Disclaimer
The E-BikeKit electric bicycle motor kit is supplied as a set of do-it-yourself parts for the user to install on their bicycle. Because this kit is installed, maintained and operated by the purchaser, E-BikeKit LLC disclaims any responsibility for injury, damage or other consequences arising from the use of this product.
Each installation will be different and therefore it is the responsibility of the purchaser to determine the best way to install the kit on their particular bicycle. The provided instructions should be considered as general guidelines only - every electric bike conversion will be slightly different. If you do not have the mechanical ability to correctly and safely install this electric bicycle kit, you should obtain the services of a professional bicycle shop or other qualified technician. Installation and use of this e-bike conversion kit will create an electric motor vehicle that has exposed moving parts, electrical connections and high powered batteries. Any or all of these components can be dangerous! Federal Law mandates that no person under the age of 16 shall operate a motorized bicycle. Always wear a helmet, ride responsibly and observe all Federal, State and Local laws.Disclaimer & Limitation of Liability
E-BikeKit LLC is NOT in any way responsible for any injuries or mishaps associated with the use of our E-Bike kit products. Riders are personally responsible for their own actions and E-BikeKit accepts zero responsibility for any negative incidents related to the E-Bike Kit and its use. Death, Injuries, the breaking of any laws and everything that happens to or is done by the installer, rider, owner or user of any E-BikeKit products is the sole responsibility of the individual and NOT the responsibility of E-BikeKit.com or E-BikeKit LLC.The Web Site is provided for your use on an as is basis. E-BikeKit LLC makes no representations or warranties of any kind, express or implied, as to the operation of the Web Site or as to the information, content, materials, or products included on this Web Site. E-BikeKit LLC uses its best efforts to maintain the Web Site but is not responsible for the results of any defects that exist in the Web Site, any outages, interruptions, viruses or other harmful components. You should not assume that the Web Site or its content is error-free or that it will be suitable for the particular purpose that you have in mind when using it. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, E-BikeKit LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. E-BikeKit LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, OR LOSS OF REVENUE OR PROFITS, WHETHER FORESEEABLE OR NOT, OCCASIONED BY USE OF THIS WEB SITE, ANY FAILURE BY E-BikeKit LLC TO PROVIDE ACCESS TO OR USE OF THE WEB SITE, OR ANY OTHER CAUSE WHATSOEVER. E-BikeKit LLC may, in its sole discretion and at any time, modify or discontinue the Web Site; limit, terminate or suspend a user's use of or access to the Web Site; refuse to post, modify and post or take down information, content, materials or other offerings submitted to by users of the Web Site for posting and/or make changes to these Terms of Service.
Because certain jurisdictions to which these Terms of Service may be subject do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may be held to be inapplicable in those jurisdictions. In the event the foregoing limitation of liability is held to be unenforceable for any reason, then E-BikeKit maximum liability for any of the foregoing types of damages shall be limited to $100.00.
This document is a legal binding contract which supersedes any other agreements or representations by or between the parties and is intended to provide a comprehensive release of liability, but is not intended to assert any claims or defense which are prohibited by law. I understand and agree that this agreement will be interpreted pursuant to all laws. If any portion of this agreement is deemed unenforceable, the remainder shall be given full force and effect. I understand that this is a legally binding agreement. I understand that all adult riders should and children are required by law to wear a bicycle helmet whenever riding a bicycle particularly when it is power assisted as in this case. I understand that aluminum forks are not to be used with any electric hub motor. I understand that the converted electric bicycle is subject to all laws of the road and that many states and localities have additional laws, which may specifically apply to this converted electric bicycle. I understand that the converted electric bicycle must be equipped with reflectors and that while reflectors may increase the visibility of the electric bicycle; they cannot guarantee the safety and visibility of the rider. Accordingly, I acknowledge that it is my responsibility to equip the converted electric bicycle with legally required lights if it is to be ridden at night. I understand that children should never ride at dusk or night and adults should never ride at dusk or night unless absolutely necessary.
I understand that the electric bicycle conversion kit must be installed by a qualified professional that can guarantee the unit is installed properly adhering to adequate practices and industry standards. I understand that regular maintenance is required to keep the converted electric bicycle operating properly, that failure to properly maintain the converted electric bicycle may render the vehicle unsafe. Regular maintenance includes but it is not limited to daily inspection of all quick release mechanisms, wheel retention devices, wiring, battery pack holder, handlebars and brakes. I understand that there the warranty to any of the electric bicycle conversion kits, battery packs or personal transportation devices from the seller or distributor is ninety days. By ordering any item from E-BikeKit™, you indicate that you have read and understood this. This is a release of liability. I understand and agree with the terms of this assumption of risk, indemnification.
Copyright & Trademark
Unless otherwise indicated, the documents and information, including, but not limited to, text, graphics, icons, logos, buttons and images, on this Web Site are copyrighted materials of, and owned and controlled by, E-BikeKit LLC or the party credited as the provider of the content. Reproduction or storage of documents and information from this Web Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C., and international copyright laws. All software used on this Web Site is the property of E-BikeKit LLC or its software suppliers and is subject to U.S. and international copyright law. You may not modify, decipher, de compile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site. You may not reproduce, modify, distribute, transmit, republish, display or perform any of the content of this Web Site unless expressly permitted by E-BikeKit LLC and then only for the limited purpose stated, provided that you preserve every copyright and other notice contained therein.
E-BikeKit LLC and the E-BikeKit LLC logo are trademarks of E-BikeKit LLC. This Web Site contains many third-party trademarks and service marks of participating employers. All marks are the property of their respective holders.
Third Party Content
This Web Site provides content, hyperlinks and references to web sites of third-parties, including, but not limited to resumes, job listings and hyperlinks of E-BikeKit LLC employers, job candidates and others not controlled by E-BikeKit LLC E-BikeKit LLC neither endorses nor is responsible for the availability, accuracy, currency or reliability of any information, statement, opinion or advice contained in such a third party's Web Site or material. You should use them with caution. It is the responsibility of every user to evaluate the accuracy, currency, completeness or usefulness of any information, statement, opinion or advice or other content available through any third party Web Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, statement, opinion, advice or other content. Any concerns regarding such third-party content should be directed to the third-party. Under no circumstances will E-BikeKit LLC be liable for any loss or damage caused by reliance on information obtained through a third party Web Site. Nothing on the Web Site shall be deemed to be a recommendation of any third-party or to constitute any representation as to a third-party's qualifications, services, products, offerings, information or any other content.Legal Compliance & Posting Limitations
Users must use the Web Site in accordance with all applicable international, federal, state and local law and may not post or transmit anything that would give rise to any civil or criminal liability for any party or otherwise violate any law. Users may not post or transmit anything that violates the copyright, privacy, confidentiality, publicity or intellectual property rights of any person or that reveals any information that should be known to the user to be confidential or a proprietary. Users may not post or transmit anything that is false, misleading, defamatory, obscene, indecent, threatening, harassing, harmful or that could constitute an incitement to unlawful conduct.No Commercial Activity
Users may not use the Web Site or post any material to the Web Site that is commercial in nature without the prior consent of E-BikeKit LLC, including, but not limited to, junk mail, spam, chain letters or any other form of solicitation not directly related to bona fide offers of, or requests for, employment. No user may post any franchise, pyramid scheme, club membership, distributorship or sales representative agency arrangement or other business opportunity that requires an up-front or periodic payment, pays commissions only, or requires recruitment of other members, sub-distributors or sub-agents, whether or not such posting is a bona fide offer of employment or not. Users are forbidden to sell trade or distribute the contents of the Web Site or any data obtained from the Web Site to anyone.
Integrity of the Web Site and its Content
Users may not use, post or transmit any device, software, routine, virus, spam, mass e-mail, commercial material, corrupted data or otherwise attempt to or intend to interfere with or damage the proper working of this Web Site or any activity conducted on this Web Site or to damage or intercept any data or information on the Web Site. Users may not delete or revise any material posted by another user. Users may not delete or revise any material, including, but not limited to, legal notices, posted by E-BikeKit LLC Users may not violate or attempt to violate the security, efficiency, reliability, or integrity of the Web Site or its content in any way, including, without limitation, by accessing data, servers or accounts for which user's password is not authorized, forging TCP/IP packet headers or payloads or accessing or attempting to access parts of the Web Site restricted to user access.
Grant of Rights
By uploading/posting any content to the Web Site, user automatically grants E-BikeKit LLC the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce and modify (to the extent necessary to meet the requirements of the Web Site), adapt, publish, distribute, translate, create derivative works in any form, media or technology now known or later developed, without restriction or compensation. User waives all so-called moral rights in the posted content. E-BikeKit LLC and its agents and designees shall have the right, but not the obligation, in their sole discretion, to edit, refuse to post, or to remove any content posted by a user to the Web Site.
Indemnification
User agrees to defend, indemnify and hold harmless E-BikeKit LLC, its officers, directors, employees and agents against and from any third party claims, actions, damages or demands, including but not limited to, reasonable legal and accounting fees, resulting from user's use or misuse of this Web Site, violation of these Terms, or any activities related to the Web Site, or from user's violations of the rights of any other user of this Web Site. Use of this Web Site is at user's own risk.
