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KEVIN’S CREATIONS LLC (DBA RIDE 1UP) TERMS OF USE AND SALE
EFFECTIVE DATE: June 20th, 2020
Is There A Legal Agreement That Covers My Use Of The RIDE 1UP Website?
AGREEMENT BETWEEN USER AND KEVIN’S CREATIONS LLC (DBA “RIDE 1UP”) (HEREINAFTER REFERRED TO AS “RIDE 1UP”)
The RIDE 1UP Website is composed of various web pages operated by RIDE 1UP. “RIDE 1UP Website” shall be defined herein to include RIDE1UP.com and all other web pages operated or hosted directly by RIDE 1UP or offered by RIDE 1UP via a third-party hosting service provider (“Services”).
The RIDE 1UP Website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the RIDE 1UP Website constitutes your agreement to all such terms, conditions and notices.
Can The Terms Of Use and Sale Be Changed?
MODIFICATION OF THESE TERMS OF USE AND SALE
RIDE 1UP reserves the right to change the terms, conditions, and notices under which the RIDE 1UP Website is offered in our sole discretion, including but not limited to the changes associated with the use of the RIDE 1UP Website. Your continued use of the RIDE 1UP Website following the posting of revised Terms of Use and Sale means that you accept and agree to the changes.
RIDE 1UP reserves the right to disclose aggregated data, or information or statements we publish without attribution to any identifiable individual, or specific data or statements that you separately and specifically agree we can share with the larger public or media, without infringing upon the user's confidentiality.
What About Third Party Websites That Are Linked To The Website?
LINKS TO THIRD PARTY SITES
The RIDE 1UP Website may contain links to other websites (“Linked Site(s)”). The Linked Sites are not under the control of RIDE 1UP, and RIDE 1UP is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. RIDE 1UP is not responsible for webcasting or any other form of transmission received from any Linked Site. RIDE 1UP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RIDE 1UP of the site or any association with its operators.
What If I Want To Hyperlink To The Website?
HYPERLINKS TO THE RIDE 1UP WEBSITE
You may create text hyperlinks to the RIDE 1UP Website, provided such links do not, directly or indirectly, (a) portray RIDE 1UP or any of its Products in a false, misleading, derogatory or otherwise defamatory manner; or (b) contain any adult or illegal material, or any material that is offensive, harassing or otherwise objectionable.
What About Passwords For My Access To The RIDE 1UP Website?
PASSWORDS AND ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to RIDE 1UP for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify RIDE 1UP immediately at [email protected] You agree to not share access to the RIDE 1UP Website.
What Are RIDE 1UP’s Terms of Sale for Products and Services?
TERMS OF SALE
Please read these Terms of Sale carefully as they form the basis of your contract with RIDE 1UP. This agreement is made at the time of you ordering any products or services offered to you and purchased by you via a RIDE 1UP Website (“Products”) and becomes legally binding upon your first payment for the Products. By purchasing Products from RIDE 1UP, you signify you have read and accepted these Terms of Sale.
(a) Ordering and Product/Services Policies
You must be 18 years of age or over and possess the legal capacity and authority to purchase Products from RIDE 1UP. You may not RIDE 1UP Products for any illegal or unauthorized purpose. RIDE 1UP reserves the right to refuse service to anyone for any reason at any time.
RIDE 1UP may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that RIDE 1UP makes a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. RIDE 1UP reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.
Certain Products may be available exclusively online through the RIDE 1UP Website. These Products may have limited quantities and are subject to return or exchange only according to RIDE 1UP’s Shipping/Refund Policy.
RIDE 1UP has made every effort to display as accurately as possible the colors and images of our Products that appear on the RIDE 1UP Website; however, the look of the final purchased Product may differ from Product images shown on the RIDE 1UP Website. RIDE 1UP does not guarantee that your computer monitor’s display of any color will be accurate.
RIDE 1UP reserves the right, but is not obligated, to limit the sales of its Products to any person, geographic region or jurisdiction. RIDE 1UP may exercise this right on a case-by-case basis. RIDE 1UP reserves the right to limit the quantities of any Products that it offers. All descriptions of Product pricing are subject to change at any time without notice, in the sole discretion of RIDE 1UP.
RIDE 1UP reserves the right to discontinue the offering or sale of any Product at any time. Any offer for purchase of any Product made to RIDE 1UP on the RIDE 1UP Website is void where prohibited.
Prices for RIDE 1UP Products are subject to change without notice, in the sole discretion of RIDE 1UP.
RIDE 1UP is not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a Product.
(b) Payment and Credit Card Services
You agree to provide current, complete and accurate purchase and account information to RIDE 1UP for all purchases made at the RIDE 1UP Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that RIDE 1UP can complete your transactions and contact you as needed.
You understand that your Submissions (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.
(c) Shipping and Returns Policy
It is the responsibility of you the customer to VERIFY SHIPPING ADDRESS and delivery date. Ride1up is not responsible for lost or missing packages delivered by the carrier. If the carrier cannot deliver the product to the address provided, you will be charged up to a $400 fee for the product to be resent or returned and restocked in our inventory. Ride1up will deduct the fee from any potential return.
There is a 30-day return policy on our electric bikes. Within 30 days, if you are not satisfied with the bike for any reason, please contact our support team, [email protected]. We will provide you the correct address for return, as long as the bike arrives back to us in the condition it was delivered to you in, you will receive 100% refund. We only charge a restocking fee for orders that are cancelled or shipments returned that were never opened. From your refund we will deduct the cost of cleaning and repairing any aspects of the bike that were damaged of left dirty by the buyer returning the bike. Buyer is responsible for the cost of return shipping. Buyer is also responsible for safely packaging and returning the bike to us. If you have damaged or failed to safely package the bike, we will deduct the damages from the refund. We suggest keeping the original packing material and box until you are sure the bike is the right fit for you. This way you will be able to safely repackage and re-secure the bike for return shipping. Returns are only available for customers ordering in the United States within the contiguous 48 states. Returns are not available on batteries or accessories.Customer pays return shipping costs.
You the customer must ensure the product arrives safely without damage to the return shipping address.
The product arrives free from damage, even if damaged occurred during return shipment.
Orders may not be cancelled during shipment or once processed by our facility.
(d) Pre-Order and Cancellation Policy Pre-orders are charged at the time of ordering. The product will be listed "Out of Stock" with an estimated ship date. The estimated shipping date may change based on the color or model you select. Shipping estimates may be changed and are not guarantees. You can contact us via email at any time before your order is shipped for a refund. Cancellations/refunds before shipping will be subject to a 3% payment processing charge which goes to the credit card companies (this is a charge we do not get back). If an order is cancelled during or after it is processing for shipment, or returned to sender upon delivery at the correct address, it will be subject to a $400 fee. VERIFY SHIPPING ADDRESS and delivery date. If the carrier cannot deliver the product to the address provided, you will be charged up to a $400 fee for the product to be resent or returned and restocked in our inventory. Ride1up will deduct the fee from any potential return. The estimated shipping date listed on the product page may change for new orders as models are sold. We will work to fulfill orders on a first-come-first-served basis(e) Warranty Information (eBike)
Each new Ride1UP electric bike comes with a limited manufacturer’s warranty for the original retail purchaser. This warranty provides each original retail purchaser of a Ride1UP eBike with a warranty against manufacturer’s defects only.
Warranty claims only exist for initial faults that were already present at the time of handover. Ride1UP grants a 1-year guarantee for manufacturing defects only.
If your product is shipped to you and arrives damaged, please contact us directly by phone or e-mail within 3 working days from the date of delivery. Please note that any damage caused by shipping is not covered by any warranty, however a claim may be filed with the shipping company and we will work together to resolve damaged goods on arrival. Minor scratches to components don't necessitate replacement or any refund, but for major aesthetic damage a credit may be issued, or replacement sent if the item is functionally damaged. We will not cover any damage caused when owner sets up their own shipping option including using a freight forwarding or similar service.
Ride1UP reserves the right to determine if the product has been operated in accordance with the products intended use and whether user error and or neglect is the cause for the product damage or failure. Ride1UP may require video and photographic submissions to review each warranty claim.
This warranty shall be effective only if all the following conditions are met:
If the bike was purchased directly from Ride1up.com or one of our authorized retailers.
If you are the original and first owner of the bike (warranty is not transferable)
If the bike has followed all intended use purposes
If the electronics have not been repaired or modified.
If the bike was assembled or reviewed prior to use by a bike mechanic. Proper professional assembly is required for upholding the Limited Warranty.
Rider and purchaser is 18 years of age or over and possesses the legal capacity and authority to purchase and ride an eBike.
The bike is ridden only on paved roads and trails. Using the bike for any other purpose may result in serious injury.
Maximum total weight of rider including any cargo is at all times below 275lbs.
WARRANTY EXCLUSIONS
The warranty applies only to customers purchasing in the contiguous United States. No other party other than Ride1UP may change the terms. This WARRANTY DOES NOT COVER THE FOLLOWING:
Normal wear and tear from use or exposure to the elements.
Damage or failure from abuse, neglect, misuse, or accident.
Damage or failure from modification of any of the bikes systems.
Damage or failure of any part of the electrical system resulting from improper storage or charging of the battery. Improper charging of the battery could cause serious external damage to persons or property.
Installation of any 3rd party parts, accessories, or electrical components.
Lost or damaged keys to the bike are not covered by warranty.
All warranties are void if used for any purpose other than the reasonable intended use.
How To Handle Warranty Claims
Ride1UP will cover labor and parts within the 30-day period after purchase. Our credit for labor is based on a standard fee schedule for bike repairs and could be higher or lower than the cost at your local bike shop. You must wait for us to ship warrantied component rather than replacing on your own. Please allow 1-3 weeks for shipping replacement components. It is the owner’s responsibility to immediately inspect your bike on receipt, within 3 days. Freight claims are time sensitive. To quickly resolve the issue the owner must send an email with a photo and/or video if appropriate to [email protected] We will make any necessary repairs to remedy the situation.
After 30-day free repair period Ride1UP will ship replacement parts within the year at no charge. The owner will be responsible for labor. Warranty parts will be shipped in the U.S. only at our cost. It will be necessary to send an email with a photo and or video as appropriate to [email protected] so we diagnose any issue.
Ride 1up reserves the right to make judgement determinations of proper use based on the evidence provided and may require additional photos and or videos of the item or issue in question.
WARRANTY EXCLUSIONS
The warranty applies only to customers purchasing in the Mainland United States. No other party other than Ride1up may change the terms. This WARRANTY DOES NOT COVER THE FOLLOWING:
Normal wear and tear from use or exposure to the elements. All normal wear and tear damage to the product is not covered by warranty. Any portion of the product worn or broken from use is not covered by the warranty.
- Damage or failure from abuse, neglect, misuse, or accident.
- Damage or failure from modification of any of the boards systems.
- Damage or failure of any part of the electrical system resulting from improper storage or charging of the battery. Improper charging of the battery could cause serious external damage to persons or property and it is the sole responsibility of the purchaser to ensure proper battery care and charging only with the authorized charger.
- Installation of any 3rd party parts, accessories, or electrical components.
- Lost or damaged remote to the board is not covered by warranty.
- All warranties are void if used for any purpose other than the reasonable intended use.
(g) Battery Use Risk
Improper use, care, or charging of a lithium Ion battery could cause serious injury to the product, property, or persons. If the battery is tampered with or damaged in any way, do not use the product and find a hazardous waste removal center immediately.
It is the responsibility of the purchaser to maintain safe storage and treatment of the battery at all times.
Only use the charger that came with your product. Just because a charger fits in your device doesn’t mean that it is safe to use.
Keep your device out of extremely high or low temperature locations. Do not place the battery in direct sunshine, or store the battery inside cars in significant hot or cold weather.
Do not expose the battery to water or allow the battery to get wet.
Do not continue charging the battery if it does not recharge within the specified charging time. Doing so may cause the battery to become hot, explode, or ignite.
Do not use your device if you notice any damage to the battery after dropping it. If you suspect damage to the battery, email our support or dispose of the battery and order a replacement.
Do not disassemble or modify the battery in any way. Modifying your electronic significantly increases the risk of explosion
(h) Proprietary Rights
The Products sold by RIDE 1UP, whether sold through the RIDE 1UP Website or other sales channel, contain proprietary designs which are the sole property of RIDE 1UP. Accordingly, any attempt to reverse engineer, or recreate by other methods, any RIDE 1UP Product, is prohibited.
[Are There Restrictions On How I Use And Access The Website?]
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the RIDE 1UP Website, you warrant to RIDE 1UP that you will not use the RIDE 1UP Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. Specifically, You are not allowed to (directly or indirectly): (a) resell or otherwise make commercial use of the RIDE 1UP Website or its contents; (b) collect or use any images, descriptions, or other content included in the RIDE 1UP Website contents, or any portion thereof; (c) copy, imitate, distribute, publicly perform, or publicly display any RIDE 1UP Website contents; (d) modify or otherwise make any derivative uses of the RIDE 1UP Website or its contents, or any portion thereof; (e) use data mining, robots or similar data gathering or extraction methods on the RIDE 1UP Website; (f) perform, or release or disclose the results of, any benchmark testing or vulnerability assessments of the RIDE 1UP Website; (g) introduce into the RIDE 1UP Website any viruses, trojan horses, malware, spyware, adware or other disruptive software, or any software code, which is designed to disrupt, damage, or perform unauthorized actions on a computer system; (h) remove or alter any proprietary notices or labels on or in the RIDE 1UP Website; (i) use the RIDE 1UP Website to directly or indirectly develop any product or service that competes with the RIDE 1UP Website; (j) download (other than page caching) any portion of the RIDE 1UP Website or its contents or any information contained therein, except as expressly permitted on the RIDE 1UP Website; or (k) use the RIDE 1UP Website or its contents other than for their intended purpose.
You may not use the RIDE 1UP Website in any manner, which could damage, disable, overburden, or impair the RIDE 1UP Website or interfere with any other party's use and enjoyment of the RIDE 1UP Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the RIDE 1UP Website, including, but not limited to, data mining, robots, or similar data gathering and extraction tools.
What If I Want To Post Materials On The Website?
MATERIALS PROVIDED TO RIDE 1UP OR POSTED TO ANY RIDE 1UP WEBSITE
RIDE 1UP does not claim ownership of the materials you provide to RIDE 1UP (including feedback and suggestions) or post, upload, input or submit to any RIDE 1UP Website (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting RIDE 1UP and necessary sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; none of which will reveal your name in connection with your Submission unless you, the individual user, agree to permit such in a separate agreement with RIDE 1UP.
No compensation will be paid with respect to the use of your Submission, as provided herein. RIDE 1UP is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in RIDE 1UP’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Can RIDE 1UP Deny Me Access To The Website?
TERMINATION/ACCESS RESTRICTION
RIDE 1UP reserves the right, in its sole discretion, to edit, refuse to post, or remove any information or materials, in whole or in part, or to terminate your access to the RIDE 1UP Website and the related services or any portion thereof at any time, without notice.
Does RIDE 1UP Own The Contents Of Its Website?
COPYRIGHT
All contents of the RIDE 1UP Website are: Copyright 2018 by Kevin’s Creations LLC. All rights reserved.
TRADEMARKS
all RIDE 1UP trademarks are strictly owned by RIDE 1UP, and nothing in these terms can be construed to transfer ownership rights or grant any permission, license or other rights to any RIDE 1UP trademark without written authorization from RIDE 1UP.
The names of actual companies and products mentioned within the RIDE 1UP Website may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
I’m A Website User From Outside of The United States – Anything I Should Know?
INTERNATIONAL USERS
RIDE 1UP makes no claims regarding access or use of the Website or RIDE 1UP content outside of the United States. If you use or access the Website or RIDE 1UP content outside of the United States, you are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use and Sale.
What About Website Privacy?
PRIVACY AND PERSONAL INFORMATION
For information about RIDE 1UP data protection practices, please read RIDE 1UP’s Privacy Policy. This policy explains how RIDE 1UP treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with RIDE 1UP’s Privacy Policy.
Any Other Legal Stuff I Should Be Aware Of?
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE RIDE 1UP WEBSITE OR IN PRODUCT USE AND ASSEMBLY MANUALS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RIDE 1UP MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE RIDE 1UP WEBSITE OR ITS PRODUCT USE AND ASSEMBLY MANUALS AT ANY TIME.
RIDE 1UP MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR MARKETED VIA THE RIDE 1UP WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. RIDE 1UP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, PRODUCT USE, PRODUCT ASSEMBLY, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RIDE 1UP BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE RIDE 1UP WEBSITE, WITH THE DELAY OR INABILITY TO USE THE RIDE 1UP WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE RIDE 1UP WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE RIDE 1UP WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RIDE 1UP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE RIDE 1UP WEBSITE, OR WITH ANY OF THESE TERMS OF USE AND SALE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE RIDE 1UP WEBSITE.
INDEMNIFICATION
Except as prohibited by law, you will hold RIDE 1UP and its officers, directors, employees and agents harmless for any indirect, punitive, special, incidental or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence or other tortious action, or arising out of or in connection with these Terms of Use and Sale, including without limitation any claim for personal injury or property damage, arising from (i) your use of and access to the Services or Products marketed via the RIDE 1UP Website; (ii) your violation of any of these Terms of Use and Sale; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and Sale and your use of the Services.
PERPETUITY RIGHTS
When these Terms of Use and Sale come to an end, all of the legal rights, obligations and liabilities that you and RIDE 1UP have benefited from, been subject to (or which have accrued over time while the Terms of Use and Sale have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations and liabilities indefinitely.
GENERAL LEGAL TERMS
The Terms of Use and Sale, along with the Privacy Policy and the Shipping/Refund Policy constitute the whole legal agreement between you and RIDE 1UP and govern your use of the Services and purchase of Products (but excluding any Products which RIDE 1UP may provide to you under a separate written agreement), and completely replace any prior agreements between you and RIDE 1UP in relation to the Services, or RIDE 1UP Products.
You acknowledge and agree that the form and nature of the Services, which RIDE 1UP provides, may change from time to time with or without prior notice to you.
As part of RIDE 1UP’s continuing innovation, you acknowledge and agree that RIDE 1UP may stop (permanently or temporarily) providing the Services to you or to users generally at RIDE 1UP’s sole discretion, without prior notice to you. You may stop using the Services at any time.
Unless you have been specifically permitted to do so in a separate agreement with RIDE 1UP, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that RIDE 1UP has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and Sale and for the consequences (including any loss or damage which RIDE 1UP may suffer) of any such breach.
You acknowledge and agree that while RIDE 1UP may not currently have set a fixed limit on the number of transmissions you may send, receive or store/manage through the Services, such fixed limits may be set by RIDE 1UP at any time, at RIDE 1UP’s discretion.
You agree that if RIDE 1UP does not exercise or enforce any legal right or remedy which is contained in the Terms (or which RIDE 1UP has the benefit of under any applicable law), this will not be taken to be a formal waiver of RIDE 1UP’s rights and that those rights or remedies will still be available to RIDE 1UP.
If any disagreement or dispute arises regarding these Terms of Use and Sale or any rights or obligations conveyed hereunder, the disagreement shall be resolved, whenever possible, by meeting and conferring. If such efforts are unsuccessful, either you or RIDE 1UP (collectively “Parties” or individually “Party”) shall seek a resolution via binding arbitration, to be conducted in the State of California and in accordance with the then-prevailing rules of the American Arbitration Association. Any award conferred shall be enforceable in any court of suitable jurisdiction in the State of California. The arbitration requirement does not apply to requests for injunctive relief.
The Terms of Use and Sale, and your relationship with RIDE 1UP under them, shall be governed by the laws of the State of California, USA, without regard to conflict of laws provisions. You and RIDE 1UP agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any legal matter arising from the Terms of Use and Sale. Notwithstanding this, you agree that RIDE 1UP shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use and Sale is invalid, then that provision will be removed from the Terms of use and Sale without affecting the rest of the Terms, which will remain in full force and effect.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use and Sale is invalid, then that provision will be removed from the Terms of use and Sale without affecting the rest of the Terms, which will remain in full force and effect.