THANKS FOR CHOOSING RYDABLES!
These terms (“Terms”) govern your use of our various products and services in the country where you live (collectively, our “Services”). They are provided to you by Rydables, LLC, dba Rydables. By using our Services (including using our App or creating a user account, for example), you are agreeing to these Terms, including that you are of legal age to enter into binding contracts, so please read them carefully. You are also agreeing that you have authority to agree to these Terms, whether personally or on behalf of an entity you’ve included in your user account registration.
If you don’t agree to these Terms, you may not use our Services. We may amend these Terms from time to time, and the revised version will be effective when posted on this website or otherwise made available to you. The revised Terms supersede any previous versions. While we will provide you advance notice of any important revisions, we do recommend that you regularly review these Terms because your continued use of our Services after we make any changes to them constitutes your agreement to those changes. These Terms also expressly supersede any prior agreements or arrangements we may have with you. You may of course stop using our Services at any time, and we may terminate these Terms or your use of any Services, or generally cease offering or deny access to any portion of the Services, at any time in our sole discretion.
IMPORTANT NOTE ON ARBITRATION: PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION IN SECTION 17, WHICH REQUIRES YOU TO RESOLVE ANY DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. YOUR AGREEMENT TO THESE TERMS INDICATES YOUR EXPRESS ACKNOWLEDGEMENT AND AGREEMENT THAT YOU HAVE READ AND UNDERSTAND HOW THE ARBITRATION PROVISION WORKS.
- What Rydables Offers
Rydables was founded on the simple idea that we all deserve access to fun, safe, smart, affordable mobility. Our Services help make this idea a reality. We are continually evolving our Services, and as of the date above, they include electric 4-wheel scooters complete with a patented covering (“skin”) along with their respective parking locations and electric scooter vehicles. In these Terms, we often refer to these as a “Product” or all them collectively as “Products”. Our Services also include our mobile application (the “App”), all other related equipment, maintenance, charging, personnel, our websites (including this one), and any other information, technology and services provided or otherwise made available to you in our discretion. Our Services may come with additional terms or product requirements, which we will make available to you with the relevant Services and they will become part of your agreement with us when you use them. Please note that we are not a common carrier, we offer our Services as a convenience to those who are able and qualified to operate them, and alternative means of public and private transportation are available to you and the general public.
- Your Rydables User Account
- Account Set Up. You need an account to use our Services, which requires a valid debit or credit card or other approved payment method with expiration date (which is passed to our third party payment processor – we do not receive or store this information ourselves) as well as other requested information depending on the Product (for example, a driver’s license is required in some jurisdictions). What you provide us with must be true, accurate, complete and updated as necessary to remain accurate. Create a username and a strong password and don’t share either with anyone – your account is personal to you and not intended for anyone else, and you are responsible for all activity that occurs under it. Let us know immediately if you suspect unauthorized use of your account. We have the right to provide your various account details (like billing, account, content or use records and related information) if required by law (which may include mandatory data sharing with governments), and to protect our rights, customers or business.
- A Note on Fraud. We take it seriously, both for your protection and ours. You may only use a payment method that you have the legal right to use and you authorize us to charge this payment method for any charges you incur. If we suspect that any information you’ve provided is inaccurate, incomplete or fraudulent, we may suspend or terminate your account if and until the issue is resolved. During that time, you will lose access to some or all of our Services, either temporarily or permanently.
- Operating a Rydable
You need to meet certain eligibility requirements in order to use one of our Rydable scooters. This includes being at least 18 with a valid U.S. driver’s license with a minimum of 1 year of driving history and a clean driving record. It’s up to us to decide whether your driving record is indeed clean, but at a minimum this means you haven’t had (i) any major violations in the past 3 years, (ii) any alcohol or drug related incidents up to 7 years in the past, (iii) more than 2 minor violations in the past 3 years, and (iv) more than 1 accident in the past 3 years. You’ll be required to upload your driver’s license, and we reserve the right to approve or deny (or rescind any previous approval for) your use of these vehicles. Motor vehicle record checks will be run (and re-run, pursuant to applicable law) to ensure you meet, and continue to meet, these eligibility requirements.
- Using the App and our Services
You can use the App to locate, reserve and access our available Products. Please understand that for supply and related reasons, we reserve the right to accept or reject your reservation requests, and your receipt of our confirmation does not necessarily equal acceptance or constitute confirmation of our offer to make the Services available in any particular instance. If your reservation via the App is rejected after your request, you’ll receive the applicable refund assuming your payment method was charged in the first place. If pricing in the App turns out to be incorrect for any reason, we reserve the right to cancel or reject a corresponding reservation and will issue you the applicable refund.
- A Few Essential Rules.
- Unless we give you express permission otherwise, you must be the only user of our Services, other than minors 11 and younger (who are not permitted to drive or ride alone), riding in front of, and with, an 18 or older primary driver but additional rules in these Terms or otherwise communicated to you may also apply.
- You must be at least 18 to rent a Rydable, and at least 12 to drive alone.
- Only 1 (ONE) person 12 years old or older is allowed per Rydable. The ONLY exception to this is when a driver who is 18 years old or older is carrying one younger rider (11 years old or younger) and is seated in front of the older driver.
- You must be able to operate our Products in a safe, sober and competent manner. You know how to use them and are physically able to do so. You understand that adverse weather conditions can impact safety and you are able to respond accordingly (like adjusting your braking distance in the rain, for example). This may also mean not using certain Products at all. Also note that we don’t provide routing directions or advice, so the route you choose is up to you. Watch out for steps, curbs, large cracks and uneven surfaces.
- While we do our best to educate you on local laws governing how to use our Products, please ensure that you have familiarized yourself with these laws as well, which you must follow when you use our Services. Don’t use our Services in prohibited areas, and make sure you understand the laws on sidewalk use, parking, child safety and NO, NONE, ZERO alcohol/drug use during operation.
- Don’t tamper with, vandalize or in ANY way try to gain unauthorized access to our Services.
- Minors 12 and over can use Rydables only while in the company of, and close adult supervision of, a parent, guardian or responsible party that is 18 years old or older. They must demonstrate an ability to perform the necessary safety-checks and procedures of use (both discussed below), and you must educate them on the laws that apply to them and supervise their use at ALL times. You are legally responsible for all of their activity as if it was your own.
- Safety First! – Perform all Safety Checks and Stay Alert and Attentive at ALL Times.
We recommend that you wear comfortable, safe footwear any time you use any of our scooters. Any protective gear is no guarantee against personal injury. Helmets are required by law in some areas, so definitely wear one if those laws apply to you. If you choose not to wear a helmet and are injured as a result, we are not responsible. You (and your passenger) are of course required to operate your Rydable in a safe, courteous, thoughtful manner, obeying ALL applicable rules, laws, ordinances and local requests.
We do our best to keep each Product in good condition, but you should still perform a safety check on the Product before you use it, including all of these:
- Did you check its general condition (wheels, tires, etc.)?
- Do its brakes and lights work?
- Is the seat, footrests and steering assembly in good repair?
- Is the battery charged?
- Is there any other sign of damage, unusual or excessive wear or is maintenance needed?
- Is the skin clean and in good repair, free of rips, tears, stains?
Something could have happened to the Product since its condition was last checked, and we need you to tell us if something isn’t working properly or needs our attention if you notice it before we do. If you notice any of these or other issues in a Product before your use, don’t use it. Reserve another one instead. If you notice something during use, stop your trip as safely as you can and as soon as possible. If you don’t report these issues, we may have to attribute them to you, including holding you responsible for any associated costs, so please tell us if anything you see doesn’t look right.
- Additional Rules for Electric Products.
- We don’t have unlimited amounts of electric Products and they aren’t always available.
- Electric Products require periodic battery charging to operate. Their level of charge power will decrease with use over time, load, terrain and distance. They lose their battery charge for various reasons, including due to weather, road conditions, Product type and other factors.
- It is your responsibility to be aware of the level of charge power in the Product you are using. As part of our Services, we work diligently to ensure that our Products have adequate charge for your general use, but we don’t know where you intend to go and we can’t guarantee the electric Product you use has enough charge power to get you there.
- Be Safe When Using Our Products!
We want a safe experience for you and those around you in your community, and that means we have some rules. Aside from simply exercising caution and good judgment, you shouldn’t carry any items (like a briefcase or a bag) or use any device (like a cell phone or other portable device) if they impair or hinder safe use (no texting while using our Services, for example). There will not always be a designated place for you to ride, such as a bike lane, so exercise caution when riding around cars and other traffic (we aren’t responsible for the actions of drivers, pedestrians, or other third parties). You may not use our Services while under the influence of alcohol, drugs or other substances. Don’t carry other people or animals while using our Services (with some exceptions, like a small service animal). Please don’t lock up any Product with a lock that isn’t ours, because then we can’t unlock it (!). Please don’t leave a Product in a manner or location which we can’t access (if everyone did that, there would be no Products to use). We may charge you up to $6,995 if we are not able to retrieve any Product due to your actions.
You are also not permitted to use our Services to participate in activities beyond a particular Product’s intended use. Some of these are obvious, but for example, no racing, all-terrain riding, stunts or trick-riding, and don’t take a Product off-road or through standing water (beyond normal urban riding, of course). All of these uses can damage our Products. You may not use our Services for hire, reward or for any other commercial use (like advertising, ride-sharing or food delivery). And of course, do not use our Services in connection with the violation of any law.
- Treat Our Products Like They Were Your Own (or better)!
- Proper Use. If all customers treat our Products with respect, more of them will be available to use and in better condition. Our Products are unfortunately not indestructible, so please take good care of them when they are in your hands. They have weight limitations – 350 pounds. You may not use a Rydable to tow or haul a trailer, other vehicle or person on a scooter, etc… We expect you to use the Products safely, including when you carry cargo in general. For example, don’t carry cargo if it blocks your visibility. If you leave any personal belongings on or in our Products or on our premises, we’ll hold them for 90 days unless the law requires longer.
- Damage. We expect that other than normal wear and tear, you’ll return (meaning, deactivating) a Product in the same condition in which you received it. If you damage it (accidentally or intentionally), or fail to properly return it and damage occurs, you’ll be responsible for the associated costs. This can get pricey – up to $6,995 for a complete Rydable unit and the pricing for subsets of a complete Rydable unit as set forth in the App for various parts and aspects of the Rydable. You may also be charged for cleaning if you get them dirty (we have a no smoking policy and we may have to charge you to remove the odor, by the way). The same charges will apply for any Product not returned within 24 hours, which we consider lost or stolen and, depending on the circumstances, we may need to file a police report against you. We also reserve the right to take any action against you that the law allows, including holding you liable for the full value of the Product. These are expensive pieces of equipment so please take proper care of them for your sake, our sake and the product’s sake as well as for the sake of others in the community that wish to use our Products/Services and who will take proper care of them.
- Periods of Use. You can use a Product for up to 24 hours. Keep track of your time as we don’t do it for you. You need to return the Product within that time period, and after that, you can use it again. You can return a Rydable in any legal, authorized Return Location within the approved area of use (check your App to know where that is). Each Product has a maximum 24-hour service fee – $750 and the pricing set forth in the App for any other related fees or options (which may vary due to their higher costs). When you return a Product, you’ll be charged the lesser of your accumulated service charges based on our in-App pricing or the maximum 24 hour fee.
- Product Pick-Up. If you are unable to return a Product to a valid and authorized Return Location, and you ask that we pick that Product up, we may charge you a pick-up fee of up to $195. If you just plain abandon a Product in a place it shouldn’t be left, you’ll be responsible for all associated fees until it’s recovered, plus a service charge of up to $195. We may change these amounts in our discretion and without notice.
- Accidents or Damage to Products Generally. You must report any accident, crash, damage, personal injury, or a stolen or lost Product to us as soon as possible. If an accident involves personal injury, property damage or a stolen Product, you must file a report with the local police department within 24 hours. Note that we carry the necessary insurance as required by law.
- Financial Terms
- Pricing & Payment.
You may use our Services on a per-ride or subscription basis (where subscriptions are available). All pricing can be found in the App. Please note that we may change pricing for our Services as we deem necessary or appropriate for our business. Our pricing is exclusive of taxes (like sales and value added) and other applicable governmental charges. All of these will be charged to your preferred payment method designated in your account based on your use. We will automatically charge and withhold the applicable taxes if required by law. All payments to us are made through a third-party payment processor in the form of payment accepted by them. If you disagree with any charges we have made to your account, you must let us know within 10 business days from the end of the month in which the disputed charge took place. To resolve any disputed charges, we will need certain trip information, including the date and approximate start and end times of your trip. As a policy, we do not offer refunds for your use of our Services, and any exceptions to this policy are in our sole discretion.
- Promotional Codes.
At various times we provide promotional codes for discounted trips. Please understand that these are one-time offers, are only redeemable via the App and we may modify or cancel them at any time. We limit these to 1 per user and account, they can’t be combined with other offers, they will expire in accordance with their terms and are not transferable or permitted to be resold.
If available in your area, you may use our Services by purchasing a monthly subscription. There are some additional rules about subscriptions:
- Your subscription will begin on the date your first payment is received, and our third party payment processor will charge your preferred payment method within 30 days of authorization. Your subscription will continue for the period of time you selected at sign-up (or month-to-month if no period was specified for some reason).
- The applicable price is the price at the time you submit your order (we reserve the right to change prices over time, and we do not provide price protection or refunds in the event of a price drop or promotional offering). We’ll automatically bill and charge you each month during the term of your subscription.
- We may offer a variety of membership plans, including free trials, discounted pricing for limited times or special third-party promotional plans that may have different or additional terms disclosed to you at or before sign-up. Some of these are offered by third parties, and we are not responsible for their products and services. With free trials, some credit card companies may place a temporary hold on your payment method for your first payment.
- We reserve the right to modify, terminate or otherwise amend any subscription membership plans.
- We may cancel your subscription for any or no reason on 30 days prior written notice to you. You may do the same, but if it’s in the middle of your subscription term, you will not receive a refund for partial months and it may mean you forfeit any membership fee. We may also cancel your subscription if you fail to pay amounts due, or if you are in material breach of these Terms.
- Our subscription will automatically renew at the then-current prices for the same length of time as your original membership term. It will continue indefinitely unless you cancel it before the end of your then-current subscription term. Our pricing and applicable taxes and fees may change over time, so the pricing from one subscription term to the next may be different. We reserve the right to change subscription pricing at any time, but if we do, we’ll give you notice of such change first (this might be in-App or other electronic communication). If you don’t agree with the new pricing, you can cancel your subscription.
- You have 45 days from the day charges appear on your account statement to dispute them – after that, you are deemed to have accepted these charges.
- Fines and Fees.
When you are using our Services, you must comply with the laws that apply to you. If you receive a ticket or a fine, cause a Product to be confiscated, towed and/or impounded or receive any other penalties or fees, you’ll be responsible for the associated costs. We cooperate with all governmental officials in their enforcement of the applicable laws, and for expediency we may pay amounts you owe on your behalf and provide any necessary information requested or required by the applicable government agencies. If we do so, you are required to pay us back plus a reasonable administrative fee plus any applicable costs associated with third party collection or administrative agents if we have to use them to resolve the issue. By agreeing to these Terms, you agree that we may charge these amounts to your preferred payment method indicated in your account, and we may need to contact you for additional information.
- Warranty Disclaimers
We provide our Services using a commercially reasonable level of skill and care, and while we strive for the highest quality in everything we do, there are certain things we cannot promise of our Services. WE PROVIDE OUR SERVICES “AS IS” AND “AS AVAILABLE.” OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, THE RELEASED PARTIES (WHICH WE DEFINE IN THE NEXT PARAGRAPH) DO NOT MAKE ANY SPECIFIC PROMISES ABOUT ANY SERVICES, WHETHER ABOUT THE SPECIFIC FUNCTIONS OF SUCH SERVICES, THEIR RELIABILITY, QUALITY, AVAILABILITY OR ABILITY TO MEET YOUR SPECIFIC NEEDS OR OTHERWISE, OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE AND OUR RELEASED PARTIES EXCLUDE ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED.
- Limitation of Liability
WHEN PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE RELEASED PARTIES FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO US$100. IN ALL CASES, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
OUR PRODUCTS ARE MACHINES AND THERE IS INHERENT RISK ASSOCIATED WITH USING THEM, INCLUDING DUE TO MALFUNCTION NO MATTER HOW WELL THEY ARE MAINTAINED. THESE RISKS ARE NOT ALWAYS OBVIOUS, AND THEY MAY CAUSE PROPERTY DAMAGE, INJURY OR EVEN DEATH TO YOU OR OTHERS. BY USING OUR SERVICES, YOU AGREE THAT YOU UNDERSTAND THESE RISKS, THAT IT IS YOUR RESPONSIBILITY TO USE OUR SERVICES SAFELY AND THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES IS YOURS AND YOURS ALONE. YOU ARE RESPONSIBLE FOR ANY HARM YOU CAUSE TO OTHER PEOPLE OR PROPERTY. YOU ARE RESPONSIBLE FOR THOSE MINORS WHO ARE UNDER YOUR CHARGE AND ALL OF THEIR ACTIONS.
YOU HEREBY WAIVE ANY AND ALL CLAIMS, INCLUDING THOSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY AND/OR ANY OTHER GROUNDS, EVEN IF ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.
THE PROVISIONS IN THIS SECTION 8 APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.
When we use the term “Released Parties” in these Terms, we mean (i) us and our affiliates and subsidiaries and our and their respective owners, managers, officers, employees, directors, agents, representatives, successors, assigns, licensees, distributors, vendors and third parties with whom we authorize or otherwise partner with to distribute, market or otherwise commercialize the Services, (ii) municipalities and public entities (including all of their respective elected and appointed officers, officials, employees and agents) which authorize us to operate any of the Services, (iii) owners and ground lessees of the property (including all of their respective elected and appointed officers, officials, employees and agents) which authorize us to operate any of the Services on its premises, and (iv) to the extent you access the Services using a third party application, website, content, product or service, that third party and all of its affiliates and subsidiaries and each of their respective owners, managers, officers, employees, directors, agents, representatives, successors and assigns.
You agree to indemnify and hold the Released Parties harmless from any and all claims, actions, costs, damages, penalties, fines, demands, losses, liabilities and expenses (including attorneys’ fees and court costs) arising out of or in connection with (i) your use of the Services (including the payment of fines and other fees in Section 6 above), (ii) your breach or violation of any of these Terms or any applicable law, (iii) any of the Released Parties’ use of your content discussed in Section 13, or (iv) your violation of the rights of any third party. The Released Parties reserve the right to assume the exclusive defense of any of the foregoing, and you agree not to settle any of the foregoing without the applicable Released Parties’ prior written consent. You agree that the obligations in this Section 9 will survive any termination of these Terms, your user account or your access to our Services generally.
- Your Personal Information
Our collection and use of personal information in connection with the Services is set forth in our Privacy Notice. We and/or our third party contractors monitor the location, charge (for electric Products) and battery charge status, odometer and other driving/trip information, and we may collect information regarding your use of the Services, subject to our Privacy Notice.
- Text Messages and Telephone Calls
Unless you opt out, you agree that we may contact you by telephone, SMS or text message (including through use of an automatic telephone dialing system) at the phone numbers you have provided to us, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You may opt out of receiving telephone calls, SMS or text messages from us at any time, either by texting the word “STOP” in response to a text message received from us using the mobile device that is receiving the messages or by contacting us at https://www.rydables.com/contact-us or by calling our Customer Service at (833) RYDABLES.
- Intellectual Property
- Our Limited License to You
Subject to these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the App and our related software and services on your personal device solely for your use of our Services. Such rights are for your personal, noncommercial use only. Any rights not expressly granted herein are reserved by us and our licensors. You are not allowed to copy, modify, distribute, sell or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of the Services or software, unless laws prohibit these restrictions or you have our written permission to do so. Don’t do anything that places an unreasonably large load on our Services’ infrastructure, use any robots, spiders, scrapers or other automated means to access our Services, try to interfere with the proper working of our Service or attempt to bypass any of our security measures to access the Services.
The Services are our exclusive property, and your use of them does not transfer any ownership rights to you. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access, and except for the limited license granted to you above, all rights therein (including all intellectual property) belong to us or our licensors. You may not use content from our Services without our express prior permission or as otherwise permitted by law. These Terms do not grant you the right to use any trademarks, branding or logos used in our Services or otherwise, including in any advertising or publicity or to imply our endorsement in any way. Please do not obscure or alter any legal notices displayed in, along with or in connection with our Services.
12.3. Digital Millennium Copyright Act & Claims of Copyright Infringement
Claims of copyright infringement should be sent to our designated agent. Please visit us at https://www.rydables.com/contact-us for all relevant contact information.
- Content Provided by You
You may at times be invited to submit content to us (like a comment to a blog post, to participate in our communities or provide user tips). You retain ownership of this content but we ask that you make sure you have the right to submit it to us in the first place, because when you submit it, you give us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute it as well as your name, voice and/or likeness if also submitted (like if you take a selfie or video when using a Product). This license continues even if you stop using our Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you. Any content you submit is deemed non-confidential.
Do not submit any content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive (we will be the judge of whether your content meets any of these descriptions). The same goes for “spam” or unsolicited advertising. We have the right, but not the obligation, to review, monitor or remove your content at any time for any reason without notice.
- Third Party Services and Content
- Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services (including the App) and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
These Terms will be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflicts of law provisions. You may not assign these Terms without our prior written approval. We may assign these Terms without your consent to a related or affiliated entity or in the event of a sale of all or substantially all of our assets, stock or business, or to a successor by merger. Any purported assignment in violation of this paragraph is void. No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of our Services. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced to the fullest extent under the law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless we acknowledge and agree to it in writing, and it is not a waiver of our right to do so later. This provision will not affect the Severability and Survivability section of the Arbitration Agreement of these Terms. Force majeure events may prevent us from providing the Services. Note that when we say “include” or “including” throughout these Terms, we really mean “including, but not limited to” but do this for ease of reading. Provisions that by their nature are intended to survive the termination of these Terms or your use of the Services will survive.
- MUTUAL ARBITRATION PROVISION
Before bringing a formal legal case, please first try contacting our Customer Support. Most disputes can be resolved that way.
17.1 We each mutually agree to resolve any justiciable disputes between us exclusively through final and binding arbitration instead of filing a lawsuit in court. This arbitration provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) and will apply to any and all claims arising out of or relating to your access or use of the Services, any communications, advertising or marketing by or regarding us or the Services, any products or services sold or distributed through the Services that you received as a consumer of our Services, any aspect of your relationship or transactions with us, any of our actual or alleged intellectual property rights, and all other aspects of your relationship with us, past, present or future, whether arising under federal, state or local statutory and/or common law (collectively, the “Dispute”). We each also expressly agree that this Agreement will be governed by the FAA even in the event you and/or we and/or these Terms are otherwise exempted from the FAA. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, Arizona law governing arbitration agreements will apply.
17.2 If either of us wish to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to us at Rydables, LLC. dba Rydables, c/o CT Corporation System at the address listed at https://www.rydables.com/contact-us (please choose the location in your home state).
17.3 Class Action Waiver. We each mutually agree that by entering into this agreement to arbitrate, we both waive our right to have any dispute or claim brought, heard or arbitrated as, or to participate in, a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action (“Class Action Waiver”). In any case in which (1) the dispute is filed as a class, collective or representative action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. Notwithstanding any other clause contained in this Section 17 or the JAMS Rules, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All other disputes with respect to whether this Mutual Arbitration Provision is unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
17.4 Any arbitration shall be governed by the then-current Commercial Arbitration Rules of the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and our officer or legal representative consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require us to pay a greater portion or all of such fees and costs in order for this Section 17 to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator or arbitration panel, as the case may be, will apply and be bound by this Section 17 and any additional terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award. All issues are for the arbitrator to decide, including arbitrability. This arbitration provision shall survive termination of this Section 17 or the Services. You can obtain JAMS procedures, rules, and fee information as follows: JAMS: 800.352.5267 and http://www.jamsadr.com.
17.5 Except as provided in the Class Action Waiver, the arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is applicable.
17.6 Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute may only be instituted in state or federal court in Phoenix, Arizona. Accordingly, we each mutually consent to the exclusive personal jurisdiction and venue of such courts for such matters. The award issued by the arbitrator may be entered in any court of competent jurisdiction.
17.7 This Mutual Arbitration Provision will survive any termination of your relationship with us.
17.8 This Mutual Arbitration Provision is the full and complete agreement relating to the formal resolution of disputes covered by this Mutual Arbitration Provision. This Section 17 can be amended only by our mutual written agreement. In the event any portion of this Mutual Arbitration Provision is deemed unenforceable, the remainder of this Mutual Arbitration Provision will be enforceable.