Last Updated: June 2, 2021
SECTION 15 OF THIS AGREEMENT IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 15 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT.
This Agreement is subject to occasional revision. If we make any substantial changes, we may require you to accept the changes, notify you by sending you an e-mail, as explained in Section 16.6), and/or by prominently posting notice of the changes on the Services. Any changes to this Agreement will be effective upon the earliest of when you provide your acceptance of the changes, thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable), and thirty (30) calendar days following our posting of notice of the changes on the Services. The changes will be effective immediately for new users of the Services. Continued use of our Services following notice of such changes shall indicate your acknowledgement and acceptance of such changes and agreement to be bound by the terms and conditions of such changes.
- Registration. When registering an account for the Services (“Account”), you agree to provide only true, accurate, current and complete information requested by the registration form (the “Registration Data”) and to promptly update the Registration Data thereafter as necessary to keep it current. No part of the Services is directed to persons under the age of 16. IF YOU ARE UNDER 16 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICES AT ANY TIME OR IN ANY MANNER, INCLUDING THE CREATION OF AN ACCOUNT.
You represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password with anyone. You further agree to notify Guardian Bikes immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services. You further agree that you will not maintain more than one Account at any given time.
- 2.1 Order Acceptance.Each part of an order that you submit to Guardian Bikes constitutes an offer to purchase. Guardian Bikes' confirmation of receipt of your order does not constitute Guardian Bikes' acceptance of your order. Guardian Bikes is only deemed to have accepted your order with respect to each product you ordered (each a “Product”) once the Product(s) you ordered have been shipped. If you do not receive an email from Guardian Bikes confirming receipt of an order that you placed, please contact Guardian Bikes at firstname.lastname@example.org before you attempt to place another order.
- 2.2 Order Rejection and Cancellation.Although we strive to accept all valid orders, Guardian Bikes reserves the right to reject or cancel any order for any reason, including if: (i) we discover an error in pricing and/or other information about the Product; (ii) we receive insufficient or erroneous billing, payment, and/or shipping information, (iii) we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, (iv) the ordered Product is unavailable due to discontinuance or otherwise; or (v) the order is connected with a previous payment dispute.
- 2.3 Order Cancellation You may cancel any order that you place at any time prior to its acceptance by Guardian Bikes. Upon a cancellation of your order, whether by you or Guardian, we will provide you a refund for the amount paid for the Product.
- 2.4 Risk of Loss. All purchases of Products from Guardian Bikes are made pursuant to a shipment contract such that the risk of loss and title for such items pass to you upon Guardian Bikes’ delivery of the purchased Product to the carrier.
- 2.5 Restrictions on Resale.To protect the intellectual property rights of Guardian Bikes and its licensors and suppliers, any resale of Products for personal and/or business profit is strictly prohibited. Guardian Bikes reserves the right to decline any order that we deem to possess characteristics of reselling.
Fees and Purchase Terms.
- 3.1 Payment. You agree to pay all fees or charges to your Account and/or any order that you place in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You also agree to pay all applicable taxes with respect to any purchases you make on the Services. You must provide Guardian Bikes with valid payment information in connection with your orders. By providing Guardian Bikes with your payment information, you agree that (i) Guardian Bikes is authorized to immediately invoice your Account for all fees and charges due and payable to Guardian Bikes hereunder, (ii) Guardian Bikes is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services, including without limitation, Stripe, Authorize.net, and Recharge), and (iii) no additional notice or consent is required for the foregoing authorizations. You agree to immediately notify Guardian Bikes at email@example.com of any change in your payment information for any outstanding orders. Guardian Bikes reserves the right at any time to change its prices and billing methods. Please contact firstname.lastname@example.org regarding any billing disputes.
- 3.2 Refunds. Except as set forth in Section 2.3 or in any separate refund policy posted on the Services, all fees are non-refundable.For information on our Return Policy for Products purchased through the Services, please visit https://guardianbikes.com/pages/return-policy.
- 3.4 Discounts and Promo Codes.We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits on the Services (“Promo Codes”). The use of Promo Codes is subject to any additional terms that we may establish with respect to a Promo Code. Unless otherwise expressly stated, Promo Codes may only be used once per person. Only Promo Codes sent to you through official Guardian Bikes communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use.
- 4.1 Responsible Party for Content.You acknowledge that all content on the Services is the sole responsibility of the party from whom such content originated. This means that each User is entirely responsible for all content that that a User submits to or makes available on or through the Services (“User Content”). Guardian Bikes has no obligation to pre-screen any User Content. You use all User Content and interact with other Users at your own risk. Without limiting the foregoing, Guardian Bikes reserves the right in its sole discretion to pre-screen, refuse, or remove any content.
- 4.2 Ownership of Your Content.Guardian Bikes does not claim ownership of any User Content you make available on the Services (“Your Content”). However, when you as a User post or publish Your Content on or in the Services, you represent that you have all of the necessary rights to grant Guardian Bikes the license set forth in Section 4.3 with respect to such User Content. Except with respect to Your Content, you agree that you have no right or title in or to any content that appears on or in the Services.
- 4.3 License to Your Content.Subject to any applicable Account settings, you hereby grant Guardian Bikes a right to copy, use, and display Your Content (in whole or in part) and create derivative works from Your Content for purposes of operating and providing the Services. Note that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Services.
- 4.4 Reviews.The Services host User Content that is related to reviews of certain Users. Such reviews are opinions and are not the opinion of Guardian Bikes, have not been verified by Guardian Bikes, and each User should undertake his or her own research to be satisfied concerning any specific User. You agree that Guardian Bikes is not liable for such User Content. Guardian Bikes shall have the right, but not the obligation to monitor or review any reviews at any time. Guardian Bikes reserves the right to refuse to post or remove any material submitted or posted in any review. Notwithstanding the foregoing, you acknowledge that Guardian Bikes is under no obligation to edit or modify any information available in any reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a review. Guardian Bikes does not assume liability for reviews or for any claims for economic loss resulting from such ratings and reviews.
- 4.5 Other Restrictions on User Conduct.You agree not to use the Services for any purpose prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third-party to) (a) take any action or (b) make available any content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Guardian Bikes' prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (v) impersonates any person or entity, including any employee or representative of Guardian Bikes.
- Feedback. You agree that your submission to Guardian Bikes of any ideas, feedback, or suggestions regarding Guardian Bikes or its products or services (“Feedback”) is at your own risk and that Guardian Bikes has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Guardian Bikes a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.
Ownership of and License to Use Services.
- 6.1 Use of the Services. Except with respect to Your Content, Guardian Bikes and its suppliers or licensors own all rights, title and interest in and to the Services and all content made available thereon or included therein. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, Guardian Bikes grants you a limited license to use the Services solely for your personal non-commercial purposes. Any future release, update or other addition to the Services shall be subject to this Agreement. Guardian Bikes, and its suppliers and licensors reserve all rights not expressly granted in this Agreement.
- 6.2 Trademarks.Guardian Bikes' stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Guardian Bikes and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
- Restrictions on Use of the Services. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Services or any portion of Services; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using Guardian Bikes’ name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services; (f) you shall not access Services in order to build similar or competitive products or services; (g) except as expressly stated herein, no part of Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Services. Any unauthorized use of Services terminates the licenses granted by Guardian Bikes pursuant to this Agreement. The foregoing sentence is not exclusive of any other rights or remedies that may be available to Guardian Bikes under law, equity, statute, or otherwise.
- Third-Party Services. The Services may contain links to third-party services such as third party websites, applications, or ads (“Third-Party Links”). When you click on such a link, we will not warn you that you have left the Services. Guardian Bikes does not control and is not responsible for Third-Party Links. Guardian Bikes provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, information, products or services accessible through such Third Party Links. Your use of all Third-Party Links is at your own risk.
- Indemnification. You agree to indemnify and hold Guardian Bikes, its parents, subsidiaries, affiliates, officers, employees, contractors, agents, business partners, and licensors (collectively, the “Guardian Bikes Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your misuse of the Services; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Guardian Bikes reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Guardian Bikes in asserting any available defenses. This provision does not require you to indemnify any of the Guardian Bikes Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this Section will survive any termination of this Agreement or your access to the Services.
Disclaimer of Warranties and Conditions.
10.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. GUARDIAN BIKES PARTIES EXPRESSLY DISCLAIM, EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM THE PRODUCTS AND SERVICES. This Section 10 does not affect in any way our return policy, available at https://guardianbikes.com/pages/return-policy, or limited warranty for goods purchased on the Website, available at https://guardianbikes.com/pages/warranty-policy. If for any reason you are not satisfied with a purchase you make on the Website, please return it in accordance with the terms of our return policy or limited warranty, as applicable.
- a. GUARDIAN BIKES PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
- b. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
- c. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. GUARDIAN BIKES MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
- d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GUARDIAN BIKES OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- 10.2 Product Disclaimer. Descriptions, images, references, features, content, specifications, products, prices, and availability of any Products are subject to change without notice. Our current prices can be found on the Services. We make reasonable efforts to accurately display the attributes of our Products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any Products on the Services at a particular time does not imply or warrant that these Products will be available at any time.
- 10.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. GUARDIAN BIKES PARTIES EXPRESSLY DISCLAIM, EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM THE PRODUCTS AND SERVICES. This Section 10 does not affect in any way our return policy, available at https://guardianbikes.com/pages/return-policy, or limited warranty for goods purchased on the Website, available at https://guardianbikes.com/pages/warranty-policy. If for any reason you are not satisfied with a purchase you make on the Website, please return it in accordance with the terms of our return policy or limited warranty, as applicable.
Limitation of Liability.
- 11.1 Disclaimer of Certain Damages.YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL GUARDIAN BIKES PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT GUARDIAN BIKES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT ON ANY THEORY OF LIABILITY, RESULTING FROM ANY MATTER RELATED TO THE SERVICES OR PRODUCTS, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A GUARDIAN BIKES PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A GUARDIAN BIKES PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A GUARDIAN BIKES PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
- 11.2 Cap on Liability.TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL GUARDIAN BIKES PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO Guardian Bikes by you during the one-month period prior to the act, omission or occurrence giving rise to such liability; (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES; or (c) One hundred dollars ($100). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A GUARDIAN BIKES PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A GUARDIAN BIKES PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A GUARDIAN BIKES PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
- 11.4 Basis of the Bargain.The limitations of damages set forth above are fundamental elements of the basis of the bargain between Guardian Bikes and you.
- Procedure for Making Claims of Copyright Infringement. If you believe content posted on the Services infringes your copyright rights, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Correspondence to our Copyright Agent regarding notice of claims of copyright infringement should be addressed to: Guardian Bikes, Attn: Copyright Agent, 407 Radam Ln, Bldg E, Austin TX, 78745.
- TERMINATION. At its sole discretion, Guardian Bikes may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, Guardian Bikes reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress in the event that you have breached this Agreement. You may terminate this Agreement and your Account at any time by emailing email@example.com. Any termination of your Account or this Agreement by you automatically terminates your right to Use the Services. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you and unpaid amounts you owe to Guardian Bikes for any purchases will remain due.
- International Users. The Services can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that Guardian Bikes intends to announce or promote the availability of such services or content in your country. Services are controlled and offered by Guardian Bikes from its facilities in the United States of America. Guardian Bikes makes no representations that Services are appropriate or available for use in other locations. Those who access or use Services from other countries do so at their own volition and are responsible for compliance with local law.
- Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Guardian Bikes and limits the manner in which you can seek relief from us.
- 15.1 Applicability of Arbitration Agreement.You agree that any dispute, claim or request for relief relating in any way to the Products, Services, or this Agreement, will be resolved by binding arbitration, rather than in court, except that (1) you and we may assert claims in small claims court if the claims qualify; and (2) you or Guardian Bikes may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
- 15.2 Arbitration Rules and Forum.The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Corporation Service Company, 251 Little Falls Drive, Wilmington, Delaware 19808. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at jamsadr.comor by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and you cannot obtain a waiver from JAMS, Guardian Bikes will pay them for you.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the U.S. county where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- 15.3 Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and Guardian Bikes. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual party under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- 15.4 Waiver of Jury Trial.YOU AND Guardian Bikes HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Guardian Bikes are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 15.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- 15.5 Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OR MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a given dispute, claim, or request for relief, then that dispute, claim, or request for relief must be severed from the arbitration and brought in the State or Federal Courts located in the State of California. All other disputes, claims, or requests for relief will be arbitrated.
- 15.6 30-Day Right to Opt Out.You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to the following address: Guardian Bikes, 407 Radam Ln, Bldg E, Austin TX, 78745 or email to firstname.lastname@example.org within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.
- 15.7 Severability. Except as provided in Section 15.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- 15.8 Survival of Agreement.This Arbitration Agreement will survive the termination or expiration of the Agreement or your relationship with Guardian Bikes.
- 15.9 Modification.Notwithstanding any provision in this Agreement to the contrary, we agree that if Guardian Bikes makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Guardian Bikes at the following address: Guardian Bikes 407 Radam Ln, Bldg E, Austin TX, 78745.
- 16.1 Electronic Communications. The communications between you and Guardian Bikes use electronic means, whether you visit Services or send Guardian Bikes e-mails, or whether Guardian Bikes posts notices on Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Guardian Bikes in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications related to these Agreement that Guardian Bikes provides to you electronically satisfy any legal requirement that such communications would satisfy if they were made in writing in a physical document. The foregoing does not affect your statutory rights.
- 16.2 Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Guardian Bikes’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
- 16.3 Force Majeure. Guardian Bikes shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- 16.4 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Guardian Bikes agree that all claims and disputes arising out of or relating to this Agreement or the Services will be litigated exclusively in the state courts located in Orange County, California or federal courts located in the Central District of California.
- 16.5 Governing Law. This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of CALIFORNIA, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to thIS Agreement.
- 16.6 Notice. Where Guardian Bikes requires that you provide an e-mail address, you are responsible for providing Guardian Bikes with your most current e-mail address. In the event that the last e-mail address you provided to Guardian Bikes is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, Guardian Bikes’ dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Guardian Bikes at the following address: Guardian Bikes, 407 Radam Ln, Bldg E, Austin TX, 78745. Such notice shall be deemed given when received by Guardian Bikes by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
- 16.7 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at: Guardian Bikes, 407 Radam Ln, Bldg E, Austin TX, 78745 or e-mail to email@example.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.