Rad Power Bikes Inc.

Last updated October 31st, 2024

These Terms and Conditions of Product Registry (“Terms”) are a legal agreement between you (“You” or “Customer”) and Rad Power Bikes Inc., a Delaware corporation (“RPB,” “us” or “we”), and apply to any model of RPB’s electric bikes (“ebike(s)”) and/or related accessories or other products offered by RPB (collectively with ebikes, the “Products”) in the United States only.

These Terms apply to Products purchased by You on RPB’s website at www.radpowerbikes.com, and/or via a third-party retailer. These Terms are supplemental to and expressly incorporate the terms of the Rad Power Bikes’ Terms of Purchase (“Terms of Purchase” available at https://www.radpowerbikes.com/pages/terms-of-purchase). In the event of conflict between these Terms and the Terms of Purchase, these Terms shall govern but only with respect to the specific provision at issue. By registering your Products, You agree to these Terms and RPB’s Terms of Purchase in their entirety. Please review them carefully, as they outline your rights and responsibilities, including mandatory arbitration for disputes and waiver of certain claims.

These Terms apply to your registered Products and use of the ebikes. You agree that in addition to these Terms, your registration of Products is also subject to RPB’s Limited Warranty Terms, Privacy Notice, and ebike model Owner’s Manual.  

A copy of these Terms and all other documents which apply to your purchase of Products are available for you to read on our website.

Please note that information on RPB’s Site or other manuals or documents that accompanied the Products regarding the expected range on a single charge on one of our ebikes is an estimate, not a guarantee. There are many factors that contribute to actual, real-world range for an ebike battery such as age of the battery, temperature, level of assist, speed, payload, and terrain. Given the right conditions, it is possible to get less than the expected minimum range or greater than the expected maximum range. RPB reserves the right to use substitute parts, material, or equipment of equivalent quality and value that meet RPB’s strict standards.

Any alterations, modifications, or other changes made by you to an ebike following your purchase which may affect the safety, operation, or mechanics of the ebike may void the Limited Warranty and shall be at your sole risk of harm which can include serious injury or death. RPB will not be liable for any alterations or modifications you make to RPB’s products.

In the event you fail to comply with these terms, you assume full responsibility for any personal injury or property damage resulting from your use of the ebike and expressly waive to the fullest extent of the law, any claims related to the ebike relating to personal injury or property damage. Please review our Safety Video prior to riding.

1. Age Requirement

1. RPB’s EBIKES ARE NOT TO BE OPERATED BY ANYONE UNDER THE AGE OF 16. Children under the age of 16 may lack the necessary judgement and skill to safely operate the ebike, potentially resulting in damage to the ebike, damage to other property, serious injury, and/or death. You assume the responsibility to ensure the age of the operator is at least 16 years old and comply with your local laws and regulations regarding operator age and other qualifications.

2. IN THE EVENT A MINOR OPERATES THE EBIKE, THE MINOR AND THEIR PARENT/GUARDIAN ASSUME FULL RESPONSIBILITY FOR ANY ACTIONS THE MINOR MAY TAKE AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WAIVE ANY CLAIMS RELATED TO SUCH ACTIVITY, INCLUDING BUT NOT LIMITED TO CLAIMS ASSERTING PERSONAL INJURY OR PROPERTY DAMAGE. Please see subsection __ below regarding waiver of claims subject to this Section 9.

2. Always Wear a Helmet. Riding any bike, ebike, etrike, or similar mobility product without a helmet puts you at very high risk of serious head injury or death. Always wear a properly fitted helmet that covers the forehead (this applies to rides of any distance). Many locations require specific safety devices. You assume full responsibility to familiarize yourself and ensure the operator and any passengers adhere to applicable helmet and safety laws or regulation where you ride.  

3. Check Your Bike Before Your Rides. Any bike, ebike, etrike, or similar vehicle is subject to wear and tear, and certain components and fasteners can stretch or loosen with the vibrations and stress of normal operation. You must check your ebike/etrike before each ride and according to the other checklist contained in your ebike/etrike’s owner’s manual. Failure to do so could result in property damage, serious injury, or death. You assume full responsibility to perform a pre-ride safety check on the ebike/etrike before each ride.

4. Incorrect Assembly Can Pose a Serious Safety Issue; Read Your Owner’s Manual. Incorrect assembly, maintenance, or use of your ebike/etrike can cause component or performance failure, loss of control, serious injury, or death. You must read and understand the entire owner’s manual that came with your ebike/etrike and any documentation provided for subcomponents or accessories before riding. Unless your ebike/etrike was assembled by RPB’s retail or service team, you assume full responsibility for the proper maintenance and the proper assembly and/or reassembly of your ebike/etrike.

5. Critical Battery Safety Notices. Using a damaged battery or charger can damage additional components and can present a serious fire hazard. Stop using your battery and charger, place the battery in a fireproof/fire safe location, and contact RPB if any of the following occur:

1. Your charger’s flexible power cord or output cable or any of the electrical cables on your ebike/etrike is frayed, has broken insulation, or any other signs of damage;  

2. Your battery fails to charge;

3. Your battery or charger is physically damaged, non-functional, or performing abnormally;

4. Your battery or charger experienced a significant impact from a fall, crash, or shipping damage, with or without obvious sighs of damage;

5. Your battery is punctured at any location;

6. Your battery was submerged in liquid or had extensive water exposure;

7. Your charger becomes too hot to touch (it’s designed to get warm with normal use);

8. Your battery or charger make an unusual smell, makes a popping sound, emits smoke, or shows other issues – if this occurs, immediately place the battery and charger in a fire-safe/fireproof container, and in an area away from combustible materials and safely away from any exit. Please contact RPB immediately for disposal instructions (generally, we recommend disposing the battery according to local rules or contact your local battery recycling facility).

6. General Risk. Riding any bike, ebike, etrike, or similar vehicle involve certain risks, including but not limited to the risk of serious injury or death. You assume full responsibility for the risks involved in your use of the ebike, etrike, or related merchandise and related activities

To the fullest extent permitted by law, you agree to RELEASE AND HOLD HARMLESS RPB from all liabilities, causes or actions, claims, and demands that arise in any way from any injury, death, loss, or harm that you sustain or that any other person or any property sustained as a result of your use of the ebike/etrike and/or your failure to adhere to the above critical notices. This RELEASE includes but is not limited to claims based on negligence, defects in the design, manufacture, maintenance, assembly or inspection of the ebike/etrike.

WE ARE ONLY LIABLE TO YOU FOR LOSSES WHICH YOU SUFFER AS A DIRECT RESULT OF OUR BREACH OF THESE TERMS AND WHICH ARE REASONABLY FORESEEABLE AND SUBJECT TO THE LIMITATIONS IN THESE TERMS AND RPB’S POLICIES AS SET FORTH ON THIS SITE. OUR LIABILITY FOR ANY LOSS OR INJURY SHALL, TO THE FULLEST EXTENT OF THE LAW, BE LIMITED TO THE PURCHASE AMOUNT OF THE PRODUCTS GIVING RISE TO SUCH LOSSES OR INJURIES. WE ARE NOT LIABLE FOR ANY OTHER LOSSES OR INJURIES – ALL OF WHICH SHALL BE OFFSET TO THE EXTENT ANY LOSS OR INJURY ARISES FROM YOUR ACTS OR FAILURE TO ACT (E.G., FAILURE TO COMPLY WITH RPB’S SAFETY WARNINGS). THESE TERMS DO NOT EXCLUDE OR LIMIT OUR LIABILITY (IF ANY) FOR: (i) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE; (ii) FRAUD; (iii) FRAUDULENT MISREPRESENTATION; OR (iv) ANY MATTER WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE OR ATTEMPT TO EXCLUDE OUR LIABILITY. YOU MAY HAVE OTHER RIGHTS GRANTED BY LAW AND THESE TERMS DO NOT AFFECT SUCH RIGHTS.

We recommend contacting your insurance provider to determine if your current insurance policy would cover you in the event of an accident. Please carefully review the waiver of subrogation requirement in Section 8 which is a material provision of these Terms.  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED BY RPB, INCLUDING BUT NOT LIMITED TO THE EBIKES, ARE WARRANTED ONLY TO THE EXTENT EXPRESSLY STATED IN THE APPLICABLE PRODUCT WARRANTY PROVIDED WITH YOUR PRODUCT. OTHERWISE, THE PRODUCTS ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. RPB AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, RPB, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY: (A) THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (C) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RPB OR ANY OF ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OR THE PRODUCTS, EVEN IF RPB, ITS AFFILIATES OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

You acknowledge that there are inherent anticipated and unanticipated risks and dangers involved with the use of our Products, including the ebikes, whether intended or as a result of misuse. You understand that such risks can result in injury, death, illness or disease, physical or mental damage to yourself, your property, other third parties and their property, or to the property of RPB. You agree to release, waive, defend, indemnify, and hold RPB and its directors, officers, employees, agents, members, partners, suppliers, and licensors (“RPB Releasees”) harmless and will keep them indemnified from any claim or demand, including reasonable attorneys’ fees, relating to or arising from: (a) your purchase or use of any Products; (b) any violation by you of these Terms; or (c) your violation of another party’s rights or applicable law. RPB reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with RPB in asserting any available defenses.

BY AGREEING TO THESE TERMS, YOU SHALL MAINTAIN YOUR OWN INSURANCE COVERAGE AS YOU DESIRE TO PROTECT YOU AND OTHERS FROM ANY LOSSES EXCEEDING THE LIMITS OF LIABILITY IDENTIFIED IN SECTION 4 OF THESE TERMS. YOU EXPRESSLY AGREE TO WAIVE AND SHALL CAUSE ANY APPLICABLE INSURANCE COMPANY UNDER WHICH YOU ARE AN INSURED OR ADDITIONAL INSURED TO WAIVE ANY RIGHT OF SUBROGATION THAT ANY SUCH INSURANCE CARRIER MAY HAVE AGAINST RPB AND/OR THE RPB RELEASEES. YOU WILL ENSURE THAT YOUR APPLICABLE INSURANCE POLICIES CONTAINS A PROVISION OR ENDORSEMENT WAIVING ANY AND ALL SUBROGATION RIGHTS AGAINST RPB. YOU WILL LOOK SOLELY TO THE PROCEEDS OF SUCH INSURANCE FOR ANY LOSS, LIABILITY, DAMAGE OR CLAIM ABOVE THE LIMITS OF RPB’S LIABILITY TO WHICH YOU AGREE IN THIS SECTION 8.

The foregoing provision means that any insurance company that insures you, your real property, or personal property will not be able to seek reimbursement from RPB or the RPB Releasees for any loss for which such insurance company compensates you.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AMERICAN ARBITRATION ASSOCIATION’S COMPREHENSIVE ARBITRATION RULES. YOU AND RPB AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND RPB WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

1. This arbitration requirement applies to any claim or dispute of any kind (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, common law, or equitable) between you and RPB, its affiliates, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase that relates in any way to your purchase of the Products, these Terms, or RPB’s marketing or advertising (“Claims”).

2. You still have the right to bring individual Claims in small claims court, to the extent that you qualify.

3. RPB will pay the arbitration/arbitrator fees.

4. Arbitration shall be administered by the American Arbitration Association (AAA), subject to its Consumer Arbitration Rules, available at (800) 778-7879 and www.adr.org

5. Discovery shall be permitted in arbitration subject to AAA Consumer Arbitration Rules.

6. The arbitrator shall have exclusive authority to resolve any arbitrability issues including any dispute over these Terms or this arbitration provision’s scope, application, meaning, and enforceability. The arbitrator shall be empowered to grant whatever relief would be available in court. Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

7. Claims may not be arbitrated on a class or representative basis. You and RPB agree to arbitration only on an individual basis. Neither you nor RPB may join or consolidate claims of others or participate in any claim as a class representative or a class member. If any portion of this arbitration agreement is found unenforceable, the unenforceable portion shall be severed, and the remaining arbitration terms shall be enforced (but in no event will there be a class arbitration). This paragraph controls over any inconsistent term in any other agreement.

8. You and RPB agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

i. This arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).

RPB will provide all notices (including legal process) that RPB is required to give by any lawful method, including by making notice available through its website or by sending it to any e-mail or mailing address that you provide to RPB. You acknowledge that if you do not provide RPB with current and accurate contact information, RPB may not be able to contact you. You agree to send RPB notice by mailing it to:

Rad Power Bikes Inc.

Attn: Legal Department

1121 NW 52nd St.

Seattle, WA 98107

These Terms and any disputes between you and RPB will be governed by the laws of the State of Washington, without regard to conflicts of laws.

Section titles are only for convenience and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely.” RPB’s failure to act with respect to a breach by you or others does not waive its rights to act with respect to subsequent or similar breaches. A waiver will only be binding on RPB if it is in a written document signed by RPB. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect. You and RPB intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and RPB agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. RPB may assign its rights and delegate its obligations under these Terms, in whole or in part, at any time with or without notice to you, and these Terms will be binding upon and inure to the benefit of RPB’s successors and assigns. RPB shall have the right to assign these Terms, at its sole discretion, without notice to you. You may not assign, transfer or sublicense your rights (if any). These Terms (including any incorporated terms) and any Additional Terms constitute the entire agreement between you and RPB with respect to the Site. Both you and RPB warrant to each other that, in entering this agreement, neither RPB nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms (including any incorporated terms) and any Additional Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and RPB, or RPB’s successors and assigns, will have any right to enforce these Terms.

We pride ourselves on being nothing but respectful, kind, patient, friendly, and all other pleasant terms that could fit in the mix, and it is critical that those things are returned to our team by customers. We understand that oftentimes when you call/email customer support, it is because something has gone wrong or there is an issue with your purchase (which is the worst!). We also understand that these potential issues cause frustration and sometimes anger; however, we will NOT tolerate rude/vulgar language towards our staff. We will offer a warning if this occurs, after which we do reserve the right to refuse service, terminate your account, issue refunds, void warranties, or cancel orders, each at our sole discretion. If this decision is made it is final and cannot be undone.

If you have any questions or comments regarding these Terms, you may contact RPB by any of the methods available on our website at www.radpowerbikes.com or by mail at the following address:

Rad Power Bikes Inc.

1121 NW 52nd St.

Seattle, WA 98107

ATTN: Legal Department or legal@radpowerbikes.com.