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Terms of service

THESE TERMS OF SERVICE (“Terms”) FOR ARBA INTERNATIONAL LLC DBA ARIEL RIDER (“Ariel Rider”) CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU (“You”) AND ARIEL RIDER, A WASHINGTON LIMITED LIABILITY COMPANY (THE “Agreement”). THIS AGREEMENT GOVERNS YOUR USE OF AND ACCESS TO THE PRODUCTS AND SERVICES PROVIDED BY ARIEL RIDER. THIS AGREEMENT IS EFFECTIVE AS OF THE DATE OF SUCH EXECUTION OR ACCEPTANCE (“Effective Date”).

 

PLEASE READ THESE TERMS (“Terms”) CAREFULLY AS THEY PERTAIN TO YOUR RIGHTS AND OBLIGATIONS. ANY INDIVIDUAL AGREEING TO BE BOUND BY THIS AGREEMENT ON BEHALF OF AN ORGANIZATION, COMPANY, OR OTHER ENTITY (SUCH AS YOUR EMPLOYER), REPRESENTS THAT SUCH INDIVIDUAL HAS the AUTHORIZATION TO AGREE TO THESE TERMS AND BE BOUND BY THE TERMS OF USE CONTAINED HEREIN. IF YOU DO NOT AGREE TO BE BOUND TO THESE TERMS, PLEASE DO NOT USE THE SITE.

 

THESE TERMS SUPERSEDE ANY PREVIOUS AGREEMENT YOU MAY HAVE WITH ARIEL RIDER, WRITTEN, OR ORAL.

 

  1. Website & Content Use

    Unless where otherwise specified or clearly recognizable, all content on the Ariel Rider website (“Site”), for example, all of the images, designs, video clips, icons, page headers, graphics, illustrations, and text (collectively, the “Content”) are subject to copyright, trade dress, trademark, service mark, patent, and/or other intellectual property rights held by Ariel Rider or its licensors. All intellectual property rights in any content downloaded, redistributed, displayed, modified, or stored from this Site are reserved for Ariel Rider. You are not authorized to use any name, logo, trademark, or service mark in any way. No right, title or interest in any content or material is transferred to You as a result of Your use. You do not have permission to copy, reproduce, download, publicly display, record, distribute, publicly perform, modify, publish, or create derivative works from the Content without first obtaining the prior written permission of Ariel Rider. Ariel Rider or its licensors are subject to the protection granted by applicable laws or international treaties related to intellectual property.

    You may download, print, or store selected portions of the content, provided these portions are only used for Your noncommercial, personal use, and those portions are not modified or altered in any way. However, in using these portions, You may not use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text. In using these portions, You may not modify any of the Content. Ariel Rider reserves full intellectual property rights not expressly reserved herein in any Content You download, print, or store, subject to these conditions.

  2. Account Registration

    To use the Site You may register or create a user account (“Account”), providing all required information and/or data in a complete, current, accurate, and truthful manner. Users are responsible for keeping their login credentials safe and confidential. To this end, You are also required to choose a password that meets high standards of strength. You may not authorize any third party to use Your Account. By registering, You agree to be fully responsible for any and all activities that happen under Your Account. If there are suspicious uses or unauthorized uses of Your Account or any other security breach, You shall notify Ariel Rider immediately and unambiguously via the contact details indicated in this document.

  3. User Content

    Certain parts of the Ariel Rider Site may now or in the future enable You to provide feedback such as product reviews, audio, video, text, photographs, and other content. By doing so, You grant Ariel Rider a non-exclusive, worldwide, royalty-free, sub-licensable, and transferable license, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the Ariel Rider Site, in any media or platform, known or unknown to date and in particular on the Internet and social networks. You acknowledge, represent, and agree that all Content submitted through Your account is submitted voluntarily and is not confidential nor proprietary. Ariel Rider shall be under no obligation to post Your Content on the Site, and may, at its sole discretion, edit, block, refuse to publish, or remove any Content at any time for any reason. Personal information shall be governed by the terms set forth in the Privacy Policy.

    You represent and warrant that You have the rights necessary to grant the rights in this Section and that You will not create, post, or share Content that:

    1. is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;

    2. would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law;

    3. contains or depicts any statements, remarks, or claims that do not reflect Your honest views and experiences;

    4. impersonates, or misrepresents Your affiliation with, any person or entity;

    5. references or depicts Ariel Rider or the Site but fails to disclose a material connection to Ariel Rider;

    6. contains any unsolicited promotions, political campaigning, advertising, or solicitations;

    7. contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or

    8. in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Site or products, or that may expose Ariel Rider or others to any harm or liability of any type.

  4. User Conduct

    Use of the Site is a privilege and You are solely responsible for Your Conduct while using the Site. You agree that You will not:

    1. Use or attempt to use another user's Account without authorization from the such user;
    2. Use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden, or impair the functioning of the Site in any manner;
    3. Reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area, or code of the Site;
    4. Violate, infringe, or misappropriate any intellectual property or other third-party right or commit a tort;
    5. Engage in harassing, predatory, intimidating, stalking, or threatening conduct, or that we otherwise deem objectionable;
    6. Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Site that You are not authorized to access;
    7. Develop any third-party applications that interact with Your Content or the Site without our prior written consent;
    8. Use any robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Site, extract data or otherwise interfere with or modify the rendering of Site pages or functionality;
    9. Use the Site to engage in or promote any activity that violates these Terms.
    10. If Ariel Rider suspects violations of the foregoing, Ariel Rider may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators.

  5. Privacy Policy

    The personal information collected from You in connection with the Site, including but not limited to Your use of the Site, Site performance, and to use, process, transmit, and store that information in accordance with Ariel Rider’s Privacy Policy. To learn more about the ways in which Your personal information is collected, used, and disclosed, please refer to Ariel Rider’s Privacy Policy.

  6. Modifications

    Ariel Rider reserves the right to amend or otherwise modify these Terms at any time. In such cases, Ariel Rider shall provide notice of any modifications of the Terms by making them available through the Site or by any other reasonable means. By continuing to use the Site, You signify Your acceptance of the revised Terms; however, any change to these Terms after Your last usage of the Site will not be applied retroactively. Each time You use the Site, You should review the current Terms. You must stop using the Site if You do not wish to be bound by the modified or amended Terms. Either party may terminate the Agreement if You fail to accept the modified or amended Terms.

  7. Additional Terms

    Single or additional conditions of use or access may be presented to You, at the company’s sole discretion, in lieu of or in addition to these Terms (“Additional Terms”). The Additional Terms will govern in the event of a conflict between these Terms and any Additional Terms.

    Confidential Information is defined as follows:

    1. All oral and written communication, digital and physical between Ariel Rider and the customer, potential customer, and former customer.
    2. All settlements, and dispute resolution terms between Ariel Rider and customer, potential customer, and former customer.
    3. All complaints sent by Ariel Rider and customers, potential customers, and former customers in a written or oral format.
    4. Any trade secrets and other information that Ariel Rider communicates to you either written or oral shall be deemed Confidential Information, and when in doubt any communication between the parties is deemed by default Confidential Information.
    5. At its sole discretion, Ariel Rider has the right to require you to sign a nondisclosure agreement to specifically protect its Confidential Information however nothing in this paragraph shall affect the enforceability of the above.
    6. Ariel Rider hereby expressly notifies you that if you post to any social media, 3rd party, or other public methods of publication any communications between you and Ariel Rider, you will have immediately breached these terms of service, and you will be liable for any and all Ariel Rider Damages as defined below. 

    7. Parts Purchase Policy

      At Ariel Rider, we prioritize the safety, security, and satisfaction of our customers. To ensure that we maintain these standards, we've put forth the following guidelines when you wish to purchase parts for your bike:

      Verification Requirements:

      To purchase parts, customers must provide verification of their original bike purchase.
      This can be in the form of:

      Account Information: First/last name and the email address associated with the original purchase.
      Order Details: The order number from the original bike purchase in our system.
      Physical Purchase: If the bike was bought from a shop or third-party vendor, we require a copy of the sales invoice.

      Reasons for This Policy:

      Liability & Safety Concerns: Ensuring that parts are compatible with the specific make and model of your bike.
      Security & Theft Prevention: With rising cases of bike theft, we want to ensure that stolen items are not being resold or mishandled.
      Model Compatibility: As bike parts can vary depending on the generation or version of the bike, we aim to provide parts that are fully compatible with your specific bike model.

      Alternate Options:
      If you're unable to provide the required verification:

      Aftermarket Parts: Many of our bike parts are not unique to Ariel Rider. Customers can consider purchasing compatible aftermarket parts from reputable sources.
      Warranty Registration: We can attempt to verify ownership through warranty registration using the bike's serial number. However, this is contingent upon the original owner having registered their warranty.


      Understanding & Compassion:

      We recognize the importance of trust and transparency in all our transactions.
      This policy was shaped in large part by feedback from our valued clients, many of whom had unfortunately experienced theft and sought safeguards.
      We strive to strike a balance between security and customer convenience, and we truly appreciate your understanding and cooperation.

      For any queries or concerns, please feel free to contact our support team.

  8. Third-Party Websites, Links, Products, & Services

    Through this Site, You may have access to external resources or links provided by third parties. You acknowledge and accept that Ariel Rider does not have control over these external resources or links and that they all have separate privacy and data collection practices, independent of Ariel Rider. Ariel Rider has no responsibility or liability for these independent terms of use and privacy policies and is not responsible for the content or practices of such third-party websites. If You use these external resources or links, You may leave our Site and do so at Your own risk. Ariel Rider has no responsibility for any third-party’s products, services, practices, website content, or policies.

    Ariel Rider may participate in marketing and promotions with third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. You may need to use or obtain additional products or services in order to use the Site or Content. Ariel Rider will not be responsible for any third-party products or services, and the links for third-party websites on the Site do not constitute an endorsement by Ariel Rider of such third-party sites.

  9. Account Termination, Suspension, & Deletion

    Ariel Rider reserves the right, without notice and at its sole discretion, to terminate Your account or Your use of the Site if You violate any of these Terms or for any other reason. Upon termination, all provisions of these Terms which are by their nature intended to survive termination, all indemnities, all limitations of liability, and all representations and warranties shall survive such termination. These terms remain in effect even after Your account is terminated or You have stopped using the Site. Ariel Rider shall not be liable to You or any third party should it exercise such termination rights. The suspension or termination of Your account shall not entitle you to any claims for compensation, damages, or reimbursement.

  10. Disclaimer of Warranties

    THE SITE AND THE CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND YOU USE THE SITE AND CONTENT AT YOUR OWN RISK. ARIEL RIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, CONTENT, USER CONTENT, AND ANY PRODUCTS OR SERVICES YOU MAY OBTAIN OR ACCESS THROUGH THE SITE. THESE WARRANTIES INCLUDE BUT ARE NOT LIMITED TO, ANY WARRANTY OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR MERCHANTABLE QUALITY, OR WARRANTIES THAT MAY ARISE FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM ACCESSING THE SITE.

    WITHOUT LIMITING THE FOREGOING, ARIEL RIDER, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, CO-BRANDERS, EMPLOYEES, LICENSORS, OFFICERS, DIRECTORS, AND SUPPLIERS DO NOT WARRANT THAT THE CONTENT ON THE SITE IS ACCURATE OR RELIABLE. NOR DO THESE ENTITIES WARRANT THAT THE SITE WILL MEET USER REQUIREMENTS OR BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR THAT THE SITE IS FREE FROM VIRUSES OR HARMFUL COMPONENTS. ARIEL RIDER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR DOWNLOADED CONTENT FROM THE SITE AND ARIEL RIDER SHALL NOT BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

    ARIEL RIDER HOPES YOU GET THE FULL BENEFIT OF THE SITE; HOWEVER, ARIEL RIDER DOES NOT GUARANTEE ANY RESULTS.

  11. Limitation of Liability

    IN NO EVENT SHALL ARIEL RIDER AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, CO-BRANDERS, SUPPLIERS, OFFICERS, DIRECTORS, AND EMPLOYEES BE LIABLE FOR

    1. any indirect, punitive, incidental, special, consequential, or exemplary damages, including but without limitation damages for lost profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Site; and
    2. any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or Your account or the information contained therein; and
    3. any errors, mistakes, or inaccuracies of content;
    4. personal injury or property damage, of any nature whatsoever, resulting from Your access to or use of the Site;
    5. any unauthorized access to or use of Ariel Rider’s secure servers and/or any and all personal information stored therein;
    6. any interruption or cessation of transmission to or from the Site;
    7. any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Site;
    8. any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site; and/or
    9. the defamatory, offensive, or illegal conduct of You or a third party. In no event shall Ariel Rider, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount paid by You to Ariel Rider hereunder in the preceding 12 months, or the period of duration of this agreement between the Ariel Rider and You, whichever is shorter.

      THIS LIMITATION OF LIABILITY SECTION SHALL APPLY IN THE APPLICABLE JURISDICTION, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

  12. Indemnification

    You agree to indemnify, defend and hold Ariel Rider and its affiliates, employees, contractors, agents, suppliers, and partners harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including reasonable attorneys' fees, brought by any third party due to or arising out of (i) Your use of and access to the Ariel Rider Site, including any data or content transmitted or received by You, (ii) any alleged breach or violation of the Terms, including but not limited to any right of privacy, intellectual property rights, or breach of any of the representations and warranties set forth in these terms, (iii) Your violation of any statutory law, rule, or regulation, (iv) such violation of any law or the rights of a third party, or (v) Your willful misconduct. Ariel Rider reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which such You are required to indemnify Ariel Rider, and You agree to cooperate with Ariel Rider’s defense of such matter. This defense and indemnification obligation will survive the Terms and Your Use of Ariel Rider Services.

    The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

    User’s use of and access to the Service, including any data or content transmitted or received by User;
    User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
    User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
    User’s violation of any statutory law, rule, or regulation;
    any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
    User’s wilful misconduct; or
    statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

  13. Common provisions:
    1. No Waiver
      The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
    2. Service interruption
      To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

      Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.

      Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events( infrastructural breakdowns or blackouts etc.).
    3. Service reselling
      Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.
    4. Privacy policy
      To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Application.
    5. Intellectual property rights
      Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
    6. All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
    7. Changes to these Terms
      The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

      Such changes will only affect the relationship with the User from the date communicated to Users onwards.

      The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.

      The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

      If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.
    8. Assignment of contract
      The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

      Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
    9. Contacts
      All communications relating to the use of this Application must be sent using the contact information stated in this document.
    10. Severability
      Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
    11. US Users
      Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

      Disputes & Binding Arbitration

  14. PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. USING OR ACCESSING THE SITE CONSTITUTES YOUR ACCEPTANCE OF THIS ARBITRATION PROVISION. YOU AND ARIEL RIDER SHALL WAIVE ANY RIGHT TO FILE A LAWSUIT IN COURT AND/OR PARTICIPATE IN A CLASS ACTION FOR MATTERS CONTAINED IN THESE TERMS.

    THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL, YOUR RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS CONTAINED IN THE AMERICAN ARBITRATION ASSOCIATION’S COMPREHENSIVE ARBITRATION RULES, THE RIGHT TO MAINTAIN A COURT ACTION, AND THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CLAIM. ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND ARIEL RIDER (AND ITS AFFILIATES, AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND ANY THIRD PARTY), WHETHER BASED ON CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

    The arbitration shall be administered by the American Arbitration Association (AAA), subject to its Consumer Arbitration Rules, available at (800) 778-7879 and adr.org. Discovery shall be permitted in arbitration subject to AAA Consumer Arbitration Rules. The arbitrator shall have exclusive authority to resolve any arbitrability issues including any dispute over these Terms or this arbitration provision’s scope, application, meaning, and enforceability. The arbitrator shall be empowered to grant whatever relief would be available in court. Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Any breaches by Ariel Rider shall have thirty (30) days to cure, and any breaches by You shall have fourteen (14) days to cure, before any dispute resolution action may commence.

    If you violate any section of this terms of service including but not limited to paragraph 7, you'll be responsible for paying a $25k penalty fee, our legal fees, and documented cost incurred ("Ariel Rider Damages") including but not limited to employee time and indirect cost expended by Ariel Rider to address your breach of this terms of service. Such penalty shall be included in any court action we file against you including but not limited to a summary judgment action. At no time will Ariel Rider waive its Ariel Rider Damages, if you breach our terms of service. 

  15. Governing Law & Venue

    These Terms will be governed by and construed in accordance with the laws of the State of Washington without reference to its conflict of law provisions. You agree to submit to the exclusive jurisdiction and venue in the state and federal courts located in King County, WA for any and all disputes, claims, and actions arising from or in connection with the Site or these Terms.

  16. Notice & Communications

    Ariel Rider shall provide all notices that Ariel Rider is required to give by any lawful method. You consent to electronic communications with Ariel Rider, whether addressed to the e-mail address associated with Your Ariel Rider account or posted on the Ariel Rider website. You acknowledge and agree that any communication via e-mail or by posting on the Ariel Rider website satisfied any legal requirement that such communications be made in writing. All communications relating to the use of the Site must be sent using the contact information stated in this document.

    Please note that by submitting Content, creating a user account, or otherwise providing us with Your email address, postal address, or phone number, You are agreeing that Ariel Rider may contact You at that address or number in a manner consistent with our Privacy Policy.

  17. Copyright Violations & Notice

    Ariel Rider respects the intellectual property rights of others and requires our users and customers to do so. If You are a copyright owner or an agent thereof and believe that any content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Ariel Rider with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

    1. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail;
    4. A statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
    5. A statement made under penalty of perjury that the information in the notification is accurate;
    6. A statement made under penalty of perjury that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    7. Your physical or electronic signature or a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  18. Product Liability Disclaimer

    In no event shall Ariel Rider be liable for any direct, indirect, punitive, incidental, special consequential damages, to property or life, including but not limited to physical injury, mental injury, loss of income, monetary damages, and injury to a third party, whatsoever arising out of or connected with the use or misuse of Ariel Rider products. No claims, representations, or warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, of title, or of noninfringement of third party rights, are made by Ariel Rider as to the safety, reliability, durability, and performance of any of Ariel Rider’s products. This includes any third-party contracting You may do related to the use, repair, or unauthorized modification of Ariel Rider products. Furthermore, Ariel Rider accepts no liability whatsoever for the safety, reliability, durability, and performance of any of Ariel Rider’s products. By buying, using, or allowing the use of Ariel Rider products, You represent and warrant that electronic bicycles can be associated with a high level of risk, and YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE USING ARIEL RIDER PRODUCTS, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF ARIEL RIDER AS DETERMINED BY A COURT OF COMPETENT JURISDICTION. Your use of the product is entirely at Your own risk and you have no recourse whatsoever against Ariel Rider.

    Specifically, Ariel Rider waives any and all liability for injuries resulting from consumer misuse of an Ariel Rider electronic bicycle (“Bike”). The subsequent information provides consumer use requirements pursuant to e-bike state laws, however, the stated requirements are not exhaustive and merely serve as a reference for misuse which Ariel Rider shall accept no liability for.

    As Ariel Rider services a global customer base, the specifications for motor power are indicated accordingly. Please note, for all products destined for the United States, a power limit of 1000 watts is strictly adhered to. For deliveries to Canada, this limit is reduced to 500 watts. For motor power specifications in other countries, please contact us directly.


    For those residing in the state of Washington, You must comply with RCW 46, which provides that:
    1. You must ride the Bike on sidewalks unless there is no alternative way to travel;
    2. You shall not operate the Bike on fully controlled limited-access highways;
    3. You shall not tamper with or modify the Bike so as to change its speed capability;
    4. You shall not operate a Class C Bike if You are under 16 years old;
    5. You shall not operate a Class 3 Bike on a shared-use path, except where local jurisdictions may allow the use of Class 3 electric-assisted bicycles;
    6. You shall not operate the Bike where motorized vehicles are prohibited;
    7. You shall not ride the Bike on a trail that is specifically designated as nonmotorized and that has a natural surface tread that is made by clearing and grading the native soil with no added surfacing materials.

      Moreover, pursuant to RCW 7.72 and applying to those residing in Washington, Ariel Rider shall not be liable for injuries resulting from the fault of the manufacturer in any scenario, including but not limited to (1) if there is no solvent manufacturer subject to service of process under the laws of the claimant’s domicile or the state of Washington, (2) if the court determines that it is highly probable that the claimant would be unable to enforce a judgment against any manufacturer, (3) if Ariel Rider provides plans or specifications for the manufacture or preparation of the product and such plans or specifications were a proximate cause of the defect in the product, or (4) if the Bikes are marketed under a trade or brand name of Ariel Rider.

      For those residing in the state of Texas, You must comply with Texas Transportation Code Sec. 551, which provides that:

 

    1. You shall not ride the Bike only on or astride a permanent and regular seat attached to the Bike;
    2. You shall not use the Bike to carry more persons than the Bike is designed or equipped to carry;
    3. You shall not use the Bike to carry an object that prevents the person from operating the Bike with at least one hand on the handlebars of the bicycle;
    4. You shall not attach either the person or the Bike to a streetcar or vehicle on a roadway;
    5. You shall not impede the normal and reasonable flow of traffic on the roadway when You and someone else are riding next to each other;
    6. You shall not operate the Bike nighttime unless the bicycle is equipped with the safety equipment designated in Sec. 551.104(b)(1)-(2);
    7. You shall not operate the Bike unless the electric motor disengages or ceases to function either (1) when You stop pedaling or (2)  when the brakes are applied;
    8. You shall not operate a Class 3 Bike unless You are at least 15 years of age;
    9. If You are operating the Bike on a roadway and are moving slower than the other traffic on the roadway, You shall ride as near as practicable to the right curb or edge of the roadway, unless the exceptions in Sec. 551.103(a)(1)-(4) apply.

 

Moreover, pursuant to TX CIV PRAC & REM §82.003 and applying to those residing in Texas, Ariel Rider shall not be liable for any product liability action due to the fact that electronic bicycles are products known to be unsafe by the ordinary consumer who consumes the product with the ordinary knowledge common to the community.

 

For those residing in the state of California, You must comply with AB-1096, which provides that:

 

    1. You shall not operate the Bike on a bicycle path or trail, bikeway, bicycle lane, equestrian trail, or hiking or recreational trail, unless it is within or adjacent to a roadway or unless the local authority or the governing body of a public agency having jurisdiction over the path or trail permits, by ordinance, that operation;
    2. You shall not operate a Class 3 Bike if You are under 16 years of age;
    3. You shall not operate a Class 3 Bike or ride as a passenger unless wearing a properly fitted and fastened bicycle helmet that meets the requirements set forth in AB 1096 Section 21213;
    4. You shall not tamper with or modify the Bike so as to change the speed capability of the Bike, unless You appropriately replace the label indicating the Classification required in subdivision (c) of Section 312.5.

 

For those residing in the state of Colorado, You must comply with C.R.S. 42-4, which provides that:

 

    1. You shall not use the Bike to carry more persons at one time than the number for which it is designed or equipped;
    2. You shall not attach Yourself to any motor vehicle upon a roadway;
    3. You shall not ride next to another electronic bike operator except on paths or parts of roadways set aside exclusively for bicycles;
    4. You shall not ride a Class 3 Bike upon any street, highway, or bike or pedestrian path if You are under 16 years of age, unless You are a passenger;
    5. You shall ride in the right-hand lane when operating on a roadway at less than the normal speed of traffic, subject to the conditions in Section 42-4-1412(5)(a);
    6. You shall keep at least one hand on the handlebars at all time;
    7. You shall comply with the parking requirements of Section 42-4-1412(11);
    8. You shall wear a bicycle helmet if You are under 18 years of age, and
      1. That helmet shall must conform to the specifications in Section 42-4-1412(15)(b)(II)
      2. That helmet must be secured properly on Your head with a chin strap while the Class 3 Bike is in motion.

 

Moreover, pursuant to CO Rev. Stat. §13-21-402.5 and applying to those residing in Colorado, Ariel Rider shall not be liable for injury, death, or property damage that occurs as a result of use in a manner or for a purpose other than that which was intended and which could not reasonably have been expected, with such misuse as the cause of the injury, death, or property damage.

 

For those residing in the state of Illinois, You must comply with SB 0396 Sec. 11, which provides that:

 

    1. You must operate a Class 2 Bike in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied;
    2. You must operate a Class 1 and Class 3 Bike in a manner so that the electric motor is disengaged or ceases to function when You stop pedaling;
    3. You shall not operate a low-speed Bike on a sidewalk;
    4. You shall not operate a Class 3 Bike if You are under 16 years of age; however, You may ride as a passenger.

 

Moreover, pursuant to IL ST CH 735 §5/13-213 and applying to those residing in Illinois, Ariel Rider shall not be liable for injury or damages claimed to have resulted from an alteration, modification, or change of the Bike, when that injury or damage is claimed to have resulted from said alteration, modification, or change of the Bike.

 

For those residing in the state of New Jersey, You must comply with N.J.S. §39:4-14.16, which provides that:

 

    1. You shall not tamper with or modify a low-speed Bike so as to change the motor-powered speed capability or engagement of a low-speed electric bicycle unless You appropriately replace the label indicating the Classification required in subsection b. of N.J.S. §39:4-14.16;
    2. You shall not operate the Bike on a trail designated for non-motorized traffic if such trail has a natural surface tread made by clearing and grading the soil and no surfacing materials have been added;
    3. You may not park the bike on the sidewalk so as to impede the normal movement of pedestrians or other traffic upon the sidewalk.

 

Moreover, pursuant to NJ Rev Stat §2a:58C-3 and applying to those residing in New Jersey, Ariel Rider shall not be liable for avoidably or unavoidably unsafe aspects of the Bike, regardless of whether or not Ariel Rider provides adequate warning or instruction. Ariel Rider shall not be responsible for injuries resulting from unsafe aspects of the Bikes, regardless of whether or not such unsafe aspects are an inherent characteristic of the product or are such that an ordinary person who uses the Bike with the ordinary knowledge common to the Class of persons for whom the product is intended is aware of such aspects.

 

For those residing in the state of Michigan, You must comply with Michigan Vehicle Code Chapter 257, which provides that:

 

    1. You shall not tamper with or modify the Bike so as to change the manufactured motor-powered speed capability or motor engagement of the Bike without replacing the label required under subsection (2) with an appropriate label printed in Arial font and in at least 9-point type;
    2. You shall not operate a Class 3 Bike if You are under 14 years of age; however, You may ride as a passenger;
    3. You must wear a properly fitted and fastened bicycle helmet that meets federal standards established by the United States Consumer Product Safety Commission or the American Society for Testing and Materials if You are under 18 years of age;
    4. You shall not operate the Bike on a trail that is designated as nonmotorized and that has a natural surface tread that is made by clearing and grading the native soil with no added surfacing materials;
    5. You shall only operate a Class 2 or Class 3 electric bicycle on a linear trail that has an asphalt, crushed limestone, or similar surface, or a rail trail if authorized by the local authority or agency of this state having jurisdiction over the trail.

 

Moreover, pursuant to the Revised Judicature Act of 1961 – §600.2946 and applying to those residing in Michigan, Ariel Rider shall not be responsible for failure to warn of a material risk that is or should be obvious to a reasonably prudent Bike user or a material risk that is a matter of common knowledge to those in the same or similar position as the person upon whose injury a claim is premised on. Ariel Rider shall not be liable for injuries resulting from product defects that could have prevented harm through the use of practical and technically feasible alternative production practices. Ariel Rider shall not be liable in a product liability claim for harm caused by misuse, alteration, or change of the Bike, regardless of whether or not the misuse was reasonably foreseeable.  

 

For those residing in the state of Florida, You must comply with CS/SB 1148(4), which provides that:

 

    • You shall not tamper with or modify the Bike to change the motor-powered speed capability or engagement of the Bike, unless the label indicating the Classification number required in subsection (3) of CS/SB 1148 is replaced after such modification.

 

For those residing in the state of Oregon, You must comply with ORS 814, which provides that:

 

    1. You shall not operate the Bike on any portion of a roadway that is not a bicycle lane or bicycle path when a bicycle lane or bicycle path is adjacent to or near the roadway;
    2. You shall not operate the Bike and carry more persons on the Bike than the number for which it is designed or safely equipped;
    3. You shall not operate the Bike and carry a package, bundle or article which prevents You from keeping at least one hand upon the handlebar and having full control at all times;
    4. You shall not operate the Bike if You are under 16 years of age;
    5. You shall not operate the Bike on a highway or on premises open to the public without wearing protective headgear of the type approved by ORS 815.052 if You are under 16 years of age;
    6. You shall not commit the offense of unsafe operation of the Bike on a sidewalk, which includes but is not limited to
      1. Operating the Bike so as to suddenly leave a curb or other place of safety and moving into the path of a vehicle that is so close as to constitute an immediate hazard;
      2. Not giving an audible warning before overtaking and passing a pedestrian, and not yielding the right of way to all pedestrians on the sidewalk;
      3. Operating the Bike in a careless manner that endangers or would be likely to endanger any person or property;
      4. Operating the Bike on a sidewalk;
      5. Operating the Bike at a speed greater than an ordinary walk when approaching or entering a crosswalk, approaching or crossing a driveway or crossing a curb cut or pedestrian ramp and a motor vehicle is approaching the crosswalk, driveway, curb cut or pedestrian ramp (note this does not require reduced speeds for the Bike at places on sidewalks or other pedestrian ways other than places where the path for pedestrians or bicycle traffic approaches or crosses that for motor vehicle traffic).

Moreover, pursuant to ORS 30.915 and applying to those residing in Oregon, Ariel Rider shall not be responsible for foreseeable and unforeseeable modifications, alterations, and/or changes to the Bike, regardless of whether or not Ariel Rider provided warning associated with modifications, alterations, or changes to the Bike.

 

For those residing in the state of Massachusetts, You must comply with Massachusetts Code, Ch. 85, Sec. 11B, which provides that:

 

    1. You shall not ride a Class 3 Bike on a bike path or shared-use path unless permitted by the municipality, local authority or state agency having jurisdiction over that path;
    2. You shall not tamper with or modify the Bike so as to change the motor-powered speed capability or engagement of the Bike, unless You appropriately replace the label required by subsection (3) of Massachusetts Code, Ch. 85., Sec 11B;
    3. You shall not operate a Class 3 Bike if You are under 16 years of age; however, You may ride as a passenger;
    4. You must wear a properly fitted and fastened bicycle helmet that meets the standards provided by either the United States Consumer Product Safety Commission or the American Society for Testing and Materials, or standards subsequently established by those entities, if You are operating or riding a Class 3 Bike, regardless of Your age and whether or not You are an operator or passenger;
    5. You must ensure that the municipality or local authority having jurisdiction over the streets, roads, or ways You are operating a Class 3 Bike on allow the operation of Class 3 Bikes on those streets, roads, or ways.

 

Notwithstanding, even if You reside in a state that does not explicitly make any of the following activities illegal, You represent and warrant that:

 

    1. You shall not tamper with or modify the Bike so as to change the motor-powered speed capability or engagement of the Bike;
    2. You shall wear a properly fitted and fastened bicycle helmet that meets the standards provided by either the United States Consumer Product Safety Commission or the American Society for Testing and Materials, or standards subsequently established by those entities, regardless of Your age and whether or not You are an operator or passenger;
    3. You shall not operate the Bike in a careless manner that endangers or would be likely to endanger any person or property;
    4. You shall not operate the Bike and carry a package, bundle or article which prevents You from keeping at least one hand upon the handlebar and having full control at all times;
    5. You shall not operate the Bike and carry more persons on the Bike than the number for which it is designed or safely equipped;
    6. You shall keep at least one hand on the handlebars at all time;
    7. You shall not operate the Bike on fully controlled limited access highways;
    8. You shall not operate the Bike where motorized vehicles are prohibited.

 

Moreover, You represent and warrant that You must not operate the Bike with recklessness, carelessness, or disregard for the safety of Yourself or others, including but not limited to wheelies, burnouts, stoppies, rolling stoppies, donuts, hand drags, duanes, cartoon stoppies, tail drags, heel clicks, knee draggins, stand ups, left leg crossovers, stand up wheelies, sit down wheelies, rear peg wheelies, fender grabs, sidesaddle wheelies, high chair wheelies, flamingos, rolling burnouts, crossup burnouts, switchbacks, arches, tank headstands, rolling endos, droppies, christs, reverse christs, leap of faiths, leap of deaths, and any other stunt or activity, known now or in the future, that puts You at risk for injury. YOU WAIVE ANY AND ALL RIGHTS UNDER THE LAW COMMON LAW, STATUTE, PERSONAL INJURY, PRODUCT LIABILITY, AND ANY AND ALL OTHER CLAIMS IF YOU PURCHASED  ANY AND ALL PRODUCTS BRANDED ARIEL RIDER  PURCHASED THROUGH AN INDEPENDENT THIRD PARTY INCLUDING A USED EQUIPMENT RETAIL STORE ONLINE OR PHYSICAL RETAIL STORE, INDIVIDUAL RESELLER OR OTHER THIRD PARTY.  ARIEL RIDER WILL AT NO TIME BE LEGALLY RESPONSIBLE WHATSOEVER FOR ANY CLAIM IN ANY JURISDICTION FOR PURCHASES THAT ARE NOT MADE DIRECTLY WITH ARIEL RIDER.  ARIEL HAS NO CONTROL OVER HOW A THIRD PARTY MAY ALTER ITS PRODUCT IF IT IS RESOLD AND WILL NOT BE HELD RESPONSIBLE FOR ANY INJURY, CLAIM, OR FINANCIAL LOSS DUE TO YOU USING A RESOLD, USED, OR THIRD-PARTY SALE ARIEL RIDER PRODUCT WITH NO EXCEPTIONS.


 

  1. Shipping, Refunds, Exchanges, & General Payment Information
    1. Shipping

      Please see our Shipping Policy here. 

    2. Returns & Cancellations

      Please see our Refund Policy here.

    3. Warranty 

      Please see our Warranty Information here. Please note that it's the owner's responsibility to register for a warranty within 30 days after receiving their order, failing to do so may result in no-warranty on your purchase.

    4. Bike Performance

      Please note that information regarding the expected range on a single charge on one of our ebikes is an estimate, not a guarantee. There are many factors that contribute to the actual, real-world range for an ebike battery such as the age of the battery, temperature, level of assist, speed, payload, and terrain. Given the right conditions, it is possible to get less than the expected minimum range or greater than the expected maximum range.

    5. Changing the Color or Size of Your Bike Post Purchase

      Changing the color or size of your bike can only be done if your order has yet to be shipped. If your order has not shipped, we will cancel/refund your order and a new order can be placed with the correct color or size. Please note, it is not possible for us to change the color or size of a bike order without canceling/refunding your original order and having a new one placed. Also, note that we do not save any payment information so credit card data will have to be provided for the new order.

    6. Special Offers, Codes, and Promotions

      Ariel Rider Ebikes/Arba International LLC reserves the right to put limitations on the combining, stacking, and use of any and all promotions done via the website, email, social media, or any other channels where promotions are detailed and/or distributed. Ariel Rider Ebikes/Arba International LLC reserves the right to pause all promotions, codes, and referral programs for some sales and for all new product launches.

      Any and all promos must be used at the time of purchase and cannot be used retroactively, promo codes cannot be stacked, used in tandem, etc.

    7. Discounts/Exclusive Discounts

      Products sold with any kind of discount are not eligible for returns. Please note that discounts cannot be stacked. Exclusive discounts are only eligible for ebikes that are not on sale on our website.

      Please note that discount codes and or sale prices cannot be applied to an order retroactively. 

    8. Pre-orders and Pre-Order Cancellations

      For all pre-orders, your credit/debit card will be charged immediately. There will be no delay in payment collection, regardless of when the item is expected to ship. Any and all pre-orders that are canceled prior to shipping are only eligible for a 90% refund of the total order price excluding items that are sold during sales. Items that are sold with a discount are not eligible for returns or cancellations. Discounted item sales are final. 

    9. Refunds, Exchanges, and Store Credits

      Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your return.

      If you are approved, then your refund, exchange or store credit will be processed. For refunds, a credit will automatically be applied to your credit card or original method of payment, within 2-5 days. We do offer exchanges within the US, but we don't offer any exchanges for international orders, however, you can receive a refund or store credit, so you can replace the order for the item you would like in exchange. Exchanges will typically ship the next business day after your return is processed. Returns received Friday-Sunday will ship out Monday. If store credit is requested, a promo code will be issued to you via email. Your store credit is easily applied during checkout of your next order.

      Late or missing refunds. If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next, contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at info@arielrider.com.

    10. Street Legality

      Under the United States Federal Electric Bike Regulations, e-bikes are considered street legal, and because of this are viewed as bicycles, not motorized vehicles. PLEASE NOTE, it is important for you to check your state, county, and local laws to ensure that you are riding legally and safely.

    11. 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 notify us by email.

    12. Sale Items 

      There are no returns for items on sale. All sale items are final sales, with no refunds, exchanges or credits of any kind. If sale items are returned without authorization from our customer service, they will be returned to the customer immediately and the customer will be notified. Restocking fees may apply to unauthorized returns. 

    13. Sales Tax

      Sales tax will be collected on all orders shipped to the following states and will include state and municipal (when applicable) taxes: AZ, CA, CO, FL, GA, HI, ID, IL, IN, MD, MA, MI, MN, NV, NJ, NY, NC, OH, PA, TN, TX, UT, VA, WA, WI.

    14. Credit Card Chargebacks

      If for any reason a credit card chargeback of any amount is an 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. If the item isn’t shipped at the time of the chargeback, it won’t be shipped out until the chargeback is resolved. If the item is in transit, the shipment will be stopped until the chargeback is resolved.

    15. Special Orders/Open Box Sales

      Unfortunately, special orders and open-box sales are not returnable. Each special order is made specifically for each customer and is a final sale, with no refunds, exchanges, or credits of any kind. If special orders are returned without expressed permission from our customer service, they will be returned to the customer immediately and the customer will be notified. Restocking fees may apply to unauthorized returns. For international shipping of special orders, additional charges may apply to orders containing both in-stock and special-order items.

    16. General & Entire Agreement

      Ariel Rider’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision.

      In the case that any part of these Terms is found to be illegal, unenforceable, or invalid, the remaining portions of these Terms will remain in full force and effect. If any material limitation or restriction on the grant of any license to You under these Terms is found to be illegal, unenforceable, or invalid, the license will immediately terminate. Any such invalid or unenforceable provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent.

      These Terms constitute the entire agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.