In addition to these Terms, we may ask you to accept additional terms that apply to specific features, promotions, products or services (“Additional Terms”). To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your access to or use of the applicable feature, product or service.
The Services constitute a technology platform including websites and mobile applications (the “myBike Mechanic Platform”) that enables users to access a network of independent third party bicycle service providers (mechanics, technicians, or other independent contractors) (“Mechanics”), and/or to arrange for bicycle maintenance, repair, diagnosis, or related services (“Bicycle Services”). WE DO NOT PROVIDE BICYCLE SERVICES, AND WE ARE NOT THE EMPLOYER OF ANY THIRD PARTY PROVIDER. You acknowledge that we do not supervise, direct, or control a Mechanic’s work or Services performed in any manner. A Mechanic provides services to you as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of myBike Mobile Mechanic for any purpose whatsoever.
License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use the Services subject to the Terms of this Agreement. Any rights not expressly granted herein are reserved by us.
Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Ownership. The Services and all rights herein are and shall remain our property. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services, except for the limited license granted above, or to use or reference in any manner our company names, logos, product and service names, trademarks or services marks. All content appearing on the myBike Mobile Mechanic Platform is our property or the property of our partners and is protected by international copyright laws. Certain names, graphics and logos are trademarks, service marks, or trade dress (together, “Marks”) of myBike Mobile Mechanic. Our Marks may not be used for any purpose except pursuant to our Trademark Usage Policy. All other Marks are the property of their respective owners and may not be used without their prior written consent.
You must be at least 18 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to these Terms and to be fully responsible for the acts or omissions of such user.
If you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. The Services are not available to anyone under 18 years of age, or to any individual whose account has been terminated. Your account may not be used for Services to be performed for another person.
You will need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account and account credentials and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to access the Services through your account, you are responsible for the activities of those users. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.
TERMS OF SCHEDULING BICYCLE SERVICE
1. Bicycle Service Requests. To request an appointment for Bicycle Services (a “Job” and a “Job Request”), you may be asked to specify the type of service that you think is required, the location where you would like the Job to be performed, and the date and time that you would like the Job to take place. You agree that it is your responsibility to provide a suitable location for the Job, and to ensure that the Mechanic has proper access and permission, and is legally authorized to complete the Job at the location.
Once you submit a Job Request, we may provide you with a price and/or a list of possible Mechanics along with their experience information and “rating” based on previous customer reviews (if applicable). We reserve the right to modify, add, or delete items and/or price at any time prior to billing you. If you have agreed with the Mechanic to modify, add, or delete items in the Job Request, or to reschedule a Job, you must notify us. When you reschedule a Job, you agree to do so through the myBike Mobile Mechanic Platform.
Additionally, a myBike Mobile Mechanic customer care representative may contact you to gather additional information about your bicycle service needs, including but not limited to, diagnostic and product sales inquiries. You agree that diagnostic inquiries are a courtesy to assist the Mechanic and are not the responsibility of myBike Mobile Mechanic. Bicycle service recommendations may change upon further inspection by the Mechanic on the date of service and may be requoted at the time of inspection.
You agree to treat Mechanics courteously and lawfully, to provide a safe and appropriate working environment that is in compliance with all applicable laws and regulations, and to provide reasonable cooperation to enable Mechanics to complete the Job. We do not control the availability of the independent Mechanics on the myBike Mechanic Platform. You acknowledge that your selected Mechanic may be unavailable from time to time, e.g. due to illness, or vacation.
2. Communications. You expressly consent and agree to receive communications from us, including via e-mail, text message, and calls, to the cellular telephone number you provided to us. You understand that you may receive communications generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages sent by or on behalf of myBike Mobile Mechanic or its affiliated companies, or Mechanics, including operational communications concerning your Account, use of the myBike Mobile Mechanic Platform or Services, updates concerning new and existing features on the myBike Mobile Mechanic Platform, communications concerning promotions, and news concerning us and our Services. You may opt out of receiving text (SMS) messages from us at any time by texting the word STOP from the mobile device receiving the messages. You acknowledge that opting out of receiving text messages may impact your use of the Services. We may send you confirmation and other transactional emails regarding the Services. We may also send you emails or text messages, or receive phone calls about services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
3. Cancellation of Jobs by Service Recipient. You may cancel a scheduled Job at any time, subject to the following. If you cancel more than 24 hours before a scheduled Service appointment or Job, there is no cancellation fee. If you cancel within 24 hours of the scheduled start time for the Job or scheduled Service, you will be charged for a $40.00 cancellation fee. We reserve the right to establish, remove and/or revise our cancellation policy or cancellation fees at any time in our discretion.
4. Cancellation of Jobs by Mechanics. When a Mechanic cancels a scheduled Job, we generally notify you and make your Service request available for another Mechanic. However, we cannot guarantee that a canceled Job will be selected by another Mechanic and rescheduled or that the Job Request will be completed. Mechanics reserve the right to refuse a Job Request. You hereby agree to hold us harmless from any liability that may result from the cancellation of a Job or refusal of a Mechanic to complete a Job.
There may be instances where, after a Mechanic has arrived at your location, the Mechanic finds that he or she is not able to successfully complete the Job, for reasons including, without limitation, that the Mechanic does not have access or permission to work on your bicycle at the location you provided, that the location is not fit for bicycle services (e.g., hill or uneven surface, hazardous surroundings), or that the information you provided with respect to your bicycle is inaccurate or incomplete. In such instances, you may be charged a minimum fee or cancellation fee.
5. Promotional Codes or Credits. We may create promotional codes or credits that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Mechanic's services, subject to any additional terms associated with each promotion ("Promo Codes"). You agree that Promo Codes: (i) must be used by the intended audience and for the intended purpose and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to myBike Mobile Mechanic; (iv) may only be used pursuant to the specific terms that we established for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. myBike Mobile Mechanic reserves the right to interpret how the Promo Codes will be used, or to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that we determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
6. Payment Terms. You understand that use of the Services may result in charges to you for the Bicycle Services you receive from a Mechanic (“Charges”). Charges may include any applicable federal, state and local taxes. At the time you schedule a Job, we will record your preferred payment method information and validate your payment information. You authorize the payment of Charge(s) according to your preferred payment method information, or, if applicable, the payment of a cancellation fee if you cancel the Job. You agree not to make any alternative payment arrangement with the Mechanic who performs the Job. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
After you have received Bicycle Services obtained through your use of the Service, we will facilitate your payment of the applicable Charges on behalf of the Mechanic, as such Mechanic's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Mechanic. Charges paid by you are final and non-refundable, unless otherwise determined by us. All Charges are due immediately. If your primary payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that we may, as the Mechanic's limited payment collection agent, use a secondary payment method in your Account, if available.
We reserve the right to establish, remove and/or revise Charges for any or all Bicycle Services at any time in our sole discretion. If a Mechanic changes the Bicycle Services needed, or adds additional Bicycle Services, you authorize the payment of updated or modified Charges.
7. Diagnostic Services. We do not provide inspections that are intended to support manufacturer warranty claims. Obtaining any inspection through the myBike Mobile Mechanic Platform that indicates a problem with your bicycle, does not indicate that your bicycle would qualify for a successful warranty claim with a manufacturer.
If you schedule a diagnosis Job with a Mechanic, he or she will first seek to diagnose the problem. In performing a diagnosis, he or she may go through a step-by-step process to rule out or confirm part failures through visual inspection and/or appropriate tests. Although Mechanics use their experience in performing diagnoses, we cannot guarantee that any particular diagnosis will identify all of the problems with your bicycle (and/or solutions) during the first inspection. Sometimes, the only way to get to the root cause of a problem is to go through a process of elimination – that is, to replace a part suspected to be defective and then see whether the problem still exists.
After receiving a diagnosis, you may request subsequent repair work recommended based on the diagnosis. You agree that our Money Back Guarantee does not apply to such repair work, not to the completeness of the diagnosis or to any problems that you may be experiencing with your bicycle. For example, if your bicycle has a fluid leak, the leak may be coming from two or three different places on your bicycle. The Mechanic may recommend replacing the part responsible for the most obvious source of the leak, and then recheck the bicycle to see if there are other components that are leaking too. You understand that, if there are other leaking components, replacing those other components would be separate work subject to an additional Charge.
8. Vetting of Third Party Providers. Mechanics may be subject to an extensive vetting process before they can register for and during their use of the myBike Mobile Mechanic Platform, including a comprehensive criminal background check. Although we may perform background checks of Mechanics, we cannot confirm that each Mechanic is who they claim to be and therefore, we cannot and do not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through the myBike Mobile Mechanic Platform. When interacting with Mechanics, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE MYBIKE MOBILE MECHANIC PLATFORM AND YOU HEREBY RELEASE MYBIKE MOBILE MECHANIC FROM ANY LIABILITY RELATED THERETO. WE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, DAMAGE OR THEFT ARISING IN CONNECTION WITH YOUR USE OF THE MYBIKE MOBILE MECHANIC PLATFORM.
Our Services, including the product descriptions, text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein, are owned by or licensed to myBike Mobile Mechanic and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, myBike Mobile Mechanic and our licensors reserve all rights in and to our Services. myBike Mobile Mechanic grants you a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to use our Services for your own personal use; however such license does not include the right to (a) sell or resell any aspect of our Services to any third party or otherwise use our Services for any commercial purpose; (b) copy, reproduce, distribute, publicly perform or publicly display any aspect of the Services, except as expressly permitted by us or our licensors; (c) modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services; or (d) use our Services other than for their intended purposes. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
Our Services may allow you and other users to create, post, store or share content, including messages, text, product reviews, photos, videos, audio and other materials (collectively, "User Content"). Except for the license you grant below, as between you and myBike Mobile Mechanic, you retain all rights in and to your User Content. You grant myBike Mobile Mechanic a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, create derivative works from, distribute, publicly perform and publicly display your User Content, including any name, username or likeness provided in connection with your User Content, via the Services and through all media formats and channels now known or later developed without compensation to you. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason. You represent and warrant that you have all necessary rights to grant us the rights granted under this Section.
You agree that you will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:
Engage in any harassing, threatening, intimidating, spamming, predatory or stalking conduct;
Use or attempt to use another user’s account without authorization from that user;
Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
Develop or use any applications that interact with our Services without our prior written consent;
Use any data mining, robots or other data gathering or extraction methods in connection with the Services;
Bypass or ignore instructions contained in any robots.txt file we provide that controls automated access to portions of our Services; or
Use our Services to engage in, encourage or promote any activity that violates these Terms, or in any illegal, fraudulent, or in our sole judgment, other unauthorized manner.
You may not create, post, store or share any User Content that:
Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, misleading or fraudulent;
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any applicable law;
Infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
Impersonates, or misrepresents your affiliation with, any person or entity;
Fails to clearly and prominently disclose any material connections you may have with us or third parties (for instance, in connection with a product review);
Contains any unsolicited promotions, political campaigning, advertising or solicitations;
Contains any private or personal information of a third party without that third party’s consent;
Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose myBike Mobile Mechanic or others to any harm or liability of any type.
You may create a text hyperlink to our Services for noncommercial purposes, provided such link does not portray myBike Mobile Mechanic or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited permission may be revoked at any time and you must remove the link in question immediately upon request. You will not use the myBike Mobile Mechanic logo or other proprietary graphic of myBike Mobile Mechanic to link to our Services without our express written permission.
myBike Mobile Mechanic may provide third-party content on our Services, including User Content, and may provide links to web pages and content of third parties (collectively, the “Third-Party Content”). myBike Mobile Mechanic does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. myBike Mobile Mechanic does not create, update, or monitor Third-Party Content and is not responsible for any Third-Party Content. You are responsible for deciding if you want to access or use Third-Party Content or applications that link from our Services. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our Services are solely between you and such advertiser. Access and use of such Third-Party Content, including the materials, products or services on or available through any third party sites, is solely at your own risk.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about myBike Mobile Mechanic or our products or Services (collectively, “Feedback”), is non-confidential and myBike Mobile Mechanic will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify myBike Mobile Mechanic’s Designated Agent as follows:
Designated Agent: Legal Department
Address: 1615 Eastridge Ave., Riverside, Ca 92507
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to myBike Mobile Mechanic for certain costs and damages.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless myBike Mobile Mechanic, our affiliates, and each of our and their respective officers, members, managers, directors, agents, partners and employees (individually and collectively, the “myBike Mobile Mechanic Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services, including your conduct in connection with our Services; (b) your User Content or Feedback; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). You agree to promptly notify myBike Mobile Mechanic Parties of any third-party Claims, cooperate with myBike Mobile Mechanic Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the myBike Mobile Mechanic Parties will have control of the defense, including choice of counsel, and control of settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and any of the myBike Mobile Mechanic Parties.
We do not control, endorse or take responsibility for any Third-Party Content available via our Services. Your use of our Services is at your sole risk. Except as otherwise provided in these Terms our Services and the products purchased via our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, myBike Mobile Mechanic does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While myBike Mobile Mechanic attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. Except as otherwise provided in these Terms, you assume the entire risk as to the quality and performance of the Services and the products you purchase via the Services.
LIMITATION OF LIABILITY
1. The myBike Mobile Mechanic Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental or special damages arising out of or in any way related to these Terms or our Services (including the products purchased via our Services), even if myBike Mobile Mechanic or the other myBike Mobile Mechanic Parties have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
2. MYBIKE MOBILE MECHANIC AND MYBIKE MOBILE MECHANIC PARTIES DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE MYBIKE MOBILE MECHANIC PLATFORM.
THE MYBIKE MOBILE MECHANIC PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. WE ARE NOT RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE MYBIKE MOBILE MECHANIC FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING FROM OR IN ANY WAY RELATED TO ANY THIRD PARTY PROVIDER. WE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN YOU AND ANY THIRD PARTY PROVIDER. THE QUALITY OF THE SERVICES SCHEDULED OR REQUESTED THROUGH THE USE OF THE MYBIKE MOBILE MECHANIC PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE MYBIKE MOBILE MECHANIC PLATFORM, YOU MAY BE EXPOSED TO SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE MYBIKE MOBILE MECHANIC PLATFORM, AND THIRD PARTY PROVIDER, AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR THE MYBIKE MOBILE MECHANIC PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATING TO BICYCLE SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE MYBIKE MOBILE MECHANIC CERTIFIED DESIGNATION IS NOT A PROFESSIONAL LICENCE AND DOES NOT GUARANTEE QUALITY OR SKILL OF WORK.
3. The total liability of the myBike Mobile Mechanic Parties for any claim arising out of or relating to any product purchased via the Services will not exceed the purchase price of that product. For all other claims arising out of or relating to these Terms or our Services, the total liability of myBike Mobile Mechanic Parties is limited to $100.
4. The limitations set forth in this section will not limit or exclude liability for personal injury, property damage or theft relating to a product you purchased via the Services or the gross negligence, fraud, or intentional, willful, or reckless misconduct of the myBike Mobile Mechanic Parties or for any other matters in which liability cannot be excluded or limited under applicable law.
To the fullest extent permitted by applicable law, you release the myBike Mobile Mechanic Parties from responsibility, liability, claims, demands, or damages of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
DISPUTE RESOLUTION; BINDING ARBITRATION
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with myBike Mobile Mechanic and limits the manner in which you can seek relief from us.
1. You and myBike Mobile Mechanic waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. The arbitration will be held in the county in which you reside, provided that if the claim is for $25,000 or less, either you or myBike Mobile Mechanic may choose to conduct the arbitration through a telephonic hearing. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
2. You and myBike Mobile Mechanic agree that any dispute arising out of or related to these Terms or our Services is personal to you and myBike Mobile Mechanic and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
3. To the maximum extent permitted by applicable law, you and myBike Mobile Mechanic agree that these Terms affect interstate commerce and that the enforceability of this Section “Dispute Resolution; Binding Arbitration” will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"). As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and myBike Mobile Mechanic agree that for any arbitration you initiate, the party filing the claim will pay the filing fee and the parties will split the remaining JAMS fees and costs. You and myBike Mobile Mechanic agree that the state or federal courts of the State of California and the United States sitting in Riverside County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
4. Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and myBike Mobile Mechanic will not have the right to assert the claim.
5. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section “Dispute Resolution; Binding Arbitration” by emailing firstname.lastname@example.org. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section “Governing Law and Venue”.
6. This Section “Dispute Resolution; Binding Arbitration” will not apply to (i) small claims disputes in which you or myBike Mobile Mechanic may seek to bring an individual action in small claims court located in the county of your billing address or (ii) disputes in which you or myBike Mobile Mechanic seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property.
GOVERNING LAW AND VENUE
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Riverside County, California.
This section applies only if you are acting on or behalf of an agency of the U.S. government. If acquired by any agency of the U.S. government, such agency acknowledges that: (a) any software obtained in connection with the Services (such as our mobile apps) constitute “commercial computer software” or “commercial computer software documentation” for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable; and (b) such agency's rights are limited to those specifically granted under these Terms.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services or to discontinue all or a part of the Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
1. Termination by myBike Mobile Mechanic. We may terminate this Agreement or terminate or suspend your Account immediately at any time for any reason or for no reason upon notice to you. If we terminate or suspend your Account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to pursue any available legal action. When terminating your Account, we may delete the Account and any information in it. You have no ownership rights to your Account.
2. Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Services (provided that there are no outstanding Services ordered under your Account). If you attempt to terminate this Agreement while there are still outstanding Services ordered under your Account, this Agreement shall not terminate until such Services have been performed or otherwise canceled as permitted by this Agreement.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms and any applicable Additional Terms constitute the entire agreement between you and myBike Mobile Mechanic relating to your access to and use of our Services. The failure of myBike Mobile Mechanic to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
CHANGES TO TERMS
We may make changes to these Terms from time to time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or posting the amended Terms to our Services and updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
If you have any questions or concerns regarding the Services or these Terms, please contact myBike Mobile Mechanic at: myBike Mobile Mechanic, Attn: Legal Department, 1615 Eastridge Ave., Riverside, Ca 92507.