Terms of service
Terms of service
Updated: August 25, 2022
OVERVIEW
This website is owned and operated by FattE, PBC, a Colorado Public Benefit Corporation /dba/ FattE-Bikes. Throughout the site, the terms “we”, “us” and “our” refer to FattE-Bikes. FattE-Bikes offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing Products from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Shopify. They provide us with the online e-commerce platform that allows us to sell our products (“Products”) and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least eighteen (18) years of age or older.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (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 always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain Products or services may be available exclusively online through the website. These Products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on this site is void where prohibited.
We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our 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 we make 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – CANCELLATION/RETURN POLICY
7.1 Return Policy:
Please keep in mind that your FattE-bike is a completely custom electric bike built to your specifications, so any returns do come with a fee. However, we are not satisfied unless you are completely satisfied, but we ask that you give your FattE-bike a few rides before coming to this conclusion. Should you decide your bike is not for you, please contact us within 14 days of delivery to make arrangements.
Due to current supply chain issues, we may not always be able to get you the accessories, small parts, or items requested in an order. We reserve the right to substitute or remove any accessories, items, or small parts in your order. We will refund you for any difference between the requested item in the order and the substituted item. Due to the nature of the customization of each bike, we are unable to offer full refunds in the event a requested item, accessory, or part is unavailable.
Upon receipt of any Electric bike orders within 14 days of delivery:
– Must be returned within 14 days of delivery date
– Must have less than 10 miles on the odometer
– To be eligible for a return, the bike must be unused, free from dirt, dust, and in the same packaging and condition that you received it
– Subject to a $500 non-refundable restocking fee.
– Customer pays shipping both ways if required. The E-bike must be packed with the original shipping material and box.
Accessory/replacement part orders:
- No returns after 30 days of receiving
- To be eligible for a return, the item must be unused, free from dirt, dust, and in the same packaging and condition that you received it
- Subject to a 25% restocking fee
- Customer pays shipping both ways
Used items:
- No returns, unless it falls under the warranty, see warranty details for restrictions
Non-returnable items:
- All merchandise (clothing, hats, etc)
- Special orders
- Sale items
- Gift cards
- Gifted orders
7.2 Authorization Requirements: Before a return is sent, the customer must have written approval of said return from FattE-Bikes. If a customer sends a return without the written consent of FattE-Bikes a refund will not be issued and the customer will have to pay shipping to get the item returned, or, sacrifice the item. If your approved return passes our inspection, you may receive an exchange, store credit, or a refund.
Please address your return to:
FattE-Bikes
2596 W Barberry Place Denver, CO 80204
If non-returnable items are returned without authorization from our Customer Experience team, they will be returned to the customer immediately and customer will be notified. Restocking fees may apply to unauthorized returns.
7.3 Canceling Your FattE-bike Order before receipt:
Please note that all bikes are customized with color and frame so if you cancel your order after seven (7) calendar days from purchase, we will charge a $250 cancellation fee.
Return Policy: If a refund request of any FattE-Bikes bike model purchase is made within seven (7) calendar days of said purchase, FattE-Bikes will refund the full amount. If cancellation occurs after 7 calendar days, a $250 cancellation fee will be incurred, unless frames have gone to painting and then an additional $500 will be added to the fee for a total of $750.
Please contact support@fattebikes.com as soon as possible, if you decide to cancel your order of a FattE-bike.
7.4 Refunds, Exchanges, and Store Credits: Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your return.
If you are approved, then your refund, exchange or store credit will be processed. For refunds, a credit will automatically be applied to your credit card or original method of payment, within 2-5 days. Returns received Friday-Sunday will ship out Monday. If a store credit is requested, a promo code will be issued to you via email. Your store credit is easily applied during checkout of your next order.
Late or missing refunds: There is often some processing time before a refund is posted. If you’ve checked with your bank and/or credit card company after 7 days and you still have not received your refund yet, please contact us at support@fattebikes.com
7.5 Sale Items: There are no returns for items on sale. All sale items are final sale, no refunds, exchanges or credits of any kind. If sale items are returned without authorization from our customer service, it will be returned to the customer immediately and customer will be notified. Restocking fees may apply to unauthorized returns.
7.6 Special Orders: Unfortunately, special orders are not returnable. Each special order is made specifically for each customer and are final sales, no refunds, exchanges or credits of any kind. If special orders are returned without expressed permission from our customer service, it will be returned to the customer immediately and customer will be notified. Restocking fees may apply to unauthorized returns. For international shipping of special orders, additional charges may apply to orders containing both in stock and special-order items.
7.7 Limited Warranty. All FattE-bikes come with a limited warranty. Please refer to your user’s manual and warranty documentation for more information.
SECTION 8 – OPTIONAL ACCESSORIES
We may provide you with access to third-party accessories over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party accessories.
Any use by you of optional accessories offered through the site is entirely at your own risk and discretion.
We may also, in the future, offer new services and/or features through the website (including, the release of new accessories and resources). Such new features, services, and accessories shall also be subject to these Terms of Service.
SECTION 9 – THIRD-PARTY LINKS AND CONTENT
Certain content, products, services and website functionalities available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Subject to Section 17 of these Terms, we take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
14.1 Technology Disclaimer: We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you. To the fullest extent permitted by law, you acknowledge and agree that we are not liable to you for damages, refunds, or any other remedy, should our site, content, Services or Products become unavailable, slow or incomplete for any reason. You agree that in the event of an interruption of the access to our website, we do not owe you any refunds or reimbursement. You acknowledge and agree that we are in no way obligated to continue operating our website and that we are not liable to you in any way for a decision to cease its operation.
14.2 General Disclaimer: You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all Products and services delivered to you through the Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. You acknowledge and agree that our content, Services and Products may not be suitable for all persons, businesses, locations, or specific situations.
We make no guarantees regarding the content presented on our site and your success with applying it. We do not guarantee any specific results through the use of our site, content, Services or Products, and we do not make any guarantees regarding your success from the application of our website, content, Services or Products.
Your decision to visit our site, use any of its content, our Services or our Products is voluntary, and you acknowledge and agree that we are not liable for any harm or damage to you, your health, your well-being, your business, or otherwise which may result from the use, whether direct or indirect, of our website, its content, our Services, or our Products.
14.3 Information Posted Disclaimer: Our website may include content provided by third parties, including online reviews, materials provided by other users, third-party licensors, syndicators, aggregators, and/or reporting services.
All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the FattE-Bikes, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of FattE-Bikes. Subject Section 17 of these Terms, we are not responsible, or liable to you or any third party, for the content, accuracy, or outcomes of any materials provided by any third parties.
14.4 Limitation on Liability. To the fullest extent provided by law, in no case shall FattE-Bikes, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, damage to property, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, replacement costs, or any other loss or damages of any kind, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any Products procured using the Services, or for any other claim related in any way to your use of the service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of such possibility of damage, injury or loss.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 – INTELLECTUAL PROPERTY RIGHTS
15.1 Definition: Our site 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), and any Products or Services sold or provided through our site are owned by FattE-Bikes, our 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.
15.2 Permitted Uses: These Terms of Service permit you to use the site 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 site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may either print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
15.3 Unpermitted Uses: 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.
- Access or use for any commercial purposes any part of the site or any Services, Products or materials available through the site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the site in breach of the Terms of Service, your right to use the site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the site or any content on the site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the site not expressly permitted by these Terms of Service is a breach of these Terms and may violate copyright, trademark, and other laws.
15.4 Requests: If you wish to make any use of material on our site other than that set out in this section, please address your request to: support@fattebikes.com.
SECTION 16 – TRADEMARKS
The FattE-Bikes names, logos, and all related names, logos, product and service names, designs, and slogans are trademarks of FattE, PBC, its owner, or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this site are the trademarks of their respective owners.
SECTION 17 – DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
We respect the intellectual property rights of others. If you believe that any material available on or through the site infringes upon any copyright you own or control, please immediately notify our designated copyright agent using the contact information provided at the end of these Terms of Service (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. If you are not sure that material located on or linked to by the Website infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our site are covered by the Notification, a representative list of such works on our site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
For full information regarding Notifications, please see: https://www.copyright.gov/512/.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless FattE-Bikes and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 19 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 21 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Colorado, United States.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or our website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in the City and County of Denver, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
SECTION 23 – ARBITRATION
23.1 Negotiation. For all disputes, please first give us an opportunity to resolve the dispute by emailing the following information to support@fattebikes.com: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within forty-five (45) days after receiving your notification, than you may pursue your dispute in arbitration.
23.2 Arbitration, If the dispute is not resolved as provided above, either party may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only and shall in no event be commenced as a class arbitration or a consolidated, collective, or representative action or arbitration, and the arbitrator shall only be empowered to hear individual claims. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration.
Because this Website and these Terms of Use concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
23.3 Fees. Each party shall bear its own costs; provided however, in the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Service, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees.
23.4 Survival. This arbitration provision shall survive the termination of these Terms of Service.
SECTION 24 – CLASS ACTION WAIVER
Any arbitration under these Terms of Service will take place on an individual basis; class arbitrations and class, representative, or collective actions are not permitted.
THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
Further, unless both you and FattE-Bikes agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
SECTION 25 – LIMITATION ON TIME TO FILE CLAIMS
TO THE EXTENT ALLOWABLE BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE 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.
SECTION 26 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 27 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@fattebikes.com.