These Consumer Purchase Terms and Conditions (the “Terms”) are a legal agreement between you (“You” or “Customer”) and Billy Turbo, a Wyoming Limited Liability Company (“BT”, “us” or “we”), and apply to all consumer purchases by you of any model of BT’s electric bikes (“ebike(s)”) and/or related accessories or other products offered by BT (collectively with ebikes, the “Products”) in the United States. You represent and warrant that you are at least 16 years of age or the age of legal majority in your jurisdiction (the “Minimum Age”), whichever is higher. If you are under the Minimum Age, you are not eligible to make a purchase with BT. By purchasing any Products from BT, whether online or in person or any other means, or by using the Products you thereby agree to these Terms in their entirety. Please read these Terms carefully as they list your obligations and rights and include a requirement that all disputes that you may have under these Terms be taken to arbitration, instead of a jury trial or class action, and that you waive certain rights relating to certain claims or relief.

 

1.  Ebike Safety and Waiver of Liability
    

Please read carefully before proceeding with your purchase or use of our 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.

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a. BT’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.

 

b. 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 2(h) below regarding waiver of claims subject to this Section 2.

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c. Riding any bike, ebike or similar vehicle 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.  

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d.  Any bike, ebike 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 before each ride and according to the other checklist contained in your ebike 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 before each ride.

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e. Riding any bike, ebike 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 or related merchandise and related activities.

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f. Incorrect assembly, maintenance, or use of your ebike 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 and any documentation provided for subcomponents or accessories before riding. You  assume full responsibility for the proper maintenance and the proper assembly and/or reassembly of your ebike.

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g. Using a damaged battery or charger can damage additional components or create a fire hazard. Stop using your battery and charger and contact BT 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 or charger is physically damaged, non-functional, or performing abnormally, (3) your battery or charger experienced a significant impact from a fall, crash, or shipping damage, with or without obvious signs of damage, (4) your battery was submerged in liquid or had extensive water exposure or damage, or (5) your charger becomes too hot to touch (it’s designed to get warm with normal use), makes an unusual smell, makes a popping sound, or shows other structures and, as soon as possible, recycle or otherwise dispose of it according to local rules.
 

h. To the fullest extent permitted by law, you agree to RELEASE AND HOLD HARMLESS BT 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. This RELEASE includes but is not limited to claims based on negligence, defects in the design, manufacture, maintenance, assembly or inspection of the ebike.

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2. Liability
 

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 BT’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 OUR PRODUCTS GIVING RISE TO SUCH LOSSES OR INJURIES. WE ARE NOT LIABLE FOR ANY OTHER LOSSES OR INJURIES – ALL OF WHICH SHALL BE MITIGATED BY ANY LOSS OR INJURY ARISING FROM YOUR ACTS OR OMISSIONS. 

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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 5 which is a material provision of these Terms. 
 

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3. Disclaimer of Certain Damages
 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BT 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 BT, ITS AFFILIATES OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 

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4. Acknowledgement and Indemnification
 

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 BT. You agree to release, waive, defend, indemnify, and hold BT and its owners, directors, officers, employees, agents, members, partners, suppliers, and licensors 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. BT 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 BT in asserting any available defenses.
 

5. Waiver of Subrogation
 

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 2 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 BT AND/OR THE BT RELEASEES. YOU WILL ENSURE THAT YOUR APPLICABLE INSURANCE POLICIES CONTAIN A PROVISION OR ENDORSEMENT WAIVING ANY AND ALL SUBROGATION RIGHTS AGAINST BT. YOU WILL LOOK SOLELY TO THE PROCEEDS OF SUCH INSURANCE FOR ANY LOSS, LIABILITY, DAMAGE OR CLAIM ABOVE THE LIMITS OF BT’S LIABILITY AS OUTLINED IN SECTION 2.

The foregoing provision means that any insurance company that provides coverage to you or your real or personal property shall be precluded from seeking reimbursement from BT or the BT Releasees for any loss after such insurance company compensates you.  

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6. Dispute Resolution and Binding Arbitration

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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 BT AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND BT 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.

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a. 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 BT, 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 BT’s marketing or advertising (“Claims”).

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

 

c. You and BT will equally split the arbitration/arbitrator fees.

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d. 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

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

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f. 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.

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g. Claims may not be arbitrated on a class or representative basis. You and BT agree to arbitration only on an individual basis. Neither you nor BT 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.

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h. You and BT 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.

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

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7. Notice and Updates

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

Billy Turbo
1309 Coffeen Avenue STE 1200
Sheridan, Wyoming 82801, WY 82801 US

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8. Governing Law

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

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9.  General

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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.” BT’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 BT if it is in a written document signed by BT. 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 BT intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and BT 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. BT 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 BT’s successors and assigns. BT 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 BT with respect to the Site. Both you and BT warrant to each other that, in entering this agreement, neither BT 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 BT, or use 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.

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10. How To Contact BT

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If you have any questions or comments regarding these Terms, you may contact BT by any of the methods available on our website at billyturbo.com, support@billyturbo.com

or by mail at the following address:

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Billy Turbo 

1309 Coffeen Avenue STE 1200

Sheridan, Wyoming 82801, WY 82801 US

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