Terms Of Use
Last Updated: April 18, 2023
These terms of use (the “Terms of Use”) are a legal agreement between you and Pave Motors, Inc. (“Pave Motors,” “we,” “us,” or “our”). These Terms of Use specify the terms under which you may access and use our website located at https://www.pavemotors.com (the “Website”) and complete a purchase (a “Purchase,” and together with the Website, the “Services”) for e-bikes sold by Pave Motors (“Pave Bikes”) or other products (collectively, the “Products”).
By accepting these Terms of Use, accessing or using our Services, placing an order for any Product or otherwise manifesting your assent to these Terms of Use, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference. If you do not agree to any of these terms, then please do not use the Services.
If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
To provide you with the Services, we need to build a community with a few simple guidelines. By accessing the Services you agree to comply with these community guidelines (the “Community Guidelines”) and that:
The Services contain material, such as software, text, graphics, images, and other material provided by or on behalf of Pave Motors (collectively referred to as the “Content”). The Services and the Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, Pave Motors and our licensors exclusively own all right, title, and interest in and to the Services and the Content, including all associated intellectual property rights.
Subject to the terms and conditions of these Terms of Use, Pave Motors grants you a limited, non-transferable, non-exclusive, license to access and use the Services and the Content solely for your personal purposes. You may not (i) remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or the Content, or (ii) sell, transfer, assign, license, sublicense, or modify the Services or the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Services or Content in any way for any public or commercial purpose.
The trademarks, service marks, and logos of Pave Motors (the “Pave Motors Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Pave Motors. Other company and service names located on the Services may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with Pave Motors Trademarks, the “
Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS 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 PAVE MOTORS, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
Order Acceptance and Cancellation. You are under no obligation to purchase any Products from us. 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. Verification information may be required prior to the acceptance of an order. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the Products you have ordered. If your Purchase is declined or canceled, you will be notified and your payment will be refunded.
Prices and Payment Terms. All prices, discounts, and promotions posted on this 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 and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. 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 and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may offer, from time to time, promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We accept Visa, Mastercard, American Express, Discover & Diners for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
Payment Processing. By making a Purchase, you agree to pay Pave Motors through our third-party payment vendor, Stripe (“Payment Processor”), all charges at the prices then in effect, where applicable any taxes or other fees in connection with the Purchase in the manner specified in the payment terms Payment is due immediately upon making a Purchase. By making a Purchase, you agree to Stripe's terms and conditions and privacy policy, which are available at https://stripe.com/legal and https://stripe.com/us/privacy,respectively.
Shipments; Delivery; Title and Risk of Loss. We will arrange for shipment of the Products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Returns and Refunds. Except for any Products designated on the Website as final sale or non-returnable, we will accept a return of any Product for a refund of your purchase price, less the original shipping and handling costs provided that such return, provided that such return: (i) is made within 7 days of delivery; (ii) includes valid proof of purchase, including original packaging documents and invoice; and (iii) such Productis returned in its original condition and in fully intact original packaging. To return any Product, you must email our Returns Department at contact@pavemotors.com to obtain a Return Merchandise Authorization ("RMA") number before shipping your Product. No returns of any type will be accepted without an RMA number. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. All returns are subject to a 20% restocking fee. Refunds are processed within a reasonable time after our receipt of the returned Product. Your refund will be credited back to the same payment method used to make the original purchase on the Website. Please note that Pave Motors will not reimburse any customs costs you have incurred or any similar charges in connection with your purchase or return. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS WEBSITE AS NON-RETURNABLE. Goods Not for Resale or Export. You represent and warrant that you are buying Products from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
Product Warranty. Pave motors offers a limited manufacturer's warranty on its Pave Bikes. The warranty starts the day the Pave Bike is delivered to you and continues for two years or until the Pave Bike has reached 30,000 km, whichever comes first. This warranty applies only if the Pave Bike has been operated according to proper use and under normal operating conditions. We do not cover misuse or broken parts caused by you or by any other event. Any Pave Bikes that were not purchased from Pave Motors will not be covered. We will not cover any damage or defects resulting from failure to follow instructions in the applicable owner's manual or other documentation (as provided by Pave Motors from time to time), accident, carelessness, misuse, neglect, abuse, neglect, commercial use, alterations, modifications, improper assembly, installation of parts or accessories not originally intended for the Pave Bike or not authorized by Pave Motors or using the Product in any way other than intended. We also will not cover any Pave Bikes that were used in off-road applications. Any modification to the Pave Bikes or continuing to ride your Pave Bike with damaged parts, will deem the warranty null and void, as modifications and broken parts may cause the Pave Bike to malfunction and risk the safety of the rider. We will not be liable and/or responsible for any damage, failure or loss caused by service performed on the Pave Bike not performed by Pave Motors. Age Limit.
Pave Bikes are designed to be used and operated by adults (+18 years old). Consult your physician before purchase and use.
License, Registration, and Insurance. Before using any Pave Bike, you agree to: (a) review all applicable local regulations related to your Pave Bike, including regulations requiring certain licenses, registrations, and/or insurance; and (b) to follow all such regulations and all applicable laws related to your Pave Bike. Please be aware that your current insurance policies may not provide coverage for accidents involving the use of the Pave Bike. To determine if your current policy provides such coverage, you should contact your insurance company or agent. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR, AND NOT PAVE MOTORS', RESPONSIBILITY TO OBTAIN ANY REQUIRED LICENSES, REGISTRATIONS, AND/OR INSURANCE, AND PAVE MOTORS DISCLAIMS ALL LIABILITY RELATED TO SUCH LICENSES, REGISTRATIONS, AND INSURANCE.
Manual
Upon receiving your Pave Bike, please read the entire manual and any other documentation provided therewith carefully. If you are uncertain about any section, please contact us directly to obtain additional information. You agree and understand that incorrect assembly, maintenance, or use of your Pave Bike can cause component or performance failure, loss of control, serious injury, or death. TO THE FULL EXTENT PERMITTED BY LAW, PAVE MOTORS DISCLAIMS ALL LIABILITY RELATED TO YOUR ASSEMBLY, MAINTENANCE, AND USE OF YOUR PAVE BIKE.
Battery Safety Measures. You agree that you shall: (a) follow our manual instructions and charge the battery in accordance with such manual; (b) only use the battery that is designed for the exact Pave Bike you purchased; (c) not charge your battery overnight; (d) never stack or use multiple batteries together; (d) switch off battery connections when you are not riding your Pave Bike or charging your battery; (e) not use any charging cord, equipment, or mechanism not provided to you by Pave Motors; (f) ensure that your battery is kept at room temperature; and (g) not place batteries in direct sunlight, in any space where such batteries are likely to overheat or catch fire.
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us (whether oral or written), including, but not limited to, feedback, questions, comments, suggestions, testimonials, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of Services that incorporate such information without compensation or attribution to you.
ALL PRODUCTS, SERVICES, CONTENT AND OTHER INFORMATION OFFERED ON OR ACCESSIBLE FROM OR THROUGH THE WEBSITE ARE PROVIDED BY PAVE MOTORS ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
PAVE MOTORS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS, SERVICES AND THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PAVE MOTORS DOES NOT WARRANT THAT: (1) THE INFORMATION PROVIDED THROUGH THE SERVICES IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING FROM THE SERVICES, PRODUCTS, OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (II) ANY DIRECT DAMAGES NOT ATTRIBUTABLE TO PERSONAL INJURIES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE, SERVICES, CONTENT, OR THE PRODUCTS SHALL BE LIMITED TO THE AMOUNTS YOU HAVE PAID TO PAVE MOTORS FOR USE OF THE WEBSITE DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR FIFTY UNITED STATES DOLLARS (US $50). YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES, THE WEBSITE, THE PRODUCTS, THE CONTENT, OR OTHERWISE ARISING OUT OF RELATED TO THESE TERMS OF USE, OR PAVE MOTORS' SERVICES MUST COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN LIABILITIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
OTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Pave Motors, our affiliates, and our and their respective officers, managers, partners, employees, and agents from and against any and all losses, civil penalties, liabilities, damages, judgments, costs, and expenses, including reasonable attorney’s fees and court costs, incurred in connection with any proceeding, claim, or action arising out of or related to (i) your breach of these Terms of Use; (ii) your misuse of the Website, Products, Content or Services; (iii) your violation of any applicable law or regulation; and/or (v) your violation of any third-party rights, including, without limitation, any copyright, trademark, property, publicity, or privacy right.
The Services are based in the United States. We make no claims concerning whether the Services are accessible, or whether Content may be downloaded, viewed, or be appropriate for use, or Purchases may be made, outside of the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
These Terms of Use and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
In the event of a dispute arising between you and Pave Motors under or relating to this Agreement or the Products or Services (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT'S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by you and Pave Motors, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS' Streamlined Arbitration Rules and Procedures. All applicable JAMS' rules and procedures are available at the JAMS website www.jamsadr.com. Each of you and Pave Motors will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator's award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 11 below, nothing in these Terms of Use will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms of Use. We may, without waiving any other remedies under these Terms of Use, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York for purposes of any such action by us.
The Website may contain links to third-party websites (“External Websites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. The content of such External Websites is developed and provided by others. You should contact the site administrator or webmaster for those External Websites if you have any concerns regarding such links or any content located on such External Websites. We are not responsible for the content of any linked External Websites and do not make any representations regarding the content or accuracy of materials on such External Websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Websites, you do so at your own risk.
These Terms of Use are effective as of the last updated date stated at the top. We may change these Terms of Use from time to time with or without notice to you. Any such changes will be posted on the Website. By accessing the Services after we make any such changes to these Terms of Use, you are deemed to have accepted such changes. Please refer back to these Terms of Use on a regular basis.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms of Use and the Services, and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. Sections 2 and Sections 4-17 shall survive the termination of these Terms of Use.
No failure or delay by Pave Motors in exercising any right or remedy under the Terms of Use will operate, or be deemed to operate, as a waiver of any such right or remedy. If any provision of the Terms of Use is found invalid or unenforceable by a court of competent jurisdiction, that provision will be amended, and the remainder of the Terms of Use will remain in full force and effect. The Terms of Use constitutes the final and complete agreement between you and Pave Motors regarding the subject matter hereof, and supersede any prior or contemporaneous communications, representations, or agreements between us, whether oral or written, including, without limitation, any confidentiality or non-disclosure agreements. Headings are for convenience only and shall not be used to limit or interpret the meaning of any of the provisions of the Terms of Use.
If you have questions about the Terms of Use or our Services, please contact us via email at contact@pavemotors.com.
Copyright 2023 Pave Motors, Inc. All rights reserved
By accepting these Terms of Use, accessing or using our Services, placing an order for any Product or otherwise manifesting your assent to these Terms of Use, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference. If you do not agree to any of these terms, then please do not use the Services.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
1. COMMUNITY GUIDELINES.
To provide you with the Services, we need to build a community with a few simple guidelines. By accessing the Services you agree to comply with these community guidelines (the “Community Guidelines”) and that:
- You are 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review these Terms of Use with your parent or guardian to make sure that you and your parent or guardian understand it. If you are under the age of 13, you may use the Services only with the consent of your parent or guardian;
- You will comply with all applicable laws in your use of the Products and Services and will not use the Products or Services for any unlawful purpose;
- You will not access or use the Services to collect any market research for a competing business;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with, or attempt to interrupt the proper operation of, the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Content (defined below), data, files, or passwords related to the Website through hacking, password or data mining, or any other means;
- You will not decompile, reverse engineer, or disassemble any software or processes accessible through the Website;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Website;
- You will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
- You will not remove or modify any proprietary markings or restrictive legends placed on the Website; and
- You will not introduce, post, or upload to the Website any Harmful Code. As used herein, “Harmful Code” means computer code, programs, or programming devices that are intentionally designed to disrupt, modify, access, delete, damage, deactivate, disable, harm, or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of the Services, or any other associated software, firmware, hardware, computer system, or network (including, without limitation, “Trojan horses,” “viruses,” “worms,” “time bombs,” “time locks,” “devices,” “traps,” “access codes,” or “drop dead” or “trap door” devices) or any other harmful, malicious, or hidden procedures, routines or mechanisms that would cause the Website to cease functioning or to damage or corrupt data, storage media, programs, equipment, or communications, or otherwise interfere with the operations of the Website.
2. INTELLECTUAL PROPERTY.
The Services contain material, such as software, text, graphics, images, and other material provided by or on behalf of Pave Motors (collectively referred to as the “Content”). The Services and the Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, Pave Motors and our licensors exclusively own all right, title, and interest in and to the Services and the Content, including all associated intellectual property rights.
Subject to the terms and conditions of these Terms of Use, Pave Motors grants you a limited, non-transferable, non-exclusive, license to access and use the Services and the Content solely for your personal purposes. You may not (i) remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or the Content, or (ii) sell, transfer, assign, license, sublicense, or modify the Services or the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Services or Content in any way for any public or commercial purpose.
The trademarks, service marks, and logos of Pave Motors (the “Pave Motors Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Pave Motors. Other company and service names located on the Services may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with Pave Motors Trademarks, the “
- Trademarks
Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
3. PURCHASE TERMS AND PAYMENT
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS 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 PAVE MOTORS, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
Order Acceptance and Cancellation. You are under no obligation to purchase any Products from us. 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. Verification information may be required prior to the acceptance of an order. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the Products you have ordered. If your Purchase is declined or canceled, you will be notified and your payment will be refunded.
Prices and Payment Terms. All prices, discounts, and promotions posted on this 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 and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. 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 and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may offer, from time to time, promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We accept Visa, Mastercard, American Express, Discover & Diners for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
Payment Processing. By making a Purchase, you agree to pay Pave Motors through our third-party payment vendor, Stripe (“Payment Processor”), all charges at the prices then in effect, where applicable any taxes or other fees in connection with the Purchase in the manner specified in the payment terms Payment is due immediately upon making a Purchase. By making a Purchase, you agree to Stripe's terms and conditions and privacy policy, which are available at https://stripe.com/legal and https://stripe.com/us/privacy,respectively.
Shipments; Delivery; Title and Risk of Loss. We will arrange for shipment of the Products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Returns and Refunds. Except for any Products designated on the Website as final sale or non-returnable, we will accept a return of any Product for a refund of your purchase price, less the original shipping and handling costs provided that such return, provided that such return: (i) is made within 7 days of delivery; (ii) includes valid proof of purchase, including original packaging documents and invoice; and (iii) such Productis returned in its original condition and in fully intact original packaging. To return any Product, you must email our Returns Department at contact@pavemotors.com to obtain a Return Merchandise Authorization ("RMA") number before shipping your Product. No returns of any type will be accepted without an RMA number. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. All returns are subject to a 20% restocking fee. Refunds are processed within a reasonable time after our receipt of the returned Product. Your refund will be credited back to the same payment method used to make the original purchase on the Website. Please note that Pave Motors will not reimburse any customs costs you have incurred or any similar charges in connection with your purchase or return. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS WEBSITE AS NON-RETURNABLE. Goods Not for Resale or Export. You represent and warrant that you are buying Products from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
4. ADDITIONAL TERMS APPLICABLE TO PAVE BIKES
Product Warranty. Pave motors offers a limited manufacturer's warranty on its Pave Bikes. The warranty starts the day the Pave Bike is delivered to you and continues for two years or until the Pave Bike has reached 30,000 km, whichever comes first. This warranty applies only if the Pave Bike has been operated according to proper use and under normal operating conditions. We do not cover misuse or broken parts caused by you or by any other event. Any Pave Bikes that were not purchased from Pave Motors will not be covered. We will not cover any damage or defects resulting from failure to follow instructions in the applicable owner's manual or other documentation (as provided by Pave Motors from time to time), accident, carelessness, misuse, neglect, abuse, neglect, commercial use, alterations, modifications, improper assembly, installation of parts or accessories not originally intended for the Pave Bike or not authorized by Pave Motors or using the Product in any way other than intended. We also will not cover any Pave Bikes that were used in off-road applications. Any modification to the Pave Bikes or continuing to ride your Pave Bike with damaged parts, will deem the warranty null and void, as modifications and broken parts may cause the Pave Bike to malfunction and risk the safety of the rider. We will not be liable and/or responsible for any damage, failure or loss caused by service performed on the Pave Bike not performed by Pave Motors. Age Limit.
Pave Bikes are designed to be used and operated by adults (+18 years old). Consult your physician before purchase and use.
License, Registration, and Insurance. Before using any Pave Bike, you agree to: (a) review all applicable local regulations related to your Pave Bike, including regulations requiring certain licenses, registrations, and/or insurance; and (b) to follow all such regulations and all applicable laws related to your Pave Bike. Please be aware that your current insurance policies may not provide coverage for accidents involving the use of the Pave Bike. To determine if your current policy provides such coverage, you should contact your insurance company or agent. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR, AND NOT PAVE MOTORS', RESPONSIBILITY TO OBTAIN ANY REQUIRED LICENSES, REGISTRATIONS, AND/OR INSURANCE, AND PAVE MOTORS DISCLAIMS ALL LIABILITY RELATED TO SUCH LICENSES, REGISTRATIONS, AND INSURANCE.
Manual
Upon receiving your Pave Bike, please read the entire manual and any other documentation provided therewith carefully. If you are uncertain about any section, please contact us directly to obtain additional information. You agree and understand that incorrect assembly, maintenance, or use of your Pave Bike can cause component or performance failure, loss of control, serious injury, or death. TO THE FULL EXTENT PERMITTED BY LAW, PAVE MOTORS DISCLAIMS ALL LIABILITY RELATED TO YOUR ASSEMBLY, MAINTENANCE, AND USE OF YOUR PAVE BIKE.
Battery Safety Measures. You agree that you shall: (a) follow our manual instructions and charge the battery in accordance with such manual; (b) only use the battery that is designed for the exact Pave Bike you purchased; (c) not charge your battery overnight; (d) never stack or use multiple batteries together; (d) switch off battery connections when you are not riding your Pave Bike or charging your battery; (e) not use any charging cord, equipment, or mechanism not provided to you by Pave Motors; (f) ensure that your battery is kept at room temperature; and (g) not place batteries in direct sunlight, in any space where such batteries are likely to overheat or catch fire.
5. COMMUNICATIONS WITH US
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us (whether oral or written), including, but not limited to, feedback, questions, comments, suggestions, testimonials, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of Services that incorporate such information without compensation or attribution to you.
6. GENERAL DISCLAIMER; LIMITATION OF LIABILITY.
ALL PRODUCTS, SERVICES, CONTENT AND OTHER INFORMATION OFFERED ON OR ACCESSIBLE FROM OR THROUGH THE WEBSITE ARE PROVIDED BY PAVE MOTORS ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
PAVE MOTORS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS, SERVICES AND THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PAVE MOTORS DOES NOT WARRANT THAT: (1) THE INFORMATION PROVIDED THROUGH THE SERVICES IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING FROM THE SERVICES, PRODUCTS, OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (II) ANY DIRECT DAMAGES NOT ATTRIBUTABLE TO PERSONAL INJURIES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE, SERVICES, CONTENT, OR THE PRODUCTS SHALL BE LIMITED TO THE AMOUNTS YOU HAVE PAID TO PAVE MOTORS FOR USE OF THE WEBSITE DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR FIFTY UNITED STATES DOLLARS (US $50). YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES, THE WEBSITE, THE PRODUCTS, THE CONTENT, OR OTHERWISE ARISING OUT OF RELATED TO THESE TERMS OF USE, OR PAVE MOTORS' SERVICES MUST COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN LIABILITIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
OTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
7. INDEMNIFICATION.
You agree to indemnify, defend, and hold harmless Pave Motors, our affiliates, and our and their respective officers, managers, partners, employees, and agents from and against any and all losses, civil penalties, liabilities, damages, judgments, costs, and expenses, including reasonable attorney’s fees and court costs, incurred in connection with any proceeding, claim, or action arising out of or related to (i) your breach of these Terms of Use; (ii) your misuse of the Website, Products, Content or Services; (iii) your violation of any applicable law or regulation; and/or (v) your violation of any third-party rights, including, without limitation, any copyright, trademark, property, publicity, or privacy right.
8. COMPLIANCE WITH APPLICABLE LAWS.
The Services are based in the United States. We make no claims concerning whether the Services are accessible, or whether Content may be downloaded, viewed, or be appropriate for use, or Purchases may be made, outside of the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
9. CONTROLLING LAW.
These Terms of Use and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
10. BINDING ARBITRATION.
In the event of a dispute arising between you and Pave Motors under or relating to this Agreement or the Products or Services (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT'S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by you and Pave Motors, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS' Streamlined Arbitration Rules and Procedures. All applicable JAMS' rules and procedures are available at the JAMS website www.jamsadr.com. Each of you and Pave Motors will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator's award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 11 below, nothing in these Terms of Use will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
11. CLASS ACTION WAIVER.
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
12. EQUITABLE RELIEF.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms of Use. We may, without waiving any other remedies under these Terms of Use, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York for purposes of any such action by us.
13. EXTERNAL WEBSITES.
The Website may contain links to third-party websites (“External Websites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. The content of such External Websites is developed and provided by others. You should contact the site administrator or webmaster for those External Websites if you have any concerns regarding such links or any content located on such External Websites. We are not responsible for the content of any linked External Websites and do not make any representations regarding the content or accuracy of materials on such External Websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Websites, you do so at your own risk.
14. CHANGES TO THE AGREEMENT.
These Terms of Use are effective as of the last updated date stated at the top. We may change these Terms of Use from time to time with or without notice to you. Any such changes will be posted on the Website. By accessing the Services after we make any such changes to these Terms of Use, you are deemed to have accepted such changes. Please refer back to these Terms of Use on a regular basis.
15. TERMINATION OF THE TERMS OF USE.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms of Use and the Services, and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. Sections 2 and Sections 4-17 shall survive the termination of these Terms of Use.
16. GENERAL.
No failure or delay by Pave Motors in exercising any right or remedy under the Terms of Use will operate, or be deemed to operate, as a waiver of any such right or remedy. If any provision of the Terms of Use is found invalid or unenforceable by a court of competent jurisdiction, that provision will be amended, and the remainder of the Terms of Use will remain in full force and effect. The Terms of Use constitutes the final and complete agreement between you and Pave Motors regarding the subject matter hereof, and supersede any prior or contemporaneous communications, representations, or agreements between us, whether oral or written, including, without limitation, any confidentiality or non-disclosure agreements. Headings are for convenience only and shall not be used to limit or interpret the meaning of any of the provisions of the Terms of Use.
17. HOW TO CONTACT US.
If you have questions about the Terms of Use or our Services, please contact us via email at contact@pavemotors.com.
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