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The following terms and conditions (the “Terms of Use” or “Terms”), including the terms and conditions of any other policies the Terms link or refer to, govern your access to and use of Ecomotionbikes.com (or any subdomains thereof), or one of our other websites, applications or other services from which you are accessing these Terms (individually and collectively referred to herein as a “Site” or the “Sites”). The Sites are made available by P&S Enterprises, Inc., (collectively, “Company,” “we” or “us”). The terms “you,” “your,” and “user” refer to anyone who accesses or visits a Site.

We reserve the right to change these Terms from time to time without notice to you, and any such changes will be effective upon publication on the Site.

By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website

1. Proprietary Rights

Except for your Submitted Materials (as defined in Section 5 below), we and our licensors own, solely and exclusively, all rights, title and interest (including, without limitation, copyrights) in and to the Sites, all the content (including, but not limited to, all photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, other services, graphics, logos other distributable applications, other visuals, video, copy and software), code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design and organization of the Sites, and the compilation and organization of the Site Content, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant you ownership or title of, in or to any Site Content or any other part of the Site, nor does it grant you any license to use or display the same except as expressly permitted herein.

2. Limited License

Subject to these Terms, we grant to you a non-exclusive, non-transferable, limited license to access, view, use and display the Sites and Site Content on your computer or other device, provided that you comply fully with these Terms. The Sites and Site Content are for your personal, educational and non-commercial use only. No part of the Sites or Site Content (or any of our products advertised or sold on the Sites) may be copied, reproduced, republished, exploited, downloaded, uploaded, posted, transmitted, modified, derived, exploited, distributed or used in any manner whatsoever, without our prior written consent or that of the applicable rights owner, except for limited personal, non-commercial or educational purposes as permitted under law.

3. Logos

The logos, service marks and trade names displayed on the Sites or as part of the Site Content (including, without limitation, Eco Motion Bikes, Eco Motion, Ecomotion) are property of the COMPANY and may not be used unless expressly authorized by written permission of the applicable and/or owner.

4. Accounts

Using certain features on the Sites may require creating an account (“Account”) and submitting personal information (including creative a username and password used to access the account). The Site’s information collection and use policies are set forth in the Site’s privacy policy. You agree to provide only true, accurate, current and complete information, and you accept all responsibility for any and all information and all activities that occur under your Account. We are not under any obligation to verify the actual identity or authority of any person using your Account. We reserve the right, in our sole discretion and without notice to you, to suspend or terminate your Account or to restrict your access to all or part of the Sites for any reason.

5. Orders

You may order products from the Sites only if you have reached the age of majority in your jurisdiction. You agree to pay in full the prices for your purchases, plus any applicable taxes. Certain products and services that you may be able to purchase or download through the Sites may be subject to additional terms and conditions presented to you during such purchase or download. By ordering products from the Sites, you agree that you are bound by and have rights under these Terms as well as our Privacy Policy, our Shipping Policy our Return Policy and our Warranty Policy.

We reserve the right to refuse any order you place through the Sites. We may, in our sole discretion, limit or cancel quantities of products purchased per person, per household or per order. These restrictions may include orders placed by or under the same Account, the same credit card, the same email address, or orders that use the same promotion code, billing or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. Additionally, we may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or any other unauthorized party. You are not permitted to resell any products or services purchased through any of the Sites for commercial purposes.

By purchasing from the Sites, you agree that we may share information about you and your transaction with other entities for various purposes, including (without limitation) to process your transaction, to operate our fraud prevention program, to collect on any unpaid debt and to obtain credit card authorization. Our information collection and use policies are set forth in the Site’s Privacy Policy.

Product availability on the Sites is not guaranteed as products may be low in stock or out of stock when an order is completed. Products displayed on the Sites may not be available in certain stores, or vice versa. Prices for a product (including sales) may vary between the Sites and geographies. Prices displayed on Ecomotion.com are quoted in USD and are valid and effective only in the U.S.

6. Pricing and Errors

We have made every effort to display as accurately as possible the colors and features of our products on the Sites. However, the particular technical specifications, displays and settings of your electronic device could affect the accuracy of the display. We are not responsible if information made available on the Sites is not accurate, complete or current.

From time to time, information on the Sites might contain typographical or visual errors, inaccuracies, or omissions that may relate to product descriptions, pricing or availability. It is your responsibility to monitor changes to the Sites. Any reliance on the information on the Sites is at your own risk. We may, but have no obligation to, correct any errors, inaccuracies or omissions, and to update or modify the Site Content without prior notice.

Prices and availability of products and services are subject to change without notice. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged and we cancel your order, we will issue the credit to your credit card. Individual bank policies dictate when this amount is credited to your account.

7. Your content: rules

7.1. You warrant and represent that your content will comply with these terms and conditions.

7.2. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

7.3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:

7.3.1. be libelous or maliciously false;

7.3.2. be obscene or indecent

7.3.3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

7.3.4. infringe any right of confidence, right of privacy or right under data protection legislation;

7.3.5. constitute negligent advice or contain any negligent statement;

7.3.6. constitute an incitement to commit a crime [instructions for the commission of a crime or the promotion of criminal activity];

7.3.7. be in contempt of any court, or in breach of any court order;

7.3.8. be in breach of racial or religious hatred or discrimination legislation;

7.3.9. be blasphemous;

7.3.10. be in breach of official secrets legislation;

7.3.11. be in breach of any contractual obligation owed to any person;

7.3.12. depict violence in an explicit, graphic or gratuitous manner;

7.3.13. be pornographic, lewd, suggestive or sexually explicit;

7.3.14. be untrue, false, inaccurate or misleading;

7.3.15. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

7.3.16. constitute spam;

7.3.17. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

7.3.18. cause annoyance, inconvenience or needless anxiety to any person.

8. Third-Party Websites

we may provide links to third party web sites for your convenience. We do not assume any responsibility for the (i) content of, (ii) technology implemented by, or (iii) privacy practices of third party sites and all use is at your own risk. You should review the privacy policy and terms of use for each third party site and confirm they are acceptable prior to registration on or use of the site. Links to third party sites do not imply endorsement of the sites by us.

7.2. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

7.3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:

7.3.1. be libelous or maliciously false;

7.3.2. be obscene or indecent

7.3.3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

7.3.4. infringe any right of confidence, right of privacy or right under data protection legislation;

7.3.5. constitute negligent advice or contain any negligent statement;

7.3.6. constitute an incitement to commit a crime [instructions for the commission of a crime or the promotion of criminal activity];

7.3.7. be in contempt of any court, or in breach of any court order;

7.3.8. be in breach of racial or religious hatred or discrimination legislation;

7.3.9. be blasphemous;

7.3.10. be in breach of official secrets legislation;

7.3.11. be in breach of any contractual obligation owed to any person;

7.3.12. depict violence in an explicit, graphic or gratuitous manner;

7.3.13. be pornographic, lewd, suggestive or sexually explicit;

7.3.14. be untrue, false, inaccurate or misleading;

7.3.15. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

7.3.16. constitute spam;

7.3.17. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

7.3.18. cause annoyance, inconvenience or needless anxiety to any person.

8. Third-Party Websites

we may provide links to third party web sites for your convenience. We do not assume any responsibility for the (i) content of, (ii) technology implemented by, or (iii) privacy practices of third party sites and all use is at your own risk. You should review the privacy policy and terms of use for each third party site and confirm they are acceptable prior to registration on or use of the site. Links to third party sites do not imply endorsement of the sites by us.

9. Limitations and exclusions of liability

9.1. Nothing in these terms and conditions will:

9.1.1. limit or exclude any liability for death or personal injury resulting from negligence;

9.1.2. limit or exclude any liability for fraud or fraudulent misrepresentation;

9.1.3. limit any liabilities in any way that is not permitted under applicable law; or

9.1.4. exclude any liabilities that may not be excluded under applicable law.

9.2. The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:

9.2.1. are subject to Section 9.1; and

9.2.2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

9.3. To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

9.4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

9.5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

9.6. We will not be liable to you in respect of any loss or corruption of any data, database or software.

9.7. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

9.8. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

10. Entire agreement

Subject to Section 9.1, these terms and conditions, together with [our privacy policy], shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

11. Law and jurisdiction

11.1. These terms and conditions shall be governed by and construed in accordance with California Law.

11.2. Any disputes relating to these terms and conditions shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of the state of California, Los Angeles City.

12. Breaches of these terms and conditions

12.1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

12.1.1. send you one or more formal warnings;

12.1.2. temporarily suspend your access to our website;

12.1.3. permanently prohibit you from accessing our website;

12.1.4. block computers using your IP address from accessing our website;

12.1.5. contact any or all of your internet service providers and request that they block your access to our website;

12.1.6. commence legal action against you, whether for breach of contract or otherwise; and/or

12.1.7. suspend or delete your account on our website.

12.2. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation [creating and/or using a different account]).

13. Contact Us

Please direct questions or comments about the Sites, these Terms, or any products you purchased through the Sites to:

Contact@ecomotionbikes.com

Contact Us

Location

323-645-7559
Contact@ecomotionbikes.com

7868 Santa Monica Blvd.
West Hollywood,
CA 90046

Hours of Operation

Monday - Thursday - 10am - 7pm
Friday - 10am - 5pm
Saturday - Closed
Sunday - By Appointment Only