Terms of Use

Last Modified: 10/20/2021

1.         Acceptance of the Terms of Use

These Terms of Use are entered into as an agreement by and between you (either as an individual or on behalf of the legal entity you represent), Electric Cycle Rider, LLC (“Electric Cycle Rider”), and Marketplace Enterprises LLC (“Marketplace Enterprises”). Electric Cycle Rider and Marketplace Enterprises are collectively referred to as “ECR”.  The Terms of Use, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of https://www.electriccyclerider.com/, including any content, functionality and services offered on or through https://www.electriccyclerider.com/ (collectively, the “Platform”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Platform. By using the Platform, including without limitation entering into a Purchase Agreement via the Platform, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and the Privacy Policy (the “Privacy Policy”), found at https://electriccyclerider.com/privacy-policy/ and incorporated herein by reference.  If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.

This Platform is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions.

BY USING THE PLATFORM, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF USE.  YOU AFFIRM THAT IF YOU USE THE PLATFORM, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THIS AGREEMENT.

2.         Changes to the Terms of Use

ECR may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Platform.

Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

3.         Accessing the Platform and Account Security

ECR reserves the right to withdraw or amend the Platform, and any service or material provided on the Platform, in ECR’s sole discretion without notice. ECR will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, ECR may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Platform.
  • Ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.

To access the Platform or some of the resources, services or products it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete. You agree that all information you provide to register with this Platform, post on the Platform, or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by the Privacy Policy, and you consent to all actions ECR takes with respect to your information consistent with the Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of ECR security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your username, password or other security information. You will be responsible for all activities that occur under that password.  You agree to notify ECR immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; and (iii) you will not select or utilize a user name that ECR in its sole discretion deems offensive.

ECR has the right to disable any username, password or other identifier, whether chosen by you or provided by ECR, at any time in its sole discretion for any or no reason, including if, in ECR’s opinion, you have violated any provision of these Terms of Use.

4.         ECR Not a Party to Any Transaction

The Platform provides a marketplace for transactions between dealers, advertisers and other companies who advertise on the Platform (each, an “Advertiser”) to sell or otherwise provide equipment and other goods (collectively “Equipment”) to potential customers (each a “Customer”). Advertisers and Customers are collectively referred to as “Users”. 

ECR does not provide any Equipment listed on the Platform and is not a party to any agreement or other transaction between Users including any agreement to sell Equipment (a “Purchase Agreement”).  Without limitation, Users are solely responsible for, and should use great care in, deciding to enter into any Purchase Agreement.  Each User is solely responsible for determining whether to enter into a Purchase Agreement with another User.  ECR does not make any representations about or guarantee the truth or accuracy of any Advertiser’s listings or other User Content on the Site; does not verify any feedback or information provided by Users about Advertisers or Customers; and does not perform background checks on any Advertisers or Customers.

5.         Intellectual Property Rights

The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by ECR, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Platform for legitimate business purposes relating to your role on behalf of a potential or actual Advertiser or Customer or for your personal non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Platform, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use, or for legitimate business purposes relating to your role as a potential or current Advertiser or Customer, and not for further reproduction, publication or distribution.

You must not:

  • Modify copies of any materials from the Platform.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform.

Except as otherwise agreed to between you and ECR, you must not reproduce, duplicate, copy, sell, trade, resell, exploit, access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.

If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: [email protected] if it relates to the marketplace located at  www.electriccyclerider.com/marketplace (the “Marketplace”) and [email protected] if it relates to any aspect of the platform other than the Marketplace.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at ECR’s option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by ECR. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.  ECR INTENDS TO FULLY PROSECUTE ALL VIOLATIONS OF APPLICABLE LAW AND PURSUE ALL AVAILABLE REMEDIES.

6.         Trademarks

The Electric Cycle Rider and Marketplace Enterprises names and logos, and all related names, logos, product and service names, designs and slogans (collectively, the “Marks”) are trademarks of Electric Cycle Rider or Marketplace Enterprises or their affiliates or licensors. You must not use such Marks without the prior written permission of ECR. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners.

7.         Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate ECR, an ECR employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by ECR, may harm ECR or users of the Platform or expose them to liability.

Additionally, you agree not to:

  • Use any false or fake names or pseudonyms when using the Platform.
  • Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
  • Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
  • Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without ECR’s prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Platform.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
  • Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
  • Copy, modify or create derivative works of any portion of the Platform, except as expressly permitted by the Terms of Use.
  • Modify, translate, adapt, or otherwise create updates, upgrades, bug fixes, patches, other error corrections, and/or new features or derivative works, whether or not patentable, of the Platform.
  • Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Platform or any part thereof.
  • Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Platform, or any copy thereof.
  • Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform, or any features or functionality of the Platform, to any third party for any reason, including by making the Platform available on a network where it is capable of being accessed by more than one device at any time.
  • Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Platform.
  • Access or use any portion of the Platform for purposes of competitive analysis, the development, provision or use of a competing software, service or product or any other purpose that is to the ECR’s detriment or commercial disadvantage.
  • Otherwise access or use the Platform beyond the scope of the authorization granted under the Terms of Use.
  • Otherwise attempt to interfere with the proper working of the Platform.

8.         User Contributions

The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blogs, community areas and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Platform.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant ECR and its affiliates and advertisers, and each of their and ECR’s respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to ECR and ECR’s affiliates and advertisers, and each of their and ECR’s respective licensees, successors and assigns.
  • All of your User Contributions are truthful, accurate, appropriate and comply with applicable law.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not ECR, has full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

ECR is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Platform.

9.         Monitoring and Enforcement; Termination

ECR has the right to:

  • Remove or refuse to post any User Contributions for any or no reason in its sole discretion. ECR may add, change, discontinue, remove, edit or suspend such User Contributions at any time for any reason without notice to you, without your permission, and without liability.
  • Take any action with respect to any User Contribution that ECR deems necessary or appropriate in ECR’s sole discretion, including if ECR believes that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public or could create liability for ECR.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
  • Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, ECR has the right to fully cooperate with any law enforcement authorities or court order requesting or directing ECR to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS ECR AND ITS AFFILIATES, LICENSEES AND ADVERTISERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, ECR cannot and does not undertake to review all material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, ECR assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. ECR has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

10.       Content Standards

These content standards (the “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and/or the Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by ECR or any other person or entity, if this is not the case.

11.       Copyright Infringement

If you believe that any User Contributions violate your copyright, please see ECR’s Copyright Policy set forth below for instructions on sending ECR a notice of copyright infringement. It is the policy of ECR to terminate the user accounts of repeat infringers.

12.       Reliance on Information Posted

The information presented on or through the Platform is made available solely for general information purposes. ECR does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. ECR disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

The Platform includes content provided by third parties, including materials provided by advertisers, other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by ECR, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ECR. ECR is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

13.       Changes to the Platform

ECR may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and ECR is under no obligation to update such material.

14.       Information About You and Your Visits to the Platform

All information ECR collects on this Platform is subject to the Privacy Policy. By using the Platform, you consent to all actions taken by ECR with respect to your information in compliance with the Privacy Policy.

15.       Linking to the Platform and Social Media Features

You may link to the Platform homepage, provided you do so in a way that is fair and legal and does not damage ECR’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on ECR’s part without ECR’s express written consent.

The Platform may provide certain social media features that enable you to:

  • Link from your own or certain third-party Platforms to certain content on the Platform.
  • Send e-mails or other communications with certain content, or links to certain content, on the Platform.
  • Cause limited portions of content on the Platform to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by ECR, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms of use ECR provides with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Platform other than the homepage or the main Marketplace page.
  • Otherwise take any action with respect to the materials on the Platform that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with ECR in causing any unauthorized framing or linking immediately to cease. ECR reserves the right to withdraw linking permission without notice.

ECR may disable all or any social media features and any links at any time without notice in ECR’s discretion.

16.       Links from the Platform

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. ECR has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party platforms linked to this Platform, you do so entirely at your own risk and subject to the terms of use for such websites.

17.       Geographic Restrictions

The owners of the Platform, Electric Cycle Rider LLC and Marketplace Enterprises LLC, are based in the United States. ECR provides this Platform for use only by persons located in the United States. ECR makes no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you are visiting the Platform or using the services from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your registration or personal information) across international boundaries. By visiting this Platform, using the services, and/or communicating electronically with us, you consent to such transfers. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

18.       Disclaimer of Warranties and Other Disclaimers

            (a) ECR DOES NOT SUPPLY OR PROVIDE ANY OF THE EQUIPMENT OFFERED ON THE PLATFORM AND DOES NOT SCREEN ADVERTISERS OF CLIENTS.  THE AVAILABILITY OF EQUIPMENT OR OTHER GOODS OR SERVICES THROUGH THE PLATFORM DOES NOT INDICATE AN AFFILIATION WITH OR ENDORSEMENT OF ANY ADVERTISER OR CLIENT. ACCORDINGLY, ECR DOES NOT PROVIDE ANY WARRANTIES WITH RESPECT TO THE SERVICES OFFERED ON THE PLATFORM OR ASSUME ANY LIABILITY RELATING TO THE SERVICES. ALL CLAIMS AND ISSUES RELATING TO ANY SERVICES PROVIDED BY ADVERTISERS, OR THE PURCHASE AGREEMENT BETWEEN THE ADVERTISER OR CUSTOMER, SHALL SOLELY BE BETWEEN THE CUSTOMER AND THE ADVERTISER. All USERS AFFIRM THAT ECR SHALL NOT BE LIABLE IN ANY WAY RELATED TO ANY TRANSACTION BETWEEN AN ADVERTISER AND A CUSTOMER AND THE ENTERING INTO ANY TRANSACTION OR PURCHASE AGREEMENT IS AT EACH USER’S OWN RISK.

            (b) USE OF THE PLATFORM, ITS CONTENT AND SERVICES OR OTHER ITEMS OBTAINED THROUGH THE PLATFORM, IS AT EACH USER’S OWN RISK. THE PLATFORM, ITS CONTENT AND ANY EQUIPMENT, GOOD, SERVICES OR OTHER ITEMS OBTAINED THROUGH THE PLATFORM, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ECR NOR ANY PERSON ASSOCIATED WITH ECR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER ECR NOR ANYONE ASSOCIATED WITH ECR REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES, OR OTHER ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR OTHER ITEMS OBTAINED THROUGH THE PLATFORM OR FROM ECR WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

(c) ECR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE RELATING TO THE PLATFORM, ITS CONTENT AND ANY SERVICES OR OTHER ITEMS OBTAINED THROUGH THE PLATFORM.

(d) USERS UNDERSTAND THAT ECR CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE PLATFORM FOR ANY RECONSTRUCTION OF ANY LOST DATA.

(e) ECR WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR OTHER ITEMS OBTAINED THROUGH THE PLATFORM OR FROM ECR, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

(f) USERS ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THE PLATFORM IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. USERS FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTENT TO ECR AND BY POSTING INFORMATION ON THE PLATFORM, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND ECR OTHER THAN PURSUANT TO THESE TERMS OF USE.

(g) ECR HAS NO CONTROL OVER AND DOES NOT GUARANTEE ANY TRANSACTION, OR THE TRUTH OR ACCURACY AND QUALITY OF ANY CONTENT. EQUIPMENT OR SERVICES PROVIDED ON OR THROUGH THE PLATFORM.  USERS SHOULD TAKE REASONABLE PRECAUTIONS WHEN ENTERING INTO ANY TRANSACTION.

(h) THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19.       Limitation on Liability

IN NO EVENT WILL ECR BE LIABLE FOR, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY USE, OR INABILITY TO USE, THE PLATFORM, ANY CONTENT ON THE PLATFORM, OR ANY EQUIPMENT, SERVICES OR OTHER ITEMS OBTAINED THROUGH THE PLATFORM, OR BREACH OF ANY TERMS OF THESE TERMS OF USE, ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IF YOU ARE DISSATISFIED WITH THE PLATFORM, YOU DO NOT AGREE WITH ANY PART OF THE TERMS OF USE OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ECR, ANY ADVERTISER, CUSTOMER, OR THIRD-PARTY PROVIDER OR ANY USER OF THE PLATFORM, WITH RESPECT TO THESE TERMS OF USE, OR THE PLATFORM, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST ECR IS TO DISCONTINUE USING THE PLATFORM. IN ALL EVENTS, ECR’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO ECR IN THE THREE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. NOTWITHSTANDING THE ABOVE, ECR SHALL NOT HAVE LIABILITY AT ALL, UNDER ANY LEGAL THEORY, RELATING TO ANY TRANSACTION OR PURCHASE AGREEMENT THAT TAKES PLACE BETWEEN AN ADVERTISER AND CUSTOMER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20.       Indemnification

Users agree to defend, indemnify and hold harmless ECR, its affiliates, licensors and advertisers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) violation of these Terms of Use or the use of the Platform, including, but not limited to, User Contributions, any use of the Platform’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platform, and (ii) any Purchase Agreement entered into as a result of using the Platform.

21.       General Release

BECAUSE ECR IS NOT INVOLVED IN TRANSACTIONS BETWEEN ADVERTISERS AND CUSTOMERS OR OTHER USER DEALINGS, IF A DISPUTE ARISES BETWEEN ANY USERS, EACH PARTY RELEASES ECR (AND ITS RESPECTIVE AGENTS, EMPLOYEES AND AFFILIATES) FROM 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.  EACH USER FURTHER RELEASES ECR FOR AND FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, ARISING FROM, RELATED TO, OR IN CONNECTION WITH, (A) USE OF THE PLATFORM, (B) ACTIONS, INACTIONS, AND/OR OMISSIONS OF OTHER USERS, (D) THE PROMOTION, ADVERTISING, SALE AND PURCHASE OF EQUIPMENT OR SERVICES ON THE PLATFORM, AND (E) THE USE OF THE PLATFORM TO OFFER FOR SALE OR TO FACILITATE THE PURCHASE OF EQUIPMENT OR SERVICES.

22.       Governing Law and Jurisdiction

All matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the City and County of Denver, although ECR retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your state or country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

23.       Arbitration

(a) Scope, Governing Rules. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be determined by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures (“Commercial Rules”).

            (b) Authority of Tribunal, Judicial Review. The award rendered by the arbitrator shall be final and non-appealable and binding on the parties and may be entered and enforced in any court having jurisdiction.

(c) Selection of Tribunal. There shall be one arbitrator agreed to by the parties within twenty (20) days of receipt by respondent of the request for arbitration or in default thereof appointed by the AAA in accordance with its Commercial Rules.

            (d) Seat of Arbitration. The seat or place of arbitration shall be Denver, Colorado.

24.       Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE PRIVACY POLICY, OR RELATED IN ANY WAY TO THE PLATFORM, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

25.       Waiver and Severability

No waiver by ECR of any term or condition set forth in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ECR to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.  If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

26.       Advertiser Listings and Subscriptions

The listing or advertising of Equipment by Advertisers, or any subscriptions entered into by the Advertisers with ECR relating the use of the Platform, are governed by the Advertiser Equipment Listing Terms and Conditions located at [URL].

27.       Entire Agreement

The Terms of Use, Privacy Policy, and any other documents referenced in the Terms of Use, constitute the sole and entire agreement between you and ECR with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

28.       Your Comments and Concerns

The overall Platform is operated by Electric Cycle Rider LLC, and the Marketplace portion of the Platform is operated by Marketplace Enterprises LLC.

All notices of copyright infringement claims should be sent to the copyright agent designated in ECR’s Copyright Policy as set forth below in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the over Platform should be directed to: [email protected]  and with regard to the Marketplace portion to [email protected]

Copyright Policy

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

ECR takes claims of copyright infringement seriously. ECR will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Platform”) infringe your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to ECR’s copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow ECR to locate that material.
  • Adequate information by which ECR can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

ECR’s designated copyright agent to receive DMCA Notices is:

NAME:            Tucker Neary

ADDRESS:     1012 8th Ave, Longmont, CO 80501

EMAIL:          [email protected]

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

COUNTER-NOTIFICATION PROCEDURES

If you believe that material you posted on the Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with ECR (a “Counter-Notice”) by submitting written notification to ECR’s copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which ECR can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Platform may be found) and that you will accept service from the person (or an agent of that person) who provided the Platform with the complaint at issue.

The DMCA allows ECR to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

REPEAT INFRINGERS

It is ECR’s policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

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