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Terms & Conditions

Last Updated: September 12, 2023

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PLEASE NOTE THAT CLAUSE 9 LIMITS AND EXCLUDES OUR LIABILITY

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1.   ACCEPTANCE OF TERMS AND CONDITIONS.

By accessing our website or app (collectively the “Site”) through any medium, you acknowledge that you have read and understand and accept and agree to be bound by all conditions imposed in these Terms and Conditions. PedalAce reserves the right to modify these Terms and Conditions at any time. You should periodically check these Terms and Conditions for changes.

We reserve the right to change our terms at any time and it is your responsibility to check them regularly before using this Site.

PedalAce is based in the State of California in the United States. We provide the website and app for use by persons located in the United States. We make no claims that the website, app, or information provided therein is appropriate outside of the United States. Those who choose to access the app from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Our terms, and any contract between us, are only in the English language.

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2.   PRIVACY

We maintain a strict privacy policy in relation to the processing of personal data we collect about you. You consent to such processing, and you warrant that all data provided by you is accurate. Further information may be found in our Privacy Policy.

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3.   ACCESSING THIS SITE

We do not guarantee that this Site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue, or change all or any part of this Site without notice. We will not be liable to you if for any reason this Site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to this Site, including configuring your information technology, computer programs and platform to do so.

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4.   THE CONTENT OF THIS SITE

The content of this Site is for general information only. It is recommended you consult information provided by the manufacturer(s) of your electric bike and information provided by local, State, and Federal agencies regarding rules of the road. This Site is not intended to amount to advice on which you should exclusively rely. Your use of content on this Site is entirely at your own risk, for which we shall not be liable.

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Please note that access to the courses will expire within sixty (60) days from purchase.

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You further acknowledge and agree that operating an electric bike is an inherently dangerous activity, and that the information provided on our Site will not and cannot prevent or cause you to completely avoid danger or injury.

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We may update this Site or change the content at any time. However, please note that any of the content on this Site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that this Site, or any content on it, will be free from errors or omissions. We do not guarantee the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Site for any particular purpose.

 

5.   INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights on this Site and in the material published on it. This material includes, but is not limited to, the content, trade marks, branding, design, layout, look, appearance and graphics. All such rights are reserved. Reproduction is prohibited.

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6.   LINKING

You are granted a limited, revocable, and nonexclusive right to create a hyperlink so long as the link does not portray PedalAce or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any PedalAce logo or other proprietary graphic or trademark as part of the link without express written permission. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. PedalAce reserves the right to terminate any link found on the Site at any time.

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7.   VIRUSES

We do not guarantee that this Site will be secure or free from bugs or viruses. You should use your own virus protection software.

 

You must not misuse this Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to this Site, the server on which this Site is stored, or any server, computer or database connected to this Site.

 

You must not attack this Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Site will cease immediately.

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8.   CUSTOMER REIMBURSEMENT

1. Introduction. At PedalAce, we are committed to providing high-quality training courses to our valued customers. We understand that unforeseen circumstances may arise from time to time, and we have established this reimbursement policy to ensure fairness and customer satisfaction.

 

2. Eligibility. Customers who have personally enrolled, or enrolled their children, in our online electric bike training courses are eligible for reimbursement under the following circumstances:

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Technical Issues: If a customer encounters significant technical issues or disruptions that prevent them from accessing or completing the course, they may be eligible for reimbursement. Any technical issues must be reported to PedalAce immediately through the Contact Us page located at https://www.pedalace.com/contact. 

 

Dissatisfaction with the course: While we strive to provide valuable and comprehensive training, if a customer is dissatisfied with the course content, they may request reimbursement. Such requests are subject to review and approval by PedalAce, at PedalAce's discretion.

 

3. Reimbursement Process. The following steps must be followed:

Customers must reach out to PedalAce through the Contact Us page located at https://www.pedalace.com/contact within 30 days of the incident or course completion date and provide detailed information concerning the alleged issue and reimbursement request. PedalAce will review the request based on the conditions outlined in this policy, and may, if necessary, request additional information. Customers must promptly respond to any further requests for information by PedalAce.  After review, PedalAce will inform customers about the reimbursement decision and the total proposed reimbursement amount, if any.  If the reimbursement is approved, PedalAce will issue a refund to the original payment method.  If a customer encounters significant technical issues while trying to take the course, we will issue a full refund. If a customer is dissatisfied with the course content, the reimbursement amount will be decided on a case-by-case basis.  All refunds are subject to final approval by PedalAce.

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4. Limitations and Exclusions. Non-Transferable: Reimbursements are non-transferable and are only applicable to the original customer who enrolled in the course. Limited Liability: Our financial liability is limited to the course fees paid by the customer and does not extend to any indirect, consequential, or incidental damages.

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By enrolling in our online electric bike training course, customers agree to comply with the terms and conditions outlined in this reimbursement policy. PedalAce reserves the right to modify or update this reimbursement policy at any time.

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9.   LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO THIS SITE OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED.

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WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:

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  • USE OF, OR INABILITY TO USE, THIS SITE;

  • USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON THIS SITE;

  • LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;

  • LOSS OR CORRUPTION OF DATA, INFORMATION OR SOFTWARE;

  • BUSINESS INTERRUPTION;

  • LOSS OF ANTICIPATED SAVINGS;

  • LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR

  • ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.

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IF YOU ARE A CONSUMER USER, PLEASE NOTE THAT WE ONLY PROVIDE THIS SITE FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE THIS SITE FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

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WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,

COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS SITE OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT.

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FROM TIME TO TIME, THIS SITE MAY ALSO INCLUDE LINKS TO OTHER WEBSITES OPERATED BY THIRD PARTIES. THESE LINKS ARE PROVIDED FOR YOUR CONVENIENCE TO PROVIDE FURTHER INFORMATION. THEY DO NOT SIGNIFY THAT WE ENDORSE THE WEBSITE(S). WE HAVE NO RESPONSIBILITY FOR THE CONTENT OF THE LINKED WEBSITE(S).

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YOU AGREE THAT PEDALACE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OR INJURIES SUFFERED BY YOU AFTER TAKING OUR COURSE. OUR COURSE IS INTENDED TO CREATE AWARENESS OF OVERALL SAFETY AND RULES AND ROAD BUT IS NOT INTENDED TO AND CANNOT PREVENT ACCIDENTS OR INJURIES FROM OCCURRING. YOU AGREE TO RELEASE PEDALACE FROM ANY AND ALL LIABILITY RELATED TO INJURIES OR PROPERTY DAMAGE RELATED TO OR CAUSED BY ACCIDENTS WHILE RIDING AN ELECTRIC BIKE.

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10.   INDEMNIFICATION

You agree to indemnify, defend, and hold harmless, to the fullest extent provided by law, PedalAce and its agents, directors, shareholders, members, partners, managers, officers, employees, information providers, suppliers, distributors, vendors, contractors, licensors, attorneys, affiliates, successors and assigns (collectively, “Released Parties”) from and against all claims, demands, liabilities, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from, arising out of, or in connection with a) your use, unlawful use or other misuse, or inability to use the Site, your breach of this Agreement, and c) any injuries or otherwise relating to the business we conduct on the Site and app (including, without limitation, any potential or actual communication, transaction, or dispute between you and any other third party), any action taken by Released Parties as a consequence of investigations by either Released Parties or law enforcement authorities, any content posted by you or on your behalf to the app, any use of any service provided by a third party provider, or any use of a service offered by us that interacts with a third party Site, including any social media Site. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not settle any matter without our written consent. This Section survives termination of this Agreement.

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11.   VIOLATION OF THESE TERMS AND CONDITIONS

PedalAce may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) PedalAce’s rights or property, or the rights or property of visitors to or users of the Site and app, including PedalAce’s customers. PedalAce reserves the right to disclose any information that PedalAce deems necessary to comply with any applicable law, regulation, legal process or governmental request. PedalAce also may disclose your information when PedalAce determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that PedalAce may preserve any transmittal or communication by you with PedalAce through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law, or PedalAce determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process, (2) enforce these Terms and Conditions, (3) respond to claims that any data violates the rights of others, or (4) protect the rights, property or personal safety of PedalAce, its employees, users of or visitors to the Site, and the public. You agree that PedalAce may, in its sole discretion and without prior notice, terminate your access to the website and app and/or block your future access to the Site and app if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the Site and app. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful

and unfair business practice, and will cause irreparable harm to PedalAce, for which monetary damages would be inadequate, and you consent to PedalAce obtaining any injunctive or equitable relief that PedalAce deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies PedalAce may have at law or in equity. You agree that PedalAce may, in its sole discretion and without prior notice, terminate your access to the Site and app, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the app or any service offered on or through the app, and (4) unexpected technical issues or problems. If PedalAce does take any legal action against you because of your violation of these Terms and Conditions, PedalAce will be entitled to recover from you, and you agree to pay, all attorneys’ fees and costs of such action, in addition to any other relief granted to PedalAce. You agree that PedalAce will not be liable to you or to any third party for termination of your access to the app because of any violation of these Terms and Conditions.

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12.   PROHIBITED CONDUCT

You expressly agree to refrain from doing, either personally or through an agent, any of the following:

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  1. Use any device or other means to harvest information about other individual users of our Site.

  2. Transmit, install, upload or otherwise transfer any virus or other item or process to the Site that in any way affects the use, enjoyment or service of theSite.

  3. Post or store on the class any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents, and publicity rights).

  4. Modify the information, including headers, found on the Site.

  5. Transmit, install, upload, or otherwise transfer to the Site any unauthorized advertisement or communication.

  6. Engage in any action that PedalAce determines is detrimental to the use and enjoyment of the Site.

  7. Use the Site for any unlawful or defamatory means.

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13.   ENTIRE AGREEMENT; SEVERABILITY; CHOICE OF LAW, ARBITRATION AND VENUE

These Terms and Conditions, as well as any agreement signed between You and PedalAce constitute the entire agreement between PedalAce and you regarding the subject matter hereof. Any previous agreement, whether oral or written, between PedalAce and you dealing with the subject matter hereof is superseded in the event there are conflicting terms or conditions. If any portion of this Agreement is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon your breach of this Agreement, PedalAce Inc. may pursue any legal or equitable remedy available, and such remedies are cumulative and not exclusive. Failure of PedalAce to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of this Agreement at any time thereafter. This Agreement and any claim or controversy relating to or arising from the use of the Site or services, including, but not limited to, any transactions made or entered into at the app, any information, content, products, services, or promotions herein contained or provided from the app, or any functionality, software, or programming contained or provided at or from the Site (hereafter, “Claims”), shall be governed by the laws of the State of California without regard to principles of conflicts of law and, as applicable, the laws of the United States of America.

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TO THE FULLEST EXTENT PROVIDED BY LAW, ANY CAUSE OF ACTION OR CLAIM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ARISES, OR THE CAUSE OF ACTION OR CLAIM SHALL BE FOREVER BARRED. 

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YOU AGREE TO ARBITRATE ANY AND ALL CLAIMS, INCLUDING ALL STATUTORY CLAIMS, AND ANY STATE OR FEDERAL CLAIMS. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

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ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE APP, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

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All Claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of JAMS, Inc. at their offices located in Los Angeles County, California. For more information on JAMS and/or the rules of JAMS, visit http://www.jamsadr.com. All Claims shall be brought solely in the parties’ individual capacity, and not as a plaintiff or class member in any class or representative proceeding. 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 with respect to any such Claims. The decision of the arbitrator shall be final and binding. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, shall be conducted in the Superior Court of the State of California, in and for the County of Los Angeles. Likewise, if this arbitration agreement is for any reason held to be unenforceable, any litigation shall be commenced only in the federal or state courts located in Los Angeles County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

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By using the site and/or related services in any manner, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and PedalAce. You also give up your right to participate in a class action or other class proceeding.

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