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Go Bike Go TERMS OF USE

PLEASE READ THESE TERMS OF USE AND ANY HYPERLINKED POLICIES (COLLECTIVELY THE “AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITES AND SERVICES OFFERED BY Go Bike Go, INC. (“Go Bike Go”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT Go Bike Go.COM (HEREINAFTER COLLECTIVELY REFERRED TO AS THE “SITE”) AND ALL SERVICES PROVIDED BY Go Bike Go ON THE SITE (THE “SERVICES”). BY USING THE SITE AND SERVICES OFFERED BY Go Bike Go (INCLUDING THE Go Bike Go APP), AND INCLUDING BUT NOT LIMITED TO BROWSING THE SITE AND/OR CLICKING THE “ACCEPT TERMS OF USE” LINK, YOU, WHETHER AN INDIVIDUAL OR AN ENTITY (THE “USER” OR “YOU”) ARE EXPRESSLY AGREEING TO BE BOUND BY THESE TERMS OF USE INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK. BY USING THE SITE AND SERVICES OFFERED BY Go Bike Go YOU HEREBY WAIVE ANY AND ALL CLAIMS CHALLENGING THE APPLICABILITY OR BINDING NATURE OF THE TERMS OF USE. THESE TERMS OF USE APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE VENDORS, CUSTOMERS, MERCHANTS, CONTRIBUTORS OF CONTENT, INFORMATION AND OTHER MATERIALS OR SERVICES ON THE SITE. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THE SITE.

Please note that Section 8 below contains an arbitration clause and class action waiver. By agreeing to the Terms of Use, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

1. Go Bike Go is a Marketplace/Venue

Go Bike Go acts as a marketplace/venue to allow users who comply with Go Bike Go’s Terms of Use and policies to offer, sell, advertise, and buy bicycles, bicycle parts, and related parts and merchandise. While Go Bike Go has processes in place to review the veracity and propriety of listings and to vet buyers and sellers, it cannot guarantee the truth, accuracy or legality of listings or the ability of sellers to sell items or the ability of buyers to pay for items.  Go Bike Go also cannot ensure that a buyer or seller will actually complete a transaction or guarantee the true identity, age, and nationality of a user. Go Bike Go encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification. You agree that to the fullest extent protected by law, Go Bike Go is a marketplace/venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or third parties on Go Bike Go. YOU USE THE Go Bike Go SERVICE AT YOUR OWN RISK AND AGREE THAT THE SITE IS PROVIDED TO YOU WITH ALL FAULTS, INCLUDING NO PROMISE OF CONTINUOUS SERVICE (SEE SECTION 17 BELOW). PLEASE ALSO SEE THE SECTIONS ON NO WARRANTIES (SECTION 14), LIMITATION ON LIABILITIES (SECTION 15) AND INDEMNITIES (SECTION 16) BELOW.

2. Membership

(A)
Age: Go Bike Go is fully committed to compliance with the Children’s Online Privacy Protection Rule (“COPPA”) as well as applicable contract law. Accordingly, Go Bike Go’s services are available only to, and may only be used by, individuals who are 18 years of age and older who can form legally binding contracts. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Go Bike Go may, in its sole discretion, refuse to offer access to, or use of the Site to, any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use Go Bike Go’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all such cases, the adult is the User and is responsible for any and all activities.
(B)
Compliance: You agree to comply with all applicable laws regarding online conduct and acceptable content. In addition, you must abide by Go Bike Go’s policies as stated in these Terms of Use as well as all other Community Rules, policies and procedures that may be published from time to time on the Site by Go Bike Go, each of which is incorporated herein by reference and each of which may be updated by Go Bike Go from time to time without notice to you. To the fullest extent permitted by law, you hereby waive any and all claims and rights with respect to notice of changes to the Terms of Use or other associated policies. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Go Bike Go from time to time; your use of such services is subject to those additional terms, conditions and policies, which are incorporated into this Agreement by this reference.
(C)
Password: Your password is your responsibility. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Go Bike Go of any unauthorized use of your password or any breach of security. You also agree that Go Bike Go cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. Except for password managers used in accordance with best practices, you agree not to provide your username and password information in combination to any other party other than Go Bike Go without Go Bike Go’s express written permission.
(D)
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To buy and sell items on Go Bike Go you must provide and maintain valid payment information such as valid credit card information, contact information, bank account information, and/or a valid Stripe Acct.
(E)
Account Transfer: You may not transfer or sell your Go Bike Go account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
(F)
Right to Refuse Service: ACCESS TO Go Bike Go’S SERVICES AND THE SITE IS A PRIVILEGE GRANTED AT Go Bike Go’S SOLE DISCRETION. YOU HAVE NO RIGHT TO ACCESS Go Bike Go’S SITE. Go Bike Go will terminate any user who it determines is providing services competitive to Go Bike Go through the Site. Go Bike Go’s services, and all access to the Site, are not available to temporarily or indefinitely suspended Go Bike Go members. Additionally, Go Bike Go reserves the right, in Go Bike Go’s sole discretion, to cancel unconfirmed or inactive accounts or to disable, deactivate or terminate your account should we have reason to believe you, your Content, or your use of our Services have violated our Terms of Use, including our Community Rules. Generally, Go Bike Go will notify you that your account has been disabled, deactivated, or terminated, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

3. Community Rules

(A) Code of Conduct

Go Bike Go respectfully requires that all users of its sites adhere to the following Code of Conduct as a prerequisite to being a member of the Go Bike Go community.

  • Always adhere to these Terms of Use.
  • Only use the platform if you are over 18 years old or have the supervision of an adult or guardian who is over 18 years old.
  • You are solely responsible for your conduct and activities on and regarding to Go Bike Go and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Go Bike Go.
  • Your Content and your use of Go Bike Go shall not be false, inaccurate or misleading, fraudulent or involve the sale of illegal, counterfeit or stolen items.
  • You shall not infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
  • You shall not violate any applicable law, statute, ordinance or regulation.
  • You shall not sell items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall.
  • Do not use a fake identity, one confusingly similar to Go Bike Go, or one confusingly similar to another brand or well-established third party.
  • Do not create a new or alternate account to avoid restrictions or limitations imposed on another account.
  • Do not interfere with another users’ business or listing(s).
  • Do not take any transaction off-site, nor encourage anyone to engage in any offsite transaction of any kind.
  • Do not share your personal contact or financial information, including phone number, address, email, social media handles, external URLs, banking information, etc., with another Go Bike Go user or in any public areas of the site, except as required by law, or as directed by Go Bike Go.
  • Do not make false or misleading claims about other users.
  • Always treat other users with respect.
  • Do not make threats against Go Bike Go or its staff.
  • Always treat the Go Bike Go team with respect.
  • Always provide accurate personal and contact information in your Go Bike Go account.
  • Do not engage in any illegal activity, including the infringement of intellectual property, listing items that do not exist or you do not own, shipping items that are different from your listing or the applicable order, money laundering or other forms of fraud.
  • Do not engage in discrimination or hate speech of any kind including adverse references to any Protected Class. Protected Classes on Go Bike Go include: age, race, ethnicity, national origin, religion, gender, gender identity, disability, sexual orientation, or any other characteristic protected under applicable law.
  • Do not use the platform to engage in threats of violence or to encourage violence in any manner.
  • Do not use the platform to harass, impersonate or intimidate other users.
  • Do not use the site to engage in the transmission of pornography or any obscene materials.

Your access to any and all Go Bike Go websites is conditioned on your adherence to this policy. Any violation of this section may result in immediate termination of your rights as a Go Bike Go user. Determinations will be made at the sole discretion of Go Bike Go and may be implemented without warning or the ability to cure.

(B) Listing Standards

In order for Go Bike Go to function optimally, Go Bike Go sellers must adhere to the following standards governing their listing(s):

What can be sold on Go Bike Go

Bicycles, electric bicycles, bicycle parts, bicycle accessories, bicycle clothing and bicycle tools.

What can’t be sold on Go Bike Go

Bicycle art work, bicycle memorabilia, non-bicycle related items, gasoline powered bicycles.

Listing Quality Standards

If you are selling items on the Site and/or using the Services:

  • You warrant that you may legally sell the item.
  • You must accurately describe your item and all terms of sale in your Go Bike Go shop.
  • Your item must be accurately described and be authentic. Go Bike Go reserves the right to require Certificates of Authenticity (COA), Letters of Authenticity (LOA), or serial numbers demonstrating that an item is what it is purported to be.
  • Your listings may only include text descriptions, graphics, videos, pictures and other content relevant to the sale of that item supplied by yourself.
  • You may not use stock photography unless you are an authorized dealer or it is a pre-order offer direct from a manufacturer or an authorized distributor. You also may not use content developed by third parties without their express written permission.
  • Listings may not include links or reference to other selling venues, external listings, websites or selling channels. The inclusion of phone numbers or email addresses directly in listings, shop banners, or shop policies is prohibited. Any such additions will be removed from the listing by Go Bike Go without notice.
  • All items must be listed in an appropriate category with appropriate tags.
  • Each listing must accurately and completely describe the item/items for sale in that listing.
  • If the “in stock” quantity is more than one, all items in that listing must be identical.
  • Each unique item must have its own listing.
  • Your listing shall not promote the sale of gear or the use of images that denigrate any Protected Class.
  • Your listing shall not contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  • Your listing shall not host images not part of a listing.
  • Your listing shall not modify, adapt or hack Go Bike Go or modify another website so as to falsely imply that it is associated with Go Bike Go. Your listing shall not appear to create liability for Go Bike Go or cause Go Bike Go to lose (in whole or in part) the services of Go Bike Go's ISPs or other suppliers.
  • Your listing shall not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under the Terms of Use, the Privacy Policy, or other policies as posted on Go Bike Go.
  • Your shop may not contain a name deemed offensive, in Go Bike Go's sole discretion.
  • You may not list any item on Go Bike Go (or consummate any transaction that was initiated using Go Bike Go's service) that, by paying to Go Bike Go the listing fee or the final value fee, could cause Go Bike Go to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
  • The price stated in each item listing description must be an accurate representation of the sale.
  • Go Bike Go reserves the right to edit or amend listings that violate any of its terms, conditions or policies.
  • You may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items, but you may not charge excessive shipping fees.
  • You may not misrepresent the item's location, or use another user's account without permission.

Your access to any and all Go Bike Go websites is conditioned on your adherence to this policy. Any violation of this section may result in immediate termination of your rights as a Go Bike Go user. Determinations will be made at the sole discretion of Go Bike Go and may be implemented without warning or the ability to cure.

(C) Shop Policies

All sellers are urged to outline shop policies for their Go Bike Go shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Go Bike Go’s site-wide policies. Sellers are responsible for enforcing their own shop policies. Go Bike Go reserves the right to request that a seller modify a shop policy.

(D) Binding Sale and Shipping Obligations

All sales are binding. The seller is obligated to package and ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance as outlined in Section (F) (Buyer or Seller Initiated Cancellations). If the seller agrees to 2-day free shipping, the seller is obligated to deliver the item in two days. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance outside of the buyer's reasonable control. By purchasing an item on Go Bike Go, the buyer agrees to the specific return and other policies set forth by the individual seller and the seller is obligated to adhere to their return and other policies. Both buyer and seller acknowledge and agree that transactions on the Site are between the buyer and seller. The Site exists as the platform for the transaction, but does not make Go Bike Go a party to the transaction. Accordingly, Go Bike Go retains the right to suspend or terminate a user's privileges for failing to consummate a transaction, but Go Bike Go does not have a mechanism to force the completion of a sale or force acceptance of payment. Any failure to complete a binding sale may result in immediate termination of your membership to Go Bike Go.

(E) Delivery Policy and Refunds/Returns

If you sell an item on Go Bike Go, you are obligated to deliver the actual item that was sold, or one of the series, in a reasonable period of time after the sale. You cannot deliver a substitute or replacement item, or withhold delivery, without the express consent of the buyer. If you have not shipped within three (3) business days of completing the sale, Go Bike Go reserves the right to issue a refund to the buyer on your behalf. To the extent there are issues with payment, please direct them to Go Bike Go Customer Engagement at support@Go Bike Go.com.

Go Bike Go encourages buyers to contact sellers when any issues or questions arise related to their order, and buyers and sellers should work together to resolve issues directly. If a buyer wishes to return an item, sellers are obligated to follow their shop policy on returns and refunds or, in the instance of a sale in the EU, may be obligated to accept a return pursuant to EU law. If you agree to refund an item, you must issue the refund within two business days of your receipt of the product.

If you are unable to resolve an order issue with a buyer directly, Go Bike Go may be able to assist if the item is not delivered or not as described (i.e. the item received is significantly different from the listing description based on appearance, condition, etc). If an item was lost in transit, you should work directly with the shipping carrier to file a claim.

Go Bike Go may attempt to resolve disputes in Go Bike Go's sole discretion, but Go Bike Go has no obligation to resolve disputes between users and outside parties. To the extent that Go Bike Go attempts to resolve a dispute, Go Bike Go will do so in good faith based solely on Go Bike Go's policies, and you understand that Go Bike Go may use your personal information for the purpose of resolving a dispute.

(F) Drop Shipping and Pre-Order Policy

Drop shipping is the process of using chain shipping to have an item shipped directly to the Buyer from another retailer, merchant, or a source besides yourself and your shop.

Pre-Orders are listings for items which have not yet been manufactured, or which are otherwise not currently available for shipping.

In order to ensure speedy delivery and outstanding service on gear sold through Go Bike Go, only sellers who are an authorized dealer of, or who are the maker of the item being listed may create listings for drop shipping or pre-orders. Go Bike Go reserves the right to request additional information to verify whether or not a seller meets the criteria for drop shipping and/or pre-orders (e.g. dealer documentation, wholesale invoices, etc.).

Sellers who wish to use drop shipping must meet the following conditions:

  • Listings are posted as pre-orders if there is no immediately available stock
  • Items are shipped in accordance with Go Bike Go’s shipping timelines

Sellers who wish to list pre-order items must meet the following conditions:

  • The seller receives pre-approval to list items for pre-order by contacting our Customer Experience team
  • Items are shipped based on the estimated ship date provided by the seller

In all cases, the seller cancellation rate must be in line with the Go Bike Go cancellation policy.

Failure to adhere to these conditions may result in account restrictions. Go Bike Go reserves the right to deny or remove this ability if the seller fails to meet the criteria shown above, or if we determine the seller is unable to provide a satisfactory buying experience to customers.

(G)Order Issues, Cancellations, Returns and Refunds

Seller-Initiated Cancellations

If you are unable to fulfill an order and must cancel and refund it, please keep in mind that cancellations and refunds must follow Go Bike Go’s policy, including our anti-discrimination policy.

Seller-initiated cancellations create a poor experience for buyers. To help maintain buyer trust and limit seller-initiated cancellations, Go Bike Go expects seller listings to accurately reflect a seller's inventory. Processing fees for Go Bike Go Payments will be refunded for up to and including five (5) seller-initiated canceled and fully refunded orders per month only. Processing fees for Go Bike Go Payments will not be refunded for additional seller-initiated canceled and fully refunded orders.

What does “seller-initiated” include?

  • Cancellations requested by the buyer are not considered “seller-initiated.” Any attempts to persuade a buyer to cancel so that the seller may avoid the cancellation policy will result in account action.
  • Cancellations resulting from the item being lost in transit or damaged during delivery are not typically considered “seller-initiated,” because we understand that sometimes carrier mistakes are made. Please note that these claims are monitored for abuse and in some cases, supporting documentation may be requested.

Buyer-Initiated Cancellations

Generally, if you are looking to cancel, return or get refunded for an item you purchased on Go Bike Go, the first step is to contact the seller. Depending on the nature of the return or cancellation the seller may ask you to request a refund or may initiate the cancellation themselves. Cancellations must follow Go Bike Go’s policy, including our anti-discrimination policy.

Additionally, each seller sets their own shop policies regarding things like refunds and returns, and any issues will be governed initially by the seller's refund policy. If you've reached out to the seller and haven't heard back, or if you're unable to resolve your issue, Go Bike Go may be able to help. Generally, Go Bike Go can assist with unresolved order issues where the item is not delivered or not as described (i.e. the item received is significantly different from the listing description based on appearance, condition, etc.). However, there are some important details to note for specific situations:

  • If an item arrives not as described, it is within the seller's discretion whether or not to issue a partial refund, pay for a repair or, instead, to require that the item be returned for a full refund.
  • If an item was lost or damaged in transit, and the item was sent with a third party, non-Go Bike Go label, the seller should work directly with the shipping carrier to file a claim.

Go Bike Go may attempt to resolve disputes in Go Bike Go's sole discretion, and Go Bike Go has no obligation to resolve disputes between users and outside parties. To the extent that Go Bike Go attempts to resolve a dispute, Go Bike Go will do so in good faith based solely on Go Bike Go's policies, and you understand that Go Bike Go may use your personal information for the purpose of resolving a dispute.

(H) Off-Site Transactions/Void Transactions/Fee Avoidance

No sales may be carried out via private message as a means to avoid Go Bike Go's sales fee or applicable taxes. Any other efforts to move sales initiated on Go Bike Go off-site to avoid fees is strictly prohibited and may result in account suspension or termination. Any transaction initiated on the Site, but consummated off-site will not be subject to any of Go Bike Go's policies or protections. Go Bike Go reserves the right to charge its fee for any transaction initiated on the Site and completed off-site. Go Bike Go further reserves the right to charge a selling fee upon finding any express intent to move a transaction off-site. You waive any and all claims against Go Bike Go for any fees listed in this section.

(I) Shipping Labels

When you purchase a shipping label on Go Bike Go, for either domestic or international use, you are responsible for ensuring that all fields are filled out completely and accurately, including size, weight, description (if any) and declared value (if any). Any liability for a failure, or failures, to accurately or appropriately fill out the information will be transferred to you as the user.

By purchasing and using Shipping Labels on Go Bike Go, you agree that:

  • All shipping labels will only be used to ship corresponding Go Bike Go orders.
  • Shipping labels may not be transferred or sold to a third party.
  • You are fully responsible for the contents of any parcels you ship using Shipping Labels on Go Bike Go. In addition to Go Bike Go’s policies, you agree to comply with the terms and conditions and any other policies or rules imposed by the carrier you use to ship your items.
  • Shipping services are provided by the applicable third party carrier, not Go Bike Go, and you are responsible to review, accept and abide by the carrier’s terms and conditions, including their privacy policy, in connection with your use of their services. Go Bike Go is not liable or responsible for any issues you may have with a carrier’s services and you should contact the applicable carrier as needed. In addition, Go Bike Go is not responsible for any issues you may encounter while items you ship using Shipping Labels on Go Bike Go are in transit. That means that if an item is lost, damaged, or arrives later than expected, you will have no recourse against Go Bike Go, regardless of Go Bike Go’s involvement in resolving the issue. Please review the applicable carrier’s terms and conditions for more information on how they handle parcels that are lost, damaged, or delayed.
  • Go Bike Go reserves the right to remove your access to purchase Shipping Labels on Go Bike Go at any time and for any reason.
  • You acknowledge and consent to Go Bike Go sharing your information with your chosen shipping carrier in order to complete your requested transaction subject to our Privacy Policy.

You agree to indemnify and hold Go Bike Go, its officers, directors, employees, and agents harmless for any claims or damages associated with any breach of this provision.

(J) Sales Tax

As a seller, Go Bike Go is responsible for collecting and remitting any sales, or other, taxes due and owing on your sales. You agree to indemnify and hold Go Bike Go, its officers, directors, employees, and agents harmless for any claims or damages associated with any breach of this provision.

(K) Waiver of Claims

You acknowledge that Go Bike Go is only a marketplace that provides a digital connection for users. Go Bike Go is not a party to the actual transaction. You expressly waive and release Go Bike Go (and Go Bike Go's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the failure of a user to complete a sale.

4. Fees and Services

Joining and setting up a shop on Go Bike Go is free. Go Bike Go does not charge fees to list an item for sale. Go Bike Go does charge a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. Changes to the fees for Go Bike Go’s services are effective immediately after posting the changes on the Site to the fullest extent permitted by law, or otherwise immediately after the minimum period permitted by law. Go Bike Go may also choose to temporarily change the fees for Go Bike Go’s services for promotional events (for example, free selling days); such changes are effective when Go Bike Go posts the temporary promotional event on the Site or otherwise notifies you of the change.

Fees and Termination: If Go Bike Go terminates a listing or your account, if you close your account, or if the payment of your Go Bike Go fees cannot be completed for any reason, you remain obligated to pay Go Bike Go for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). YOU HEREBY EXPRESSLY AGREE THAT GO BIKE GO MAY CHARGE YOUR CREDIT CARD, OR ANY OTHER METHOD OF PAYMENT, ON FILE FOR ANY AND ALL OUTSTANDING OR DELINQUENT FEES OR BALANCES AND WAIVE ANY AND ALL CLAIMS AGAINST Go Bike Go FOR EXERCISING THIS RIGHT (INCLUDING, FOR EXAMPLE, USING YOUR CONTACT INFORMATION TO AID IN COLLECTING PAYMENT). If you have a question or wish to dispute a charge, contact Go Bike Go.

5. Content License

(A)
Your Content: Go Bike Go does not claim ownership rights in content you place on the Site or in your listings (“Your Content”). You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it. You grant Go Bike Go a license solely to enable Go Bike Go to use Your Content and any information you supply to Go Bike Go, so that Go Bike Go is not violating any rights you might have in Your Content or that information. By posting Your Content through our Services, you grant Go Bike Go a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Go Bike Go, your Go Bike Go shop, or the Services in general, in any formats and through any channels, including across any Go Bike Go Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information. You agree to allow Go Bike Go to store or re-format Your Content on Go Bike Go and display Your Content on Go Bike Go in any way as Go Bike Go chooses. Go Bike Go can also use any transactional information including sale date and final price for sales completed on Go Bike Go as it sees fit.
(B)
Personal Information:Go Bike Go will only use personal information in accordance with Go Bike Go’s Privacy Policy. As part of a transaction, you may obtain personal information, including email address and shipping information, from another Go Bike Go user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Go Bike Go-related communications. Go Bike Go has not granted you a license to use the information for unsolicited commercial messages or for any other purpose. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Go Bike Go user to your email or physical mail list. For more information, see Go Bike Go’s Privacy Policy.
(C)
Re-Posting Content: By posting Your Content on Go Bike Go, it is possible for an outside website or a third party to re-post or index Your Content. You agree to hold Go Bike Go harmless for any dispute concerning this use, along with the limitations on liability and indemnification provisions below. If you choose to display your own Go Bike Go-hosted image on another website, the image must provide a link back to its listing page on Go Bike Go.
(D)
Idea Submissions: Go Bike Go considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and Go Bike Go shall not be liable for the disclosure or use of such Material. If, at Go Bike Go’s request, any member sends Material to improve the site (for example through the forums or to customer support), Go Bike Go will also consider that Material to be non-confidential and non-proprietary and Go Bike Go will not be liable for use or disclosure of the Material. Any communication by you to Go Bike Go is subject to this Agreement. You hereby grant and agree to grant Go Bike Go, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, make, use, sell, offer to sell, import, export, publicly display, publicly distribute, create derivative use from, publish and in all other ways exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

6. Information Control

Go Bike Go does not control the content provided by users that is made available on Go Bike Go. You may find some content to be offensive, harmful, inaccurate, or deceptive. Go Bike Go users must be eighteen or over, but there are risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Go Bike Go, you agree to accept such risks and expressly agree that Go Bike Go (including Go Bike Go’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of users on Go Bike Go. Please use caution, common sense, and practice safe buying and selling when using Go Bike Go.

Other Resources: Go Bike Go is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Go Bike Go does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Go Bike Go shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

7. Disputes, Arbitration, Class Waiver, Waiver of Claims and Venue

(A)
Arbitration: In the event a dispute arises between you and Go Bike Go, please contact Go Bike Go. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Denver, Colorado, using the English language administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law.

**Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules, and in the case of CEDR, its rules.

For EU sellers, if any dispute arises in connection with these Terms of Use, the parties should first try to resolve the dispute through the complaints procedure published here. In addition, the dispute may be referred by either party to the Centre for Effective Dispute Resolution (“CEDR”) for mediation. The Parties agree to enter into mediation to settle a good faith dispute and will do so in accordance with the CEDR’s mediation procedures. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing to the other party to the dispute, referring the dispute to mediation. A copy of the referral should be sent to CEDR.

(B)
Class Action and Collective Action Waiver:The parties agree to arbitrate solely on an individual basis, and this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The tribunal shall rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate.
(C)
Enforcement of Arbitration Judgment: Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
(D)
Jurisdiction and Venue: For all purposes of any injunctive or equitable proceeding, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the District of Colorado. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
(E)
Limitations Period: You and Go Bike Go agree that any cause of action arising out of or related to the Site, Services or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
(F)
Intra-User Disputes and EU Dispute: In the event that you have a dispute with another Go Bike Go user or third party, we encourage you to contact the other party and try to resolve the dispute directly. Should you have a dispute with one or more users, or an outside party, YOU RELEASE Go Bike Go (AND Go Bike Go’S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. Go Bike Go encourages users to report any unlawful activity to your local law enforcement, and to use a certified mediation or arbitration entity, as applicable.

For disputes located in the EU, the European ADR Directive (EU Directive 2013/11 / EU) on Alternative Dispute Resolution may be used. The Online Dispute Resolution (ODR) platform for these issues is here. Sellers will be obliged to provide their email address in order to use the ODR platform.

(G)
Order Disputes: Issues related to transactions on Go Bike Go can usually be resolved via direct communication between the buyer and the seller. If a buyer and seller are unable to resolve a dispute, Go Bike Go, may be able to help. You can find more details about when Go Bike Go may be able to assist in the Community Rules.

Go Bike Go has no obligation to resolve disputes between users or between users and outside parties. To the extent that Go Bike Go attempts to resolve a dispute, Go Bike Go will do so in good faith based solely on Go Bike Go’s policies. IN THE EVENT Go Bike Go INVOLVES ITSELF IN A DISPUTE BETWEEN CUSTOMERS, YOU EXPRESSLY WAIVE AND RELEASE Go Bike Go (AND Go Bike Go’S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE DISPUTE.

If you are a party to a dispute, Go Bike Go may contact you while attempting to resolve the dispute. If you do not respond to Go Bike Go’s inquiry regarding a dispute within forty-eight (48) hours, Go Bike Go reserves the right to resolve the dispute at its discretion and you agree that any such resolution will be binding on you.

(H)
Feedback: Go Bike Go WILL NOT AMEND, ALTER OR OTHERWISE CHANGE FEEDBACK LEFT BETWEEN USERS UNLESS THE CONTENT IS FALSE, UNREASONABLY INFLAMMATORY OR OTHERWISE IN VIOLATION OF Go Bike Go POLICIES AS DETERMINED BY Go Bike Go IN ITS SOLE DISCRETION. FULLY REFUNDED ORDERS ARE NOT ELIGIBLE FOR FEEDBACK.
(I)
Full Waiver: YOU EXPRESSLY WAIVE AND RELEASE Go Bike Go (AND Go Bike Go’S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, SERVICES OR YOUR USE OF THE SAME.

8. Financing Vendors/Layaway

From time to time Go Bike Go may make financing options and alternatives available through Stripe or other similar third party vendors (“Financing Vendors”). You acknowledge that to the fullest extent permitted by law, these Financing Vendors are not agents of Go Bike Go and Go Bike Go is not bound by the representations, promises, warranties or guarantees provided by any Financing Vendors. By using the Site you hereby waive and release any and all claims against Go Bike Go that arise out of your use of, or the services of, any Financing Vendors.

Go Bike Go does not support layaway transactions. If you engage in an offsite layaway plan, Go Bike Go will mark the item as paid and the seller will be solely responsible for tracking and enforcing the order.

STRIPE CONNECT LEGAL POLICY

9. Email, Text and Fax Communications

By using the Site and services available on the Site, you agree that you have an established business relationship (EBR) with Go Bike Go and hereby waive any and all claims under the Telephone Consumer Protection Act (TCPA) as they relate to email, text message or fax communications from Go Bike Go. You hereby expressly consent to communications of any kind from Go Bike Go to the fullest extent permissible by law.

When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number, you will receive notice of and agree to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages, or by reaching out to Go Bike Go. Please note that some changes to your account settings may take a few days to take effect.

10. Go Bike Go’s Intellectual Property

Go Bike Go, and other Go Bike Go graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks, trade dress or copyrights of Go Bike Go or its affiliated companies in the U.S. and/or other countries. Go Bike Go’s trademarks, trade dress, copyrights, patents, and all other Go Bike Go intellectual property (including Go Bike Go Integrations) may not be used, in any manner, without the prior express written consent of a duly authorized representative of Go Bike Go or in violation of or inconsistently with these Terms of Use.

11. Access and Interference

Go Bike Go may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Go Bike Go is updated on a real-time basis and is proprietary or is licensed to Go Bike Go by Go Bike Go’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Go Bike Go for any purpose whatsoever, except to the extent expressly permitted by Go Bike Go’s with prior express written permission. Additionally, you agree that you will not take any action that imposes, or may impose, in Go Bike Go’s sole discretion, an unreasonable or disproportionately large load on Go Bike Go’s infrastructure. You will not copy, publicly reproduce, modify, create derivative works from, publicly distribute or publicly display any user content, including via use of plug-ins, extensions, applications or scripts that interfere with the content, features, or functions of the Site or Services. You will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. And you will not bypass Go Bike Go’s robot exclusion headers or other measures Go Bike Go may use to prevent or restrict access to Go Bike Go.

12. Breach of Go Bike Go Terms of Use and Policies

Without limiting its legal recourse or any other remedies, Go Bike Go may, without notice, and without refunding any fees, delay or immediately remove content, warn Go Bike Go’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, take technical and legal steps to keep a user off the Site and refuse to provide services to a user for any reason, including, for example if any of the following apply: (a) Go Bike Go suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, including the Privacy Policy and other policies and community guidelines incorporated herein or therein; (b) Go Bike Go is unable to verify or authenticate any of your personal information or Your Content; (c) Go Bike Go believes that a user is acting inconsistently with the letter or spirit of Go Bike Go’s Community Rules or policies; or (d) Go Bike Go believes a user has engaged in improper or fraudulent activity in connection with Go Bike Go or the actions may cause legal liability or financial loss to Go Bike Go’s users or to Go Bike Go. Notwithstanding the foregoing, Go Bike Go retains the right to suspend or terminate a user should we have reason to believe you, your Content, or your use of our Services have violated our Terms of Use or Community Rules. Use of the Site is a privilege, not a right.

13. No Warranty

Go Bike Go IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT: (I) THE SITE OR SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SITE OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SITE OR SERVICES SOLELY AT YOUR OWN RISK.

Go Bike Go’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS PROVIDE Go Bike Go’S SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, OF ANY KIND. Go Bike Go’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Go Bike Go SHALL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Limitation of Liability

IN NO EVENT SHALL Go Bike Go, AND (AS APPLICABLE) Go Bike Go’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, Go Bike Go’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Go Bike Go’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Go Bike Go’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO Go Bike Go IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD Go Bike Go AND (AS APPLICABLE) Go Bike Go’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, THE PRIVACY POLICY, OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THE FAILURE TO APPROPRIATELY COLLECT AND REMIT TAXES ON ANY SALES.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

16. No Guarantee of Continuous Service

Go Bike Go does not guarantee continuous, uninterrupted access to the Site and no SLA representations or guarantees are included herein. Operation of the Site may be interfered with by numerous factors outside Go Bike Go’s control.

17. Intellectual Property Policy

Go Bike Go takes intellectual property infringement very seriously. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. Additional laws apply to trademark rights and other types of rights in the U.S. and worldwide. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining all necessary prior written consents of the owner(s) of such proprietary rights. If you do so repeatedly on the Site, you will be removed as a user. Without limiting the foregoing, if content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us immediately at support@Go Bike Go.com.

18. Trademarks for Modified Instruments

Users of the Site who engage in modifications of instruments or gear may be prohibited from referring to those items by their original trademarked names. Enforcement remains the responsibility of the trademark owner, but Go Bike Go will apply its intellectual property policy in the enforcement of legitimate trademarks. As a user, you are prohibited from using trademarked names or logos without all necessary written permission(s) from the trademark owner(s).

19. Go Bike Go Integrations

Your use of Go Bike Go Integrations indicates your assent to Go Bike Go’s Terms and Policies contained herein. By utilizing Go Bike Go Integrations, you acknowledge that Go Bike Go is providing an integration of the Go Bike Go.com platform with third party platforms providing e-commerce and other digital services and solutions (collectively the “Third Party Service Providers”). You are subject to all applicable Third Party Service Providers’ terms of service by utilizing Go Bike Go Integrations. While Go Bike Go is providing Go Bike Go Integrations, maintenance, design, content and compliance with federal, state and local laws remains your responsibility as the Go Bike Go Integrations user. You hereby waive any and all claims against Go Bike Go, its officers, directors, employees and agents related to the use, maintenance, design and content of your Go Bike Go Integration(s). You acknowledge that you are responsible for compliance with federal, state and local laws applicable to your Go Bike Go Integration(s). You further agree to indemnify and hold Go Bike Go harmless for any third party claims or complaints associated with your use of Go Bike Go Integration(s). Go Bike Go Integrations are provided “as is” and with all faults. DO NOT UTILIZE Go Bike Go INTEGRATIONS IF YOU DO NOT AGREE WITH THESE TERMS.

20. Price Guide

All Price Guides are a tool for Go Bike Go users that bases its information on recent transactions on the Site or publicly available relevant external market data. Go Bike Go does not warrant its accuracy nor guarantee that items will sell within the stated parameters.

21. Your Responsibility for Legal Compliance and Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Go Bike Go service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Go Bike Go’s net income). This includes sales and/or use taxes applicable in each jurisdiction, depending on the threshold required for collection. This responsibility may include applicable customs and fees for import and export sales; Go Bike Go assumes no responsibility for any losses, fees, or confiscations related to importing and exporting products purchased through Go Bike Go.

For seller income tax purposes, if you receive $600 or more in gross sales through the site, exclusive of Go Bike Go’s fees, you will receive a Form 1099-K from Go Bike Go and may be obligated to pay federal or state tax on your taxable income. Go Bike Go is not responsible, in any manner, for paying taxes on your earnings or your use of the Site. Go Bike Go cannot provide tax advice. Please contact your tax professional to determine whether or not you have a tax liability.

22. Proposition 65 - California

The California Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop 65”) requires manufacturers, producers, packagers, importers, suppliers or distributors (the “Notice Parties”) of products to provide warnings to California consumers about potentially hazardous or cancer-causing materials in those products.  Notice Parties are encouraged to include a warning that lists the specific chemicals in the product(s) if they are present in an amount that may be hazardous. Example warnings could read:

WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause cancer. For more information, go towww.P65Warnings.ca.gov

WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov

We encourage all Go Bike Go users who sell to California residents to investigate the requirements and to make independent determinations about whether warnings are necessary when selling items to California residents.  You can include warnings in your item descriptions on Go Bike Go. You agree to indemnify and hold Go Bike Go harmless for any violations of Prop 65 or any claims arising out of your violation of Prop 65.

23. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

24. No Agency

You and Go Bike Go are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

24. No Agency

You and Go Bike Go are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

25. Modification of Service or Terms and Policies

Go Bike Go reserves the right to modify or terminate the Go Bike Go service for any reason, without notice, at any time, to the maximum extent permitted by law. Go Bike Go reserves the right to alter these Terms of Use, including the Privacy Policy, or other Site policies at any time, so please review the policies frequently. Your continued use of the Site will act as your unqualified acceptance of any changes to the Terms and Policies, regardless of actual notice.

26. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Colorado, excluding its conflicts of laws rules, and the United States of America.

27. Survival

All Sections which are intended by their terms to survive the expiration of this Agreement shall survive any termination or expiration of this Agreement.

28. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Go Bike Go; Attn: Legal Department; 4210 Wadsworth Blvd PO BOX 1101 Wheat Ridge, CO 80034 (in the case of Go Bike Go) or, in your case, to the email address you provide to Go Bike Go (either during the registration process or when your email address changes), by notice posted to your user dashboard or by notice posted to the Site. Notice shall be deemed given 24 hours after email is sent or notice is posted. Alternatively, Go Bike Go may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Go Bike Go. In such case, notice shall be deemed given three days after the date of mailing.

Effective Date:February 20, 2024