- Ebike Safety and Waiver of Liability
Please read carefully before purchasing or using our Products. If you do not comply with these Terms, you accept full responsibility for any personal injury or property damage resulting from your use of the Products and agree to waive any related claims to the fullest extent of the law.
a. Minimum Operator Age
Our ebikes are not intended for anyone under the age of 16. Operating an ebike requires a certain level of judgment and skill. You are responsible for ensuring that the rider is of legal age and complies with local laws and regulations.
b. Minor Use Disclaimer
If a minor operates an ebike, both the minor and their parent/guardian assume full responsibility for any consequences, including injuries or property damage, and waive any related claims to the fullest extent allowed by law.
c. Helmet and Safety Equipment
Wearing a properly fitted helmet is essential. Many jurisdictions also require additional safety gear. You are responsible for ensuring compliance with local safety regulations.
d. Pre-Ride Inspection
Ebike components may loosen with use. You must inspect the bike before every ride and follow the maintenance guidelines in your owner’s manual. Failure to do so may result in injury or death.
e. Inherent Risk
Using any bike, ebike, or similar product carries inherent risk, including the risk of serious injury or death. You accept full responsibility for all risks associated with the use of our Products.
f. Proper Assembly and Maintenance
Improper assembly or maintenance can lead to failure, injury, or death. You must read and follow the entire owner’s manual and supporting documentation.
g. Battery and Charger Safety
Do not use damaged batteries or chargers. Stop using and contact us if your battery or charger is damaged, overheating, exposed to water, or otherwise abnormal. Dispose of any damaged components in accordance with local regulations.
h. Liability Waiver
To the fullest extent allowed by law, you agree to release and hold harmless Mountain City E-Bikes from all claims arising from injury, death, or damage due to the use or misuse of any Product, including any defects in design, manufacturing, or maintenance. - Limitation of Liability
Our liability is limited to losses that directly result from our breach of these Terms and only to the purchase price of the Products that caused the issue. We are not liable for indirect or consequential damages and are not responsible for losses arising from your actions or omissions.
We recommend checking with your insurance provider to determine whether your policy covers ebike use. See Section 5 for our waiver of subrogation requirement. - Disclaimer of Certain Damages
To the maximum extent allowed by law, Mountain City E-Bikes and its affiliates are not liable for indirect, incidental, special, or punitive damages; lost profits; business interruption; personal injury; property damage; or other losses resulting from or related to your use of the Products. - Acknowledgement and Indemnification
You acknowledge the inherent risks of using our Products. You agree to release, defend, and indemnify Mountain City E-Bikes and its employees, owners, partners, and suppliers from any claims, damages, or legal costs arising from:
(a) your use or misuse of the Products,
(b) your violation of these Terms, or
(c) your violation of any rights or laws. - Waiver of Subrogation
You agree to maintain your own insurance coverage and expressly waive—and will require your insurers to waive—any right of subrogation against Mountain City E-Bikes and its affiliates. This means your insurer cannot seek reimbursement from us for covered losses. - Dispute Resolution and Binding Arbitration
By purchasing our Products, you agree to resolve any disputes through binding arbitration on an individual basis. You waive your right to a trial by jury or to participate in a class or representative action.
a. Covered Claims
This includes all past, present, and future claims related to your purchase or use of our Products.
b. Small Claims Exception
You may still bring individual claims in small claims court if eligible.
c. Arbitration Fees
You and Mountain City E-Bikes will split arbitration fees equally.
d. Rules and Procedures
Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
e. Discovery
Discovery will be allowed in accordance with AAA rules.
f. Authority of Arbitrator
The arbitrator will have exclusive authority over all disputes related to these Terms, and their decision will be final and enforceable in court.
g. Class Action Waiver
All claims must be brought individually. Class or representative arbitration is not allowed.
h. Confidentiality
All arbitration proceedings will remain confidential, except where disclosure is legally required.
i. Governing Law
Arbitration will be governed by the Federal Arbitration Act. - Notices and Communications
We may send notices to you via our website or email. - Governing Law
These Terms and any disputes between you and Mountain City E-Bikes will be governed by the laws of the State of Oregon, without regard to conflict-of-law principles. - General Provisions
Section titles are for convenience only. If any part of these Terms is found to be unenforceable, the rest remains in full effect. Mountain City E-Bikes may assign these Terms at its discretion. You may not assign your rights. These Terms constitute the entire agreement between you and Mountain City E-Bikes and supersede any prior statements or representations.
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