance of an order.
You represent and warrant that (i) the credit or debit card information or other
payment information you supply to us is true, correct, and complete, (ii) you
are duly authorized to use such payment information for the purchase, (iii)
charges incurred by you will be honored by your financial institution, and (iv)
you will pay charges incurred by you at the posted prices, including all
applicable taxes, if any.

You shall pay interest on all late payments at the lesser of the rate of 1.5%
per month or the highest rate permissible under applicable law, calculated daily
and compounded monthly. You shall reimburse the Company for all costs incurred
in collecting any late payments, including, without limitation, attorneys’ fees.
In addition to all other remedies available under these Terms or at law (which
the Company does not waive by the exercise of any rights hereunder), if you fail
to comply with the terms of payment, the Company shall be entitled to hold
shipment until payment is made. You shall not withhold payment of any amounts
due and payable by reason of any set-off of any claim or dispute with the
Company, whether relating to the Company’s breach, bankruptcy, or otherwise.

Shipment and Delivery

For more information on our shipping and delivery terms, please see our Shipping
Policy.

Pre-Orders

When pre-ordering a product from our website your card will be charged in the
full amount of the total purchase price immediately.

During pre-orders Lectric eBikes provides an estimate of when products may ship.
We reserve the right to change the estimated shipping date at any time without
notice.

A pre-order may be canceled at any time before the bike has shipped for a full
refund.

Credit Card Chargebacks

If a credit card chargeback is requested on an order, and the customer is still
in possession of the product or products within the order, the chargeback,
refund, or credit will not be processed until the product has been returned to
us. If we determine the customer will retain the product, the warranty may be
suspended indefinitely based on the sole discretion of Lectric eBikes. In most
cases, once the chargeback is resolved the warranty will resume from the
original date of shipping as outlined in the warranty without any extension for
the time the warranty was suspended.

Bike Performance Disclaimer

The bike's listed range and top speed are estimates (not guarantees) of expected
performance. Performance will vary with rider weight, cargo weight, rider /cargo
shape (both contribute to drag), terrain, tire pressure, brake adjustment,
throttle vs PAS usage, pedal power, battery charge level, ambient temperature,
and wind conditions. Under certain conditions it is possible to get ranges and
top speeds that are different from the listed estimates.

Authorized Sellers Only

Any unauthorized entity attempting to sell or distribute Lectric eBikes is
prohibited. If you purchase your bike through a Lectric Authorized third-party
reseller and wish for your bike to be covered under warranty, you must provide
proof of purchase as the original purchaser. No exceptions. Purchasing a bike
through lectricebikes.com for resale or rental use is strictly prohibited.

Lectric eBikes Refer-a-Friend Program

As a Refer-a-Friend member (a “Referrer”), you are subject to Lectric eBikes’
Terms of Use and Lectric eBikes’ Privacy Policy, as well as the following
additional Terms & Conditions for our Refer-a-Friend program:

 * Qualified Referral. A Qualified Referral is defined as a purchase made at
   https://lectricebikes.com/ by a person (a "Referred Customer") who arrives at
   our website by clicking your Refer-a-Friend program link. 
 * Referred Customer. The Referred Customer and the Referrer cannot be the same
   person (for example, by using a different email address) or share an address.
 * Referral Rewards. For you to earn referral rewards as a Referrer, the
   Referred Customer must complete an order greater than $799 in total value by
   purchasing an eBike, minus all fees including taxes, discounts, shipping,
   returns, chargebacks, fraudulent payments, and/or other 3rd party fees.
 * Reward Payments. Rewards are payable in increments of $25 coupon codes.
   Lectric eBikes reserves the right to restrict the number of reward payments
   within a year. As a Referrer, you are responsible for any and all tax
   liability resulting from Referral Rewards.
 * Eligibility. Eligibility is limited to individuals only. Lectric eBikes’
   Refer-a-Friend Program cannot be used by businesses for affiliate lead
   generation as determined in Lectric eBikes’ sole discretion. 
 * No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails
   must be created and distributed in a personal manner and bulk email
   distribution is strongly discouraged. Any distribution of your referral link
   that could constitute unsolicited commercial email or "spam" under any
   applicable law or regulation is expressly prohibited and will be grounds for
   immediate termination of your account and exclusion from Lectric eBikes’
   Refer-a-Friend program.
 * Right to Close Accounts. Lectric eBikes reserves the right to close the
   account(s) of any Referrer and/or Referred Customer and to request proper
   payment if the Referrer and/or Referred Customer attempts to use the
   Refer-a-Friend program in a questionable manner or breaches any of these
   Terms & Conditions or is in violation of any law, statute or governmental
   regulation.
 * Right to Cancel Program or Change Terms. Lectric eBikes reserves the right to
   cancel the Refer-a-Friend Program or to change these Terms & Conditions at
   any time in its sole discretion. Any unclaimed referral rewards will be
   forfeited at that time.

Location of our Services

The Company is located in the state of Arizona in the United States. We make no
claims that the Website or any of its contents are accessible or appropriate
outside of the United States. Access to the Website may not be legal by certain
persons or in certain countries.

Warranties

Please see the Manufacturer Warranty policy, found at
www.lectricebikes.com/pages/lectric-ebikes-manufacturers-warranty, for more
information regarding warranties for the purchased products. 

NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE COMPANY AND
ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT
CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE,
TIMELINESS, SECURITY OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT POSTED ON OR
OTHERWISE ACCESSIBLE VIA THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE
COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE
OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE WEBSITE AND THAT THE
RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER THE COMPANY
NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE
WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. THE COMPANY FURTHER MAKES
NO WARRANTY THAT THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR
THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR
SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND
THAT THE COMPANY, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE
RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS,
FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH
THE WEBSITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE COMPANY FOR
DISSATISFACTION WITH THE WEBSITE OR THE CONTENT IS TO CEASE YOUR USE OF THE
WEBSITE AND/OR THE CONTENT.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU REGARDING YOUR USE OF
THE WEBSITE.  YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.  WHEN THE
IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE
THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED
BY LAW.

Liability Disclaimer

Products.

Riding any kind of bicycle comes with inherent risks and dangers that cannot be
predicted or avoided. These dangers could result in a serious accident, injury,
or death of the rider. It is the sole responsibility of the rider to become
properly educated and prepared to ride safely. Once in possession of the bike,
Lectric eBikes strongly encourages and recommends that all customers have a
certified and reputable bicycle mechanic complete a full inspection of each
component on the bicycle to ensure it is safe for operation. Lectric eBikes
makes no claims or guarantees that the brakes, battery, frame, motor, motor
controller, display, electrical cables, electrical cable housings, fasteners,
grips, fork, stem, shifters, headset, seat post, seat post clamp, handlebar stem
clamp, saddle, wheel hubs, handlebars, spokes, rims, tires, tubes, derailleur,
freewheel, cassette, throttle, kickstand, lights, reflectors, hardware, bottom
bracket, or any other part or accessory, will be properly secured and adjusted
upon arrival. Before every ride fully inspect your bicycle to ensure everything
is secured and adjusted properly.

Under no circumstances is Lectric eBikes responsible for any damage resulting
from damaged, defective, or improperly secured parts. This includes, but is not
limited to, damage to personal property, personal injury, or death.

Website.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS THIRD-PARTY LICENSORS BE
LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR
PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS,
INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM,
ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, OR THE DATA, CONTENT OR
INFORMATION ACCESSED VIA THE WEBSITE OR ANY HYPERLINKED WEBSITE, OR ANY
DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITE, REGARDLESS OF THE FORM OF
THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE
OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN,
UNFORESEEN OR FORESEEABLE, EVEN IF THE COMPANY OR ITS THIRD-PARTY LICENSORS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME  STATES AND JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.  WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN
THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW. 
YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.  

IN ANY CASE, COMPANY’S AND ITS LICENSORS’ ENTIRE LIABILITY UNDER ANY PROVISION
OF THESE TERMS ARISING OUT OF YOUR USE OF THE WEBSITE WILL BE LIMITED TO THE
AMOUNT ACTUALLY PAID BY YOU TO COMPANY FOR THE PRODUCTS OR ONE HUNDRED DOLLARS
($100.00), WHICHEVER IS GREATER. 

Force Majeure

The Company shall not be responsible nor deemed to be in default on account of
delays in performance due to causes that are beyond Company’s control and not
occasioned by the Company’s fault or negligence and which make the Company’s
performance impracticable, including but not limited to civil wars,
insurrections, strikes, riots, fires, storms, floods, other acts of nature,
explosions, earthquakes, accidents, any act of government, delays in
transportation, inability to obtain necessary labor supplies or manufacturing
facilities, allocation regulations or orders affecting materials, equipment,
facilities or completed products, failure to obtain any required license or
certificates, acts of God or the public enemy, failure of transportation,
epidemics, quarantine restrictions, failure of vendors (due to causes similar to
those within the scope of this clause) to perform their contracts or labor
troubles causing cessation, slowdown, or interruption of work provided such
cause is beyond the Company’s reasonable control.

Indemnity

You agree to defend, indemnify and hold harmless the Company and its affiliates,
directors, officers, employees, and/or agents (collectively, “Company
Indemnitees”) from and against any claims, liabilities, damages, judgments,
awards, losses, costs, expenses or fees (including reasonable attorneys' fees)
that may be incurred by any of the Company Indemnitees arising out of or
relating to (i) the information you provide to us, (ii) your violation of these
Terms, (iii) your violation of any applicable laws, rules or regulations in
connection with the Website or use of the products, (iv) your negligence or more
culpable act or omission in connection with the performance of these Terms; or
(vi) any bodily injury, death of any third party or damage to real or tangible
personal property caused by the negligent acts or omissions of you or your
employees and agents. You agree that in the event any claim, allegation, suit or
similar proceeding is commenced by a third party against any of the Company
Indemnitees, that you will pay for the defense thereof, including reasonable
attorneys’ fees and costs. Notwithstanding any of the foregoing, the Company
reserves the right to assume the exclusive defense and control of any proceeding
that relates to the Company, the Website or products, or any aspects thereof,
whether or not subject to indemnification hereunder, and in such case you will
cooperate fully with the Company in our defense thereof.

Termination and Restriction of Access

In its sole discretion, the Company may terminate or suspend your access to the
Website for breach of these Terms or for any reason whatsoever, with or without
notice. The Company shall not be liable for any losses or damages arising from
any such termination of service. Moreover, in addition to any remedies that may
be provided under these Terms, the Company may terminate these Terms with
immediate effect upon written notice to you, if you: (a) fail to pay any amount
when due under these Terms and such failure continues for 15 days after your
receipt of written notice of nonpayment; (b) have not otherwise performed or
complied with any of these Terms, in whole or in part; or (c) become insolvent,
file a petition for bankruptcy, or commence or have commenced against you
proceedings relating to bankruptcy, receivership, reorganization, or assignment
for the benefit of creditors.

Dispute Resolution and Arbitration

Purchasing of Products. 

YOU AND THE COMPANY 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 YOUR PURCHASE OF
PRODUCTS THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY
BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association
("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then
in effect, except as modified by this Section. (The AAA Rules are available at
adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act
will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to
arbitrability and/or enforceability of this arbitration provision, including any
unconscionability challenge or any other challenge that the arbitration
provision or the Terms are void, voidable or otherwise invalid. The arbitrator
will be empowered to grant whatever relief would be available in court under law
or in equity. Any award of the arbitrator(s) will be final and binding on each
of the parties and may be entered as a judgment in any court of competent
jurisdiction.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU
NOR THE COMPANY 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. The
arbitral tribunal has no power to consider the enforceability of this class
arbitration waiver and any challenge to the class arbitration waiver may only be
raised in a court of competent jurisdiction. If any provision of this
arbitration agreement is found unenforceable, the unenforceable provision will
be severed and the remaining arbitration terms will be enforced.

Website. At the Company's sole discretion, it may require you to submit any
disputes arising from these Terms or use of the Website, including disputes
arising from or concerning their interpretation, violation, invalidity,
non-performance, or termination, to final and binding arbitration under the
Rules of Arbitration of the American Arbitration Association applying Arizona
law.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these
Terms or the Website must be commenced within one (1) year after the cause of
action accrues, otherwise, such cause of action or claim is permanently barred.

Governing Law and Jurisdiction

All matters arising out of or relating to these Terms are governed by and
construed in accordance with the internal laws of the State of Arizona without
giving effect to any choice or conflict of law provision or rule (whether of the
State of Arizona or any other jurisdiction) that would cause the application of
the laws of any jurisdiction other than those of the State of Arizona. You
hereby irrevocably consent to the exclusive jurisdiction and venue of the courts
in Phoenix, Arizona in all disputes arising out of or relating to the use of the
Website or the products purchased on the Website.

Changes to these Terms

The Company may update or change these Terms from time to time in order to
reflect changes in any offered services, changes in the law, or for other
reasons as deemed necessary by the Company. The effective date of any Terms will
be reflected in the “Last Revised” entry at the top of these Terms. Your
continued use of the Website after any such change is communicated shall
constitute your consent to such change(s).

General

You agree that no joint venture, partnership, employment, or agency relationship
exists between you and the Company as a result of these Terms or use of the
Website. These Terms do not and are not intended to confer any rights or
remedies upon any person other than you. The Company’s performance of these
Terms is subject to existing laws and legal process, and nothing contained in
these Terms is in derogation of the Company’s right to comply with governmental,
court, and law enforcement requests or requirements relating to your use of the
Website or information provided to or gathered by the Company with respect to
such use.  

The failure by us to enforce any right or provision of these Terms will not
constitute a waiver of future enforcement of that right or provision. The waiver
of any right or provision will be effective only if in writing and signed by a
duly authorized representative of the Company.

If any part of these Terms are determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth herein, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision, and
the remainder of these Terms shall continue in effect.  Provisions of these
Terms which by their nature should apply beyond their terms will remain in force
after any termination or expiration of these Terms.

These Terms, including the Privacy Policy and all other documents expressly
incorporated herein by reference, constitute the entire agreement between you
and the Company with respect to the Website, and supersede all prior or
contemporaneous communications and proposals, whether electronic, oral, or
written, between you and the Company. A printed version of these Terms and of
any notices given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.

Company Contact Information

Questions can be directed to the Company at: contact@lectricebikes.com 




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