Terms and Conditions

TERMS OF SERVICE

Effective August 22, 2022

Introduction and Overview.  Welcome to Easton Electric Bikes. We prepared these Terms of Service to help explain your rights and our rights relating to the provision of our Services.

Easton Electric Bikes websites, including our branded websites at https://www.eastonelectricbike.com.com/, (the “Sites”), related mobile applications (“Apps”), and any other sites or apps that connect to these Terms of Use, and services (collectively, the “Services”) are made available to you by Easton Electric Bikes (herein “Highline Management Services Inc,” “we,” “us,” or “our”), a Pennsylvania corporation located at 805 Canal Street, Easton, PA, 18042 USA. 

These Terms of Use (the “Terms” or the “Agreement”) form a binding legal agreement between you and Easton Electric Bikes. If you are located in a jurisdiction outside the European Economic Area, by using our Services, you also accept the Easton Electric Bikes Privacy Policy, as it is incorporated into and forms part of this binding Agreement.

BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, OR BY USING THE SITES OR APPS, YOU ARE AGREEING TO THE THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICES.

PLEASE READ THIS AGREEMENT CAREFULLY—IT AFFECTS YOUR RIGHTS.

• ARBITRATION, CLASS ACTION, AND JURY TRIAL WAIVER. THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, TO BRING A CLASS ACTION, AND TO HAVE DISPUTES DECIDED BY A JUDGE OR JURY UNLESS YOU OPT-OUT OF ARBITRATION.
• CHANGES TO THE TERMS OF USE. We may change, modify or amend these Terms of Service from time to time. We will notify you of material changes to these Terms of Service by posting the amended terms on the Service before the effective date of the changes. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms of Service take effect. You acknowledge and agree that it is your responsibility to review our Sites and these Terms from time to time to familiarize yourself with any modifications.
• CONTINUED USE CONSTITUTES ACCEPTANCE OF THE TERMS. Your continued use of our Services, including your continued use after any changes to the Terms as noted above, will constitute acknowledgement of the new Terms and your agreement to abide and be bound by any modifications to them.

1.    Registration and Accounts

The Services are intended solely for persons who are 16 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

Affirmative Representations. When you use the Services you agree: (a) to provide true, accurate, current and complete information about yourself (“Member Data”) (b) to maintain and promptly update the Member Data; (c) your use of the Services does not violate any applicable law or regulation; and (d) you are of sufficient age or otherwise have legal capacity to legally enter into this Agreement. 

You agree that Easton Electric Bikes may use your Member Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any Member Data that is inaccurate or not current, or Easton Electric Bikes has reasonable grounds to suspect that such Member Data is inaccurate or not current, Easton Electric Bikes has the right to suspend or terminate your account and refuse current or future use of the Services.

Your Responsibilities and Security. You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices.

We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your User Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify Easton Electric Bikes of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to Member Data and any other information or content you provide to Easton Electric Bikes.

By virtue of certain of the Services connecting to the Google Maps API, you hereby agree to be bound by the Google Maps/Google Earth Additional Terms of Service.

2.    User Content

User Content. You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“User Content”), whether publicly posted, privately transmitted, or submitted through a third party API (e.g. a photograph submitted via Instagram). Public segments and routes created by using the Services are not considered User Content. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any User Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you contact us in writing, as described in the “Contact Us” section below, and state that this license is revoked and that we may not use your User Content in new creations or reproductions going forward.

Your Entire Responsibility for Your User Content. You understand that you, and not Easton Electric Bikes, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Services. Easton Electric Bikes does not proactively and routinely screen or monitor the User Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such User Content. Easton Electric Bikes may, in its sole discretion, screen, monitor, refuse or remove any User Content, or remove any User Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Aventon be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content made available on the Services. You agree to bear all risks associated with the use of any User Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such User Content. You agree that Easton Electric Bikes is not responsible for, and does not endorse, User Content posted on the Services. If your User Content violates these Terms, you may bear legal responsibility for that User Content. As between you and Easton Electric Bikes, any User Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content.

Privacy of Your User Content Determined by Your Settings. The Services may provide you with the ability to mark certain User Content that you submit to the Services as private, public, or available only to select users of the Services. Easton Electric Bikes will maintain the privacy of such User Content in accordance with your elections. However, if you do not elect to mark your User Content as private or available for a limited group of members, or later change such designation to allow such Content to be made available to anyone, you are responsible for the public nature of the content. Please review the Privacy Policy on the respective Easton Electric Bikes Site for more information on how to manage your privacy controls.

Permission to Use Your Profile Name, Likeness. You give us permission to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third party products, services, or devices, in ads, offers and other commercial contexts on the Easton Electric Bikes service without compensation to you. For example, we may show your Easton Electric Bikes followers that you use a certain device, product, or service available from a brand that has paid us to display its ads on Easton Electric Bikes. You may adjust settings to prevent your profile name and profile photo from appearing in an ad.

3.    Conduct

We expect you to honor the Easton Electric Bikes Community Standards. The Sites and Services are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content (defined in Section 4). You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:

• Copying, framing or mirroring any part of the Services;
• Accessing the Services to monitor its availability, performance or functionality;
• Permitting any third party to access the Services;
• Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to Easton Electric Bikes;
• Publishing, transmitting, distributing or storing content, material, information or data that: (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);
• Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Easton Electric Bikes internet protocol space;
• Avoiding payment of charges or fees payable by you with respect to the Services;
• Committing any act that may be harmful to minors;
• Distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
• Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to Easton Electric Bikes than a human can reasonably produce in the same period of time by using a conventional web browser;
• Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• Collecting or harvesting any information relating to an identified or identifiable individual, including account names and information about users of the Services, from the Services;
• Using the Services for any inappropriate commercial solicitation purposes;
• Accessing any content on the Services through any technology or means other than those provided or authorized by the Services;
• Submitting to the Services or to Easton Electric Bikes any personal information, except as necessary for the establishment and operation of your account;
• Submitting to the Services or to Easton Electric Bikes any information that may be protected from disclosure by applicable law;
• Bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
• Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability;
• Removing any copyright, trademark or other proprietary rights notices contained in or on the Services; or
• Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you.

You understand that use of certain features of the Services may require you to purchase third party equipment or materials (e.g., GPS systems). While Easton Electric Bikes may recommend the equipment or materials of certain third party suppliers, Easton Electric Bikes shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.

You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Services.

You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the User Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your User Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of  User Content you post on or through the Services.

4.    Proprietary Rights

Copyright Notice. This copyright notice applies to the entirety of the Services. All content on the Services are the sole property of Easton Electric Bikes and is protected under U.S. and international copyright laws.  Easton Electric Bikes reserves all rights to the content contained herein. The content of this website or any Internet site owned, operated, licensed, or controlled by Easton Electric Bikes may be viewed or downloaded for the user's personal, noncommercial use only.   Even for personal downloads, you may not modify the materials nor use the materials in a manner that suggests an association with any of our products, services, or brands.  The content herein, including trademarks, service marks, written text, html or other code, images, animations, digital photographs, or other content accessible on this site, should not be reproduced, copied, distributed, posted, or used in any other way without the express written permission of Easton Electric Bikes.   The use of any Easton Electric Bikes material on any other Web site or computer environment is prohibited.   You may link to material on our website only with our prior written consent.

Non-User Content is the Property of Easton Electric Bikes. All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Sites (the “Content”) are protected intellectual property of, or used with permission or under license by us. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Content of each Site, copyrighted and protected as a collective work. All intellectual property rights associated with the Sites and/or Services, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Sites and/or Services. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on any Site is strictly prohibited.

Your Limited License in the Sites and Easton Electric Bikes Content. Subject to your compliance with this Agreement, we grant you a limited license to access and use our Sites and their Content for personal, informational, and shopping purposes. No Content from the Sites may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content or software made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with this Agreement and retain the same solely for as long as you continue to be permitted to access the Services. To use Content under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact, (2) use such Content pursuant to any licenses associated with such Content, (3) not copy or post such Content on any networked computer or broadcast it in any media, (4) make no modifications to any such Content, and (5) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Sites or the Content.

Your Feedback. We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to Easton Electric Bikes a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Easton Electric Bikes any Feedback that you do not wish to license to us as set forth above.

5.    Interactions with Members; Referrals; Affiliate Program

The Services function as a venue to connect members in a virtual information place. As a neutral facilitator, Easton Electric Bikes is not directly involved in the actual interactions between members of the Services. As a result, Easton Electric Bikes has no control over the truth, accuracy, quality, legality, or safety of postings made by members of the Services. Easton Electric Bikes shall have no responsibility to confirm the identity of members. Easton Electric Bikes shall also have no responsibility to confirm or verify the qualifications, background, or abilities of members of the Services. You shall at all time exercise common sense and good judgment when dealing with any member of the Services.

If you elect to use our features to inform your contacts about the Services, track your activities, or share your information with others, Easton Electric Bikes may require you to provide contact information. Easton Electric Bikes may contact that friend via a one-time email or text message. You represent that you are authorized to provide any third party contact information that you provide to Easton Electric Bikes, that you are authorized to use such information to contact (including for Easton Electric Bikes to contact on your behalf) the third party and that Easton Electric Bikes may process it pursuant to the.

6.    Electronic Communications

The Services may provide you with the ability to send or post messages to forums or chat rooms, speak via internet voice connections or send similar messages and communications to third party service providers, advertisers, your personal contacts, other members and/or Easton Electric Bikes.

By using communications methods available on the Services, you agree that:

• all communications methods constitute public, and not private, means of communication between you and the other party or parties;
• communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by Easton Electric Bikes (unless expressly stated otherwise by Easton Electric Bikes)
• communications are not routinely pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Easton Electric Bikes in any manner, though Easton Electric Bikes reserves the right to do so at any time at its sole discretion;
• that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing;
• you will use communication methods available on the Services only to send communications and materials related to the subject matter for which Easton Electric Bikes provided the communication method;
• all such communications by you shall be deemed your User Content and shall be subject to and governed by the Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable).

7.    Promos and Discounts; Loyalty or Rewards Program

Promos and Discounts. Our Services may advertise promotional discounts, coupon codes, and other offers to be applied upon checkout. These cannot be applied to prior or completed transactions, and must be used at the time of purchase. Generally, promo codes and discounts cannot be combined with other offers or used with subscription orders. Only consumers can use promo codes, they cannot be used by resellers, wholesalers, practitioners, or the like. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible on the Site.

Loyalty or Rewards Program. Some of our Sites may also offer a Loyalty or Rewards Program (“Rewards Program”). If you elect to opt-in to our Rewards Program  this section applies to you, as do any terms in this Agreement corresponding to the Rewards Program. 

Eligibility and Suspension. Our Rewards Program is only open to legal residents of the United States who are at least sixteen (16) years old at the time of entry. Rewards Programs are void where prohibited. Corporations or other entities or organizations of any kind are not eligible to participate in Rewards Programs. You may only participate in a Rewards Program using one Account. We reserve the right to suspend, modify, or discontinue the eligibility of any person who uses or is suspected of using a Rewards Program in a manner inconsistent with this Agreement or any federal or state laws, statutes or ordinances. In addition to suspension or discontinuance of eligibility, we have the right to take appropriate administrative and/or legal action against such persons. It is your responsibility to ensure any rewards or benefits you earn under a Rewards Program are accrued correctly. 

Termination of Rewards Program. The Rewards Programs continue until we terminate them, which we may do at any time, with or without notice to you. Upon discontinuation of any Rewards Program you may lose all benefits under that Rewards Program, including those yet to be redeemed. We also reserve the right to suspend or modify any Rewards Program, at our discretion, at any time. By continuing to participate in the Rewards Program, you accept our modifications. We will make reasonable efforts to provide you notice of changes to the prior to implementation

Disputes and Disclaimer. All questions or disputes regarding eligibility for a Rewards Program, your compliance with this Agreement, accrual of rewards or benefits, or anything else related to a Rewards Program, will be resolved by us in accordance with the “Disputes, Arbitration, and Class Action Waiver” section. By participating, you agree that all decisions we make regarding a Rewards Program are final. The Rewards Program is subject to all applicable laws and regulations. 

WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND IN CONNECTION WITH ANY REWARDS PROGRAM, WHICH ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

8.    Terms for Purchases

Transfer of Ownership to You. Title to all products ordered by you and risk of loss to such products will transfer to you at the time Easton Electric Bikes delivers such products to the applicable shipping carrier. Note, however, that if we have not received payment in full for the products prior to their delivery, then the products will remain our property until such time as payment is received in full. We reserve the right (subject to applicable law) to terminate your right to use the products if payment is not made when due, or if the credit/debit card company declines payment or requires us to return any payment made for the products, for any reason.

Updates to Ebike Parts. We reserve the right to change any component or part of our ebikes, or to change manufacturers of component parts without notice to you. Such changes, as well as any modification to the manufacture of our bikes, shall not constitute grounds for returning the product.

Battery and Range. Please note that there are many factors that contribute to the actual, real-world range of an ebike battery such as age of the battery, temperature, level of assist, speed, payload, and terrain. Any representation we make regarding the range for a particular ebike based on a full charge of its battery is an estimate, not a guarantee of such performance.

Alterations Void Warranty. Any alterations, modifications, or other changes made by you to an ebike following your purchase which affect the safety, operation, or mechanics of the ebike shall void any applicable product warranty and shall be at your sole risk of harm.

Financing. For qualified purchasers, ebikes may be financed through our consumer financing partners. The necessary qualifications for financing an ebike purchase, and your rights and obligations associated with such purchase, are solely determined by the financing partner. It is your responsibility to review and understand all terms and conditions associated with financing an ebike purchase, and you hereby acknowledge that Easton Electric Bikes is no way responsible for any such financing.

9.    Cancellations

Cancellation of Orders.  You may cancel an order by contacting us via email or telephone, per the “Contact Us” section below.  Cancellation is not confirmed until you receive a response from our customer support team. 

Due to the speed at which we process orders (as quickly as possible) we will attempt but cannot guarantee that we will be able to cancel an order you placed on the Sites. After you have placed an order, we cannot change it, including for size or color reasons.  Please make your selections carefully and reach out to our team for guidance to ensure you are choosing the right item.

Orders which have already been shipped (you have received a tracking number) cannot be changed or cancelled. Please see our Returns and Exchanges Policy  in Section 11 below for return terms and instructions to send an order back for a refund, if desired. 

Card Processing Fee.  If you ask us to cancel an order after we have captured funds from your credit/debit card, (or after we've captured funds from your PayPal account or have financed your purchased through Affirm) 2.5% will be withheld from your refund to cover the cost of merchant card processing, which we do not recover when issuing a refund for a cancelled order. 

10.    Shipping

Current shipping times:
In-Stock Ebikes: 3-5 business days.
In-Stock Accessories & Components: 7-10 business days.

Email Confirmation. A shipping confirmation email will be sent to the email address attached to your order once the order has shipped. Please note that for any third-party shipping outside of Easton Electric Bikes normal shipping process, Easton Electric Bikes cannot provide ANY additional shipping information or documentation.

Shipping Costs and Lithium-Ion Batteries. We are pleased to offer flat rate shipping of $65.00 to addresses in the 48 continental United States, including complete bicycles. Shipping to destinations outside the 48 continental United States is based on package weight and size. Due to shipping carrier regulations around high-capacity lithium-ion batteries, we cannot ship ebikes, or ebike batteries, outside of the 48 continental United States.

Signatures Required.  Shipments containing ebikes are sent signature required due to the high value of the item and restrictions pertaining to the delivery of high-capacity lithium-ion batteries. The shipping carrier is instructed obtain a signature before delivery and should not leave packages unattended, although starting with the COVID-19 pandemic, shipping carriers may obtain visual confirmation that the recipient acknowledges receipt of the package as an alternative to obtaining a physical signature.

Addresses to Which We Ship. We ship ebikes to addresses in the 48 continental U.S. states. Accessory orders ship to the U.S. territories of Guam and Puerto Rico as well as APO/FPO/DPO addresses, plus all provinces in Canada. Orders ship from Ontario, California, USA.

Due to shipping carrier regulations around high-capacity lithium-ion batteries, we cannot ship ebikes or ebike components, including but not limited to batteries, displays and controllers, outside of the 48 continental United States.

Shipping Carriers.  Easton Electric Bikes ships using FedEx and USPS, based on the size/weight of your order and your delivery address. We’ll ship your order in a single box whenever possible, but occasionally we’ll need to send multiple shipments: for example, if you’ve ordered several large/bulky items.

No Responsibility for Loss, Theft, or Damage. Please note we are not responsible for any lost, stolen, or damaged items due to the actions or inactions of FedEx or any other parcel service.

Refused Shipments – Flat Fee. If you refuse delivery of an order that you asked us to ship to you, we reserve the right to charge a flat fee of $175 per ebike to partially cover our shipping costs. We cannot change, intercept, or cancel orders that have already shipped. If you refuse delivery, we will treat your order as a return if it arrives back to us and issue a refund for the purchase price via your original payment method, less $175.

11.    Return Policy; Restocking Fees

Returns, Refunds and Restocking Fees.  Please read the following carefully to understand our returns and restocking fee policy applicable to all components, accessories and ebikes sold by Easton Electric Bikes.

• Returns of New and Unused Items Within 14 Days of Receipt. We allow you to return any item in new and unused condition (unopened factory box with all factory box seals and staples in tact) within 14 days of receipt subject to the deduction of a 15% restocking fee. After we receive item back, we will issue a refund using the same payment method you used originally. 
• Returns of Used Items. Any items returned in a used condition (opened factory box) may be returned within 21 days of purchase subject to the deduction of a 40% restocking fee.  Items must be in "like new" condition and free of any damage. Electric bikes must have less than twenty (20) miles on the odometer.
• Returns of New and Unused Items Outside the 14-Day Window. If you wish to make a return outside of the 14-day window, then if the item to be returned is in new and unused condition (unopened factory box with all factory box seals and staples in tact), you may return the item subject to the deduction of a 30% restocking fee.

Shipping Costs.  Any and all shipping costs paid by the Buyer shall not be refundable under any circumstance(s).  Additionally, you will be responsible for paying for your own shipping costs for returning your item to us. Shipping costs are non-refundable. We recommend using a trackable shipping service and purchasing shipping. We cannot guarantee that we will receive the item you are attempting to return.

Returns Mechanics, COD and Timing.  Please contact a member of our customer support team using the “Contact Us” information below in Section 22.  We will notify you at the email address on file when we process your return. No return material authorizations or permission numbers are required to make a return.  Most refunds show up to your payment card or payment account within 72 hours of processing (or on your next paper statement).  Easton Electric Bikes does not accept shipments sent cash on delivery (COD).

Refused Shipments – Flat Fee. If you refuse delivery of an order that you asked us to ship to you, we reserve the right to charge a flat fee of $175 per ebike to partially cover our shipping costs. We cannot change, intercept, or cancel orders that have already shipped. If you refuse delivery, we will treat your order as a return if it arrives back to us and issue a refund for the purchase price via your original payment method, less $175.

Battery Returns. Due to return shipping carrier restrictions, battery purchases are non-returnable. High-capacity lithium-ion battery shipping restrictions prohibit consumer's ability to return batteries via shipping carriers.

I agree to the terms of the return policy.

12.    Our Management of the Service; User Misconduct

Our Right to Manage the Service. We reserve the right, but do not undertake the obligation to: (A) monitor or review the Services for violations of these Terms and for compliance with our policies; (B) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Services; (C) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any User Content or any portion thereof; (D) manage the Services in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Services; and/or (E) terminate or block you your use of the Service for violating these Terms.

Our Right to Terminate Users. You agree that Easton Electric Bikes may, under certain serious circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in Easton Electric Bikes sole discretion and that Easton Electric Bikes shall not be liable to you or any third party for any termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: “User Content”, “Proprietary Rights,” “Disclaimer of Warranties and Liability,” “Indemnity,” “Choice of  Laws” and “General.”

13.    Disclaimer of Warranties and Liability

SITES AND SERVICES ARE PROVIDED “AS-IS.” ANY INFORMATION, SOFTWARE, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. EASTON ELECTRIC BIKES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. AVENTON AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THAT CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

COMPLIANCE WITH EBIKE AND RELATED LAWS. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ANY AND ALL LAWS REGULATING THE PURCHASE OR USE OF AN EBIKE, OR OTHER PRODUCT. WE ARE NOT RESPONSIBLE FOR ADVISING YOU ON SUCH LAWS IN YOUR OR ANY OTHER JURISDICTION RELATED TO THE PURCHASE OR USE OF AN EBIKE OR OTHER PRODUCT. YOU, AND YOU ALONE, ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL REQUIREMENTS, INCLUDING BUT NOT LIMITED TO REQUIREMENTS RELATED TO REGISTRATION OF AN EBIKE, LICENSURE FOR RIDING AN EBIKE, PURCHASING INSURANCE, OR WEARING A HELMET. FOR YOUR OWN SAFETY WE RECOMMEND THAT YOU WEAR A HELMET AT ALL TIMES WHILE RIDING ANY EBIKE.

NO PROVISION OF MEDICAL ADVICE. YOU EXPRESSLY AGREE THAT EASTON ELECTRIC BIKES IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND EASTON ELECTRIC BIKES.

RISKS INHERENT IN ATHLETIC ACTIVITY. YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, CYCLING, RUNNING, OR FOLLOWING A TRAINING PLAN OFFERED ON THE SERVICES) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF AVENTON OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.

NO RESPONSIBILITY FOR CHALLENGES, CONTESTS. YOU EXPRESSLY AGREE THAT EASTON ELECTRIC BIKES DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, CHALLENGE, OR GROUP ACTIVITY THAT UTILIZES THE SERVICES, INCLUDING ANY THAT ARE ORGANIZED BY A CLUB ADMINISTRATOR.

RELEASE OF LIABILITY FOR INJURY RELATED TO ATHLETIC ACTIVITY. YOU EXPRESSLY AGREE TO RELEASE EASTON ELECTRIC BIKES, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES AND/OR USE OF THE EASTON ELECTRIC BIKES WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS (INCLUDING, WITHOUT LIMITATION, ANY EASTON ELECTRIC BIKES TRAINING PLAN), AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR USE OR MISUSE OF THE SERVICES, (B) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY EASTON ELECTRIC BIKES (INCLUDING, WITHOUT LIMITATION, ANY EASTON ELECTRIC BIKES TRAINING PLAN) WHILE ENGAGED IN ATHLETIC ACTIVITIES, (C) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (D) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (E) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF EASTON ELECTRIC BIKES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ENTERING INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

EASTON ELECTRIC BIKES DOES NOT ENDORSE YOUR USER CONTENT OR ANY OTHER MEMBER’S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.

MAXIMUM AGGREGATE LIABILITY NO TO EXCEED $50. THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (A) FIFTY DOLLARS ($50) OR (B) THE AMOUNT OF FEES PAID BY YOU TO EASTON ELECTRIC BIKES IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.

14.    Indemnity

YOU AGREE TO INDEMNIFY AND HOLD EASTON ELECTRIC BIKES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR OTHERWISE SEEK TO MAKE AVAILABLE THROUGH THE SERVICES, YOUR USE OF THE SERVICES, YOUR ATHLETIC ACTIVITIES WHICH GENERATE THE CONTENT YOU POST OR SEEK TO POST ON THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ATHLETIC ACTIVITIES IN CONNECTION WITH ANY CONTESTS, RACES, GROUP RIDES, OR OTHER EVENTS WHICH AVENTON SPONSORS, ORGANIZES, PARTICIPATES IN, OR WHOSE SERVICES ARE USED IN CONNECTION WITH), YOUR CONNECTION TO THE SERVICES, YOUR VIOLATION OF THE TERMS, YOUR VIOLATION OF ANY DATA PROTECTION OR PRIVACY LAWS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PERSON OR ENTITY. YOUR RIGHTS WITH RESPECT TO AVENTON ARE NOT MODIFIED BY THE FOREGOING INDEMNIFICATION IF THE LAWS OF YOUR COUNTRY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT.