Please, read these terms and conditions carefully before using the website ejoebike.myshopify.com (“the Site”). These Terms of Use, along with any other terms and conditions that may appear on the Site, including Privacy Policy (collectively, “Conditions”), set forth the terms and conditions under which you may use and access the Site.

BY ACCESSING THE SITE, YOU AGREE TO THESE CONDITIONS. IF YOU DO NOT AGREE TO THESE CONDITIONS (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SITE.

You represent and warrant that you are 13 years of age or older, or are visiting the Site under the supervision of a parent or guardian.

OWNERSHIP & COPYRIGHT

The information, photos, graphics, programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and all other materials comprising the Site (collectively, the “Materials”), are wholly owned by (or licensed to) e-JOE Bike (“e-JOE Bike”) and/or its content providers. The Site contains copyrighted material, trademarks, and other proprietary information including, without limitation, text, software, photos, video, graphics, music and sound, and the entire contents of the Site is copyrighted under the United States copyright laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without e-JOE Bike’s express prior written consent.

You may use information on e-JOE Bike products and services (such as manuals, maintenance instructions, and similar materials) purposely made available by e-JOE Bike for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

USE OF WEBSITE

Except for your non-commercial personal use, the Website, in whole or in part, may not be sold, reproduced, published, broadcasted via radio or television, or redistributed in any medium, directly or indirectly, for any commercial or non-commercial purpose, or used for advertising or any other purpose. Unauthorized use of the Website and/or the Materials may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

By uploading or otherwise submitting a file or other information (”Contribution”) to the Website, you automatically grant, or warrant that the copyright owner of the Contribution has expressly granted, to e-JOE Bike, a perpetual, royalty-free, irrevocable, worldwide, non-exclusive right and license to use, reproduce, publicly display and/or perform, modify, store, publish, adapt, translate, create derivative works from, and/or distribute the Contribution (in whole or part) and/or to incorporate it in other works in any medium now known or hereafter developed for the full term of any copyright that may exist in the Contribution, as if the Contribution were public domain information.

AGE AND RESPONSIBILITY

You represent that you are of sufficient legal age to use the Website and to create binding legal obligations for any liability you may incur as a result of the use of the Website. You understand that you are financially responsible for all uses of the Website by you and those using your login information.

PRIVACY

You have read and agree to the Privacy Policy. You consent to the use of your personal information by e-JOE Bike and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the e-JOE Bike Privacy Policy.

NO WARRANTIES AND LIMITATION OF LIABILITY

Your use of the Website is at your sole risk. You assume full responsibility and risk of loss resulting from the downloading and/or use of files or other material (including software) obtained through the Website. Neither e-JOE Bike nor any of its content providers endorse or stand behind the accuracy, truthfulness or reliability of any information provided on or by means of e-JOE Bike.

THE WEBSITE IS PROVIDED “AS IS”, AND NEITHER E-JOE BIKE NOR ANY OF ITS SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. No oral advice or written information given to you by e-JOE Bike or any of its content providers, agents, or the like shall create any warranty. Neither e-JOE Bike nor any of its content providers, agents, or the like warrants that access to, or use of, the Website will be uninterrupted, virus free, or error-free, or that the Website (including, without limitation, any content on the Website) will meet any particular criteria of performance or quality. E-JOE BIKE, ON BEHALF OF ITSELF AND ALL OF ITS CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT E-JOE BIKE KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE WEBSITE. FURTHERMORE, E-JOE BIKE, ON BEHALF OF ITSELF AND ALL OF ITS CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE WEBSITE.

LIMITATION OF LIABILITY

e-JOE Bike and all of its content providers, agents and the like, in each instance will not be liable for (a) any direct, indirect, incidental, consequential and/or special damages arising out of your use of, or inability to use, the Website, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if e-JOE Bike has been advised of the possibility of such damages, and/or (b) damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any file, in each instance whether for breach of contract, tortious behavior, negligence, or under any other cause of action. For further clarity, in all events, e-JOE Bike and all of its content providers, agents and the like shall not be liable for the defamatory, offensive, or illegal conduct of other users of the Internet. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you.

INDEMNIFICATION

You agree to indemnify e-JOE Bike and all of its content providers, agents and the like, in each instance from and against any and all claims, suits, liabilities, expenses (including, without limitation, attorneys’ fees), and/or damages arising out of claims based upon your use of the Website including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of intellectual property or other rights.

LINKS

The Website may contain links to websites operated by parties other than e-JOE Bike. Such links are provided for your reference only. e-JOE Bike does not control such websites and is not responsible for their contents. e-JOE Bike makes no representation or warranty regarding any other websites or the contents or materials on such websites. The Website’s inclusion of links to other websites does not imply e-JOE Bike’s endorsement of the material on the websites or any association with their operators. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

GOVERNING LAW

This Agreement and its performance shall be governed by the laws of the state of California, United States of America, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the state of California, United States of America, in all questions and controversies arising out of your use of this Website and this Agreement.

NO WAIVER

The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and e-JOE Bike nor the trade practice shall modify any provision of these Terms and Conditions.

MODIFICATION

e-JOE Bike may at any time modify these terms and conditions and your continued use of this Website will be conditioned upon the terms and conditions in force at the time of your use.

ADDITIONAL TERMS

Additional terms and conditions may apply to purchases of goods and services and other uses of portions of the Website, and you agree to abide by such other terms and conditions.

SEVERABILITY

These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

INTELLECTUAL PROPERTY NOTICES

All contents of the Website are Copyright © 2019 e-JOE Bike and/or its suppliers. All rights reserved. e-JOE Bike and other names of e-JOE Bike services referenced in the Website are trademarks or registered trademarks of e-JOE Bike. Other product and company names mentioned in the Website are the trademarks of their respective owners.

ENTIRE AGREEMENT

These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Website.

FEEDBACK AND INFORMATION

Any feedback you provide at this site shall be deemed to be non-confidential. e-JOE Bike shall be free to use such information on an unrestricted basis. The information contained in this web site is subject to change without notice.

e-JOE Bike, tel. 855-888-1891

Updated by e-JOE Bike on Feb. 15, 2020