Terms of Service
Last Updated July 27 2022
Welcome to Ridepanda!
Elektra Mobility, Inc. (“Ridepanda,” “we,” “us,” “our”) provides its services (described below) to you through its website located at ridepanda.com (the “Site”), and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Sites, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of these Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST RIDEPANDA ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
RIDEPANDA LEASE AGREEMENT
READ THIS DOCUMENT CAREFULLY, IT IS A LEGALLY BINDING CONTRACT
Lessee is renting certain items from Elektra Mobility, Inc. dba Ridepanda (“Ridepanda”) in consideration of and pursuant to the terms of this Lease Agreement (“Agreement”). Lessee accepts for use all of the equipment (“equipment”) for the time period listed in the Equipment List, attached hereto and incorporated by reference, as well as the Assumption of Risk and Waiver of Liability at the end of this document. Lessee accepts full responsibility for the care of and return of this equipment. Lessee is responsible for the equipment, and understands that the equipment remains the property of the Ridepanda and that any failure to return this equipment to Ridepanda within the time period provided in this Agreement may subject Lessee to civil liability and/or criminal prosecution. The Terms of Service attached hereto as Exhibit A is hereby incorporated by reference.
TERM: Twelve (12) month lease commencing on the date of delivery of equipment to Lessee. After the completion of 12 months, the lease will automatically rollover to a month to month lease. There is no automatic ownership of the vehicle at the end of the lease term. If a customer is interested in buying out their lease they may contact Ridepanda directly at email@example.com to receive buy-out price options.
PAYMENTS: First monthly payment due at checkout and is non-refundable. Your 12-month lease commitment will start the day that you receive the equipment. Your next payment due date will be one month from that day, and it will be an automatic, recurring charge to your credit card. If your vehicle is not picked up four weeks after its ready date at the Pandahub the 12-month lease commitment will start automatically, with Lessee being charged immediately after four weeks and recurring thereafter.
EARLY TERMINATION FEE AND VEHICLE SWAPS: There is an early termination fee equal to two months of lease payments. Termination of the lease agreement after 10 months but prior to 12 months shall result in payment of the entire payment due for the 12 month lease, but without any additional termination fee. For all full time employee lessees, if you leave your employer, move to a city that Ridepanda does not serve, or want to switch to a different Ridepanda vehicle before your lease commitment ends, contact Ridepanda to have your lease canceled or updated without penalty. Vehicle swaps are allowed for full-time employees once per 12-month term. Short-term employees such as interns and independent contractors are not considered full-time and are not eligible for the cancellation fee waiver or vehicle swaps.
LATE PAYMENT FEE: A late payment fee of $100 shall be charged on the fifth calendar day after the due date for the monthly lease payment. If the lease payment (including any charged late fee) is not made within ten calendar days of the due date for the monthly lease payment, Ridepanda may elect to terminate the contract and demand return of the equipment. Lessee shall be liable for any costs incurred by Ridepanda in connection with the repossession of the property and also shall be liable for any unpaid lease payments, late fees,damage to the equipment, and the early termination fee. Failure to return the equipment may lead to a $3000 fee from Ridepanda.
NO SECURITY/DAMAGE DEPOSIT: There is no deposit due under this Agreement. The lack of a deposit does not limit Lessee’s liability in the event of theft or damage to equipment, past due lease payments, late fees, or other amounts owed to Ridepanda.
RESPONSIBILITY FOR DAMAGE OR LOSS: Lessee agrees to return the equipment in the same good condition as when received (aside from ordinary wear and tear), to reimburse Ridepanda for any damaged equipment, Lessee agrees to be financially responsible for any damage to the equipment during the lease period, including the complete loss of the equipment due to theft or destruction. Lease period includes theft coverage with a $500 deductible given the Lessee can produce to Ridepanda, within 48 hours of theft, a police report as proof, an image of the broken lock, and a description of how/where the vehicle was locked. Lessee shall use the lock provided by Ridepanda. If Lessee uses a 3rd party lock of lesser security, theft coverage is void. If Lessee does not take steps required to qualify for $500 deductible theft coverage, Lessee will be charged the full replacement cost of the stolen equipment. Lessee is responsible for maintaining the equipment and has access to the PandaCare repair and maintenance program as set forth in this Agreement.
PANDACARE: This Agreement includes PandaCare, a maintenance program offered by Ridepanda. PandaCare covers all regular preventive maintenance, wear and tear fixes, as well as priority access to Ridepanda customer service. PandaCare includes the following:
- Free on-demand repair and maintenance help at the Ridepanda’s physical hub (“PandaHub”).
- Free Quarterly Preventive Maintenance Appointment at the PandaHub: Includes safety check, brake and shifting adjustments, tire inflation, and other minor adjustments.
- Ridepanda may charge Lessee for the cost of replacement parts.
- Ridepanda may charge a fee for any delivery or maintenance work at any address other than the local PandaHub. Ridepanda will only deliver and service within the PandaHub’s city limits.
- PandaCare does not include repairs to equipment caused by Lessee’s negligence, recklessness, or improper use.
LESSEE RESPONSIBILITIES: Lessee is responsible for:
- Keeping equipment, keys and chargers safe and secure.
- Any equipment replacement costs.
- Any damage to equipment while in the Lessee’s possession or control.
- Any damage to third persons or property as a result of Lessee’s acts or omissions.
- All fines, tickets and/or other penalties, such as parking tickets or moving violations.
SUBLEASING PROHIBITED: Lessee understands and agrees that subleasing or re-renting of equipment is prohibited and that any such sublease shall immediately terminate this Agreement. Lessee agrees not to allow any other person to borrow or otherwise use the equipment.
TERMINATION OF AGREEMENT: Lessee understands that Ridepanda may terminate this Agreement at any time and retake possession of said equipment if Lessee violates the terms of this Agreement.
LATE RETURN FEE: A fee of $50 will be charged for each day Lessee keeps equipment after the return date & time specified in this Agreement if the Lessee has chosen to end the lease. All equipment must be returned, during normal business hours, directly to RIDEPANDA at a PandaHub location.
ATTORNEYS’ FEES AND COSTS: In any action to interpret or enforce this Agreement, the substantially prevailing party shall be entitled to recover its attorneys’ fees and costs, as well as any actual damages suffered to any breach of this Agreement and any other legal or equitable relief provided by law.
This Agreement may not be modified except in writing, signed by all parties to this Agreement.
I have read and understand all terms of this agreement. I agree to comply with all of its terms.
ASSUMPTION OF RISK AND WAIVER OF LIABILITY
I understand that renting this equipment and using this equipment exposes me to potential hazards and risks of personal injury or death and/or the loss or damage to property. I voluntarily enter into this Lease Agreement and Assumption of Risk and Waiver of Liability.
I TAKE FULL RESPONSIBILITY for my safety.
I agree that I will ride safely and represent that I am familiar with the safe use of the equipment being rented. I agree to comply with all applicable laws and the rules of the road wherever and whenever I use the equipment.
I agree to ride only where allowed by law, and to ride only in conditions and on surfaces suitable for the type of equipment being leased.
I agree to not change or substitute any parts on the equipment, or to use any accessories not specifically authorized by Ridepanda (including but not limited to panniers, racks, trailers, and/or pedals).
I agree to not use the equipment while under the influence of alcohol or drugs, or when my physical and/or cognitive abilities are compromised.
I understand how to operate the equipment’s gears (if any), brakes, and how to adjust the seat, if the equipment has a seat. I understand and agree that if I recognize any safety issues or have any concerns I will immediately stop using any potentially affected equipment and notify Ridepanda immediately.
USE OF HELMET: I understand the importance of wearing a helmet, and will abide by all local rules, laws, ordinances or other requirements pertaining to the use of helmets when riding the equipment.
RIDEPANDA has answered any and all of my questions regarding this Agreement and the equipment, and I understand that if I have future questions I should contact Ridepanda immediately.
I UNDERSTAND THAT IT IS MY RESPONSIBILITY TO OPERATE THE EQUIPMENT IN A SAFE, PRUDENT, AND REASONABLE MANNER AT ALL TIMES AND UNDER ALL CIRCUMSTANCES.
I understand this activity may involve hazards posed by other bicyclists, scooters, pedestrians, automobiles, traffic of all kinds, and/or road conditions. I will only use the equipment in accordance with my abilities.
I KNOWINGLY WAIVE AND DISCHARGE ANY AND ALL CLAIMS, DEMANDS, RIGHTS AND CAUSES OF ACTION AGAINST RIDEPANDA FROM WHICH I OR ANY OF MY HEIRS OR ASSIGNS HAVE OR MAY HAVE IN THE FUTURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT. I EXPRESSLY ASSUME ALL RISK OF LOSS, DAMAGE, OR INJURY OCCURRING AS A RESULT OF OR ARISING OUT OF THIS AGREEMENT.
By signing the above LEASE AGREEMENT and this ASSUMPTION OF RISK AND WAIVER OF RESPONSIBILITY, I certify that I have read the entire and complete document and fully understand it.
Equipment includes Electric bike or Electric scooter with charger, battery, helmet, lock, and floor pump
have less than 10 miles on the odometer
- Must be in like new condition and free from dirt, dust, or fragrances
- Must be in the same packaging (all cardboard and foam) and condition that you received it
- Must include all items that were included inside the box (charger, keys, hardware, etc.)
- Customers must receive prior authorization from Ridepanda
- Any standard warranty issues must be resolved through Product Support before we will process a return.
- Refunds will be made after the vehicle is received and inspected. The inspection process will typically take about one week once the vehicle is received. Once the entire inspection is completed, refunds will typically be processed in about 1-2 business days.
- You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable.If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
- Some Manufacturers may charge a restocking fee from 10% to 30% as mentioned on the vehicle page
Please note, it is your responsibility for you to check your state, county, and local laws to ensure that you are riding legally and safely as regulations may vary across different state.
Orders Flagged as Fraud
If your order is flagged by our system as a high risk of fraud, we reserve the right to refuse to fulfill and refund your order. If you feel that a refund was made by mistake, please email.
We don’t collect any sales tax and instead pass it directly to the manufacturer.
Credit Card Chargebacks
If for any reason a credit card chargeback of any amount is issue on an order and the customer is still in possession of the product(s) within said order, the warranty will be paused until the chargeback is resolved.
User Submitted Content
When you submit or post any material (including any photos or videos) via the Site, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose.
You are responsible for your own actions while using an electric vehicle. Ridepanda is not responsible/nor liable for any accidents or injuries (whether caused by you or others) that may occur during your use. We recommend contacting your insurance provider or purchasing that via our partners to determine if you are covered in the event of an accident.
Access and Use of the Service
Services Description: The Service is designed to provide a marketplace for users to discover and purchase personal vehicles and related products and services.
Member Account, Password and Security/strong: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Ridepanda of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Ridepanda will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: Ridepanda reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Ridepanda will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Ridepanda may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Ridepanda’s servers on your behalf. You agree that Ridepanda has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Ridepanda reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Ridepanda reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Ridepanda and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Ridepanda account information to ensure that your messages are not sent to the person that acquires your old number.
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Ridepanda. Ridepanda reserves the right to investigate and take appropriate legal action against anyone who, in Ridepanda’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Ridepanda, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Ridepanda or its users to any harm or liability of any type;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service; or
- provide personal information relating to anyone else without their express consent to do so; or
- download any file posted by another user that you know, or reasonably should know, cannot be distributed in such manner.
Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Ridepanda information regarding your credit card or other payment instrument. You represent and warrant to Ridepanda that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Ridepanda the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize Ridepanda to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Ridepanda know within fourteen (14) days after the date that Ridepanda charges you. We reserve the right to change Ridepanda’s prices. If Ridepanda does change prices, Ridepanda will provide notice of the change on the Site or in email to you, at Ridepanda’s option. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Ridepanda’s net income.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Ridepanda, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Ridepanda from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Ridepanda, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Ridepanda.
The Ridepanda name and logos are trademarks and service marks of Ridepanda (collectively the “Ridepanda Trademarks”). Other Ridepanda, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Ridepanda. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Ridepanda Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Ridepanda Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Ridepanda be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Ridepanda does not pre-screen content, but that Ridepanda and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Ridepanda and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Ridepanda, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Ridepanda and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Ridepanda are non-confidential and Ridepanda will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Ridepanda may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Ridepanda, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Third Party Websites and Services
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet, including those that enable text and video based communication. Ridepanda has no control over such sites and resources and Ridepanda is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Ridepanda will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Ridepanda is not liable for any loss or claim that you may have against any such third party.
Social Networking Services
In addition, Ridepanda is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Ridepanda is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Ridepanda enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.]
Indemnity and Release
You agree to release, indemnify and hold Ridepanda and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RIDEPANDA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
RIDEPANDA MAKES NO WARRANTY THAT (I) THE PRODUCTS MADE AVAILABLE THROUGH THE SERVICE WILL BE SAFE, RELIABLE, OR DURABLE, (II) THE SERVICE OR PRODUCTS MADE AVAILABLE THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RIDEPANDA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RIDEPANDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) PERSONAL INJURY SUSTAINED BY THE USER OR THIRD PARTIES IN CONNECTION WITH YOUR USE OF RIDEPANDA’S PRODUCTS AND SERVICES; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL RIDEPANDA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID RIDEPANDA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution By Binding Arbitration
: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Ridepanda, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Ridepanda are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND RIDEPANDA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND RIDEPANDA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
c. Pre-Arbitration Dispute Resolution
Ridepanda is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [firstname.lastname@example.org]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Ridepanda should be sent to 1515 Broadway #5, San Francisco, CA 94109 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Ridepanda and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Ridepanda may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Ridepanda or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Ridepanda is entitled.
d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/ as may be updated from time to time. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Ridepanda and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Ridepanda agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Ridepanda will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Ridepanda will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Ridepanda will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, Ridepanda agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Ridepanda written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that Ridepanda, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Ridepanda believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Ridepanda may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Ridepanda may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Ridepanda will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Ridepanda will have no liability or responsibility with respect thereto. Ridepanda reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Ridepanda and govern your use of the Service, superseding any prior agreements between you and Ridepanda with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Ridepanda agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Ridepanda to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Ridepanda, but Ridepanda may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at:
1515 Broadway #5, San Francisco CA 94109 ; +1 (800) 549-0341
Questions? Concerns? Suggestions?
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
What Do We Do with Your Information?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How Do I Withdraw My Consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at firstname.lastname@example.org
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
Our checkout is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
Age of Consent
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
What Information Do We Collect?
How Do We Use Your Information?
We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways: To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested. To allow us to better service you in responding to your customer service requests. To quickly process your transactions. To administer a contest, promotion, survey or other site feature. If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please email us at email@example.com. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and ‘members-only’ content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.
How Do We Protect Visitor Information?
We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
Do We Disclose Information We Collect to Outside Parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term “outside parties” does not include our business. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Questions and Contact Information
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at firstname.lastname@example.org
Collection of Data
Our site uses technologies of third-party partners such as NextRoll to help us recognize your device and understand how you use our site(s) so that we can improve our services to reflect your interests and serve you advertisements about the products and/or services that are likely to be of more interest to you. Specifically, NextRoll/these partners collect information about your activity on our site(s) to enable us to:
- measure and analyze traffic and browsing activity on our site(s);
- show advertisements for our products and/or services to you on third-party sites;
- measure and analyze the performance of our advertising campaigns;
We may share data, such as hashed email derived from emails or other online identifiers collected on our site(s) with NextRoll/ our advertising partners. This allows our partners to recognize and deliver you ads across devices and browsers. To read more about the technologies used by NextRoll and their cross device capabilities please refer to NextRoll’s Privacy Notice.
Our partners such as NextRoll may use non-cookie technologies that may not be impacted by browser settings that block cookies. Your browser may not permit you to block such technologies. For this reason you can use the following third party tools to decline the collection and use of information for the purpose of serving you interest based advertising:
- The NAI’s opt-out platform: http://www.networkadvertising.org/choices/
- The EDAA’s opt-out platform: http://www.youronlinechoices.com/
- The DAA’s opt-out platform: http://optout.aboutads.info/?c=2&lang=EN
Information For California Residents Only
This section supplements the information contained in this Service Privacy Notice and applies solely to visitors, users, and others who are residents of the State of California, as defined in Section 17014 of Title 18 of the California Code of Regulations. This section is effective as of January 1, 2020, to comply with the California Consumer Privacy Act of 2018 (“CCPA”). To learn more about Nextroll use this link to the California Residents section of NextRoll privacy notice.