Consumer Purchase Terms and Conditions
Zumi Bike (Neo Rides LLC)
Last updated January 1, 2025
These Consumer Purchase Terms and Conditions (the "Terms") constitute a legal agreement between you ("You" or "Customer") and Neo Rides LLC doing business as Zumi Bike ("Zumi Bike", "us" or "we"). These Terms apply to all consumer purchases of any model of Zumi Bike's electric bikes ("ebike(s)") and/or related accessories or other products offered by Zumi Bike (collectively with ebikes, the "Products") in the United States only. For purchases in Canada and the European Union, please visit their respective websites where applicable Terms and Conditions apply. You represent and warrant that you are at least 16 years of age or the age of legal majority in your jurisdiction (the "Minimum Age"), whichever is higher. If you are under the Minimum Age, you are not eligible to make a purchase with Zumi Bike. By purchasing any Products from Zumi Bike, whether online or at our showroom, or by using the Products, you acknowledge and agree to these Terms in their entirety. Please review these Terms carefully as they outline your obligations and rights, including the requirement that all disputes under these Terms must be resolved through arbitration rather than by jury trial or class action, and that you waive certain rights relating to specific claims or relief.
1. Application
These Terms apply to your purchase of the Products and use of the ebikes. Other interactions that you have with Zumi Bike are subject to other agreements, including the:
- Limited Warranty Terms
- Terms of Use
- Privacy Policy
- Owner's Manual
A copy of these Terms and all other documents which apply to your purchase of Products are available for your review on our website.
2. Ebike Online Or In-Store Orders
When you purchase an ebike (i) by ordering online, (ii) in a Zumi Bike retail store (as opposed to a direct purchase in store of in-stock item), or (iii) through Zumi Bike accredited dealers, your order is considered an offer to buy. Zumi Bike will send you an email confirming receipt of your order. Zumi Bike has accepted your order upon shipment of the ebike. We reserve the right at any time, even after sending you a confirmation email, to decline or cancel your order or to limit order quantities for any reason, including errors or suspected fraud.
a. Orders Placed Via Affirm. Orders placed using Affirm as a payment method via www.zumibike.com must be shipped and cannot be picked up in store. If you would like to pick up a bike from our Austin store and purchase using financing, you may do so at time of purchase at our shop at the following address: 1114 W 5th Street, STE 102, Austin TX 78703.
b. From time to time, in its sole discretion, Zumi Bike may promote special offers, codes or referral programs for certain sales or product launches. Special offers, codes, and referral programs may not be combined and Zumi Bike reserves the right to end or pause all such offers, codes, or programs at any time.
3. Refer A Friend Program Terms/Limitations
To qualify for a Referral Reward, the referred person must (i) be a new customer, (ii) provide the name of the referring individual at time of purchase, (iii) make a purchase on www.zumibike.com in an amount greater than the minimum amount specified in the referral offer, and (iv) not use any other active promotion or discount on their purchase. Referring customers will receive a Referral Reward after the referral is confirmed and the referral credit is approved by a customer service member. Customers are limited to referring two (2) people per household. Referring customers may only earn one (1) referral credit per referred person. In the event a referred person returns a purchased Product and their lifetime order value decreases below the minimum purchase amount, the referral credit awarded to the referring customer will be rescinded. Customers may not refer anyone who has an existing www.zumibike.com account under an alternate email address. Any abuse of this offer, as determined by us in our sole discretion, may result in the rescission of (i) the referring customer's referral credit, (ii) the referred person's promo code; and (iii) both parties' ability to participate in this or future promotions. Referral credit cannot be applied to previous purchases and is not redeemable for cash. This referral program is subject to modification or termination at any time without notice in our sole discretion.
4. Product Photos Disclaimer
Photos shown on our website and in our materials are representative of our bikes. While we strive for accuracy, slight variations may exist between images and the final product as we continuously improve our designs and componentry. Colors may appear differently depending on your display settings. Some accessories shown in photos may be sold separately. Please refer to the product specifications for the exact components included with your purchase.
5. Shipping
For orders in the contiguous United States, orders under $150 qualify for a flat rate $10 shipping charge. (All qualifying sums are pre-tax.) Select orders of $150 or more may qualify for free shipping. Palletized freight orders are subject to additional fees.
Alaska and Hawaii shipping costs: Zumi Bike now ships to select zip codes in these two states, subject to additional shipping charges. We do not ship to all zip codes in these states. For the shipping-eligible zip codes in Alaska and Hawaii, bike orders are charged $149 per bike. Accessories and parts ordered with a bike will ship for free except for vehicle racks and batteries. Accessories and non-warranty parts purchased separately from a bike are charged a shipping fee of $29 for orders under $150. Accessory & part orders over $150 ship for free, except for the oversized shipping charge for vehicle racks. Products excluded from the flat rate shipping and free shipping are: Batteries ($49 shipping charge per item) and Hollywood Racks ($30 shipping charge per item).
We do not ship to Puerto Rico, other US Territories, PO boxes or APO/FPO addresses.
a. A shipping confirmation email will be sent to the email address provided for the order once the order has shipped.
b. We will use FedEx or other parcel service to ship your order. We DO NOT ship to PO BOXES or APO.
c. Orders containing discounted merchandise may take an additional forty-eight (48) hours to process.
d. Online purchases made on our website at www.zumibike.com cannot be modified or cancelled once an order is placed. This cancellation policy applies to online purchases for ebikes and accessories. In-store purchase orders cannot be modified or cancelled once the order is shipped, including but not limited to changing the address, putting an order on hold, or updating shipping settings/preferences.
e. 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.
f. You will be responsible for paying for your own shipping costs for returning your item. 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. For more information regarding our limited warranty and claims process, please review our Limited Warranty Terms, which are incorporated into by reference and form a part of these Terms.
g. For any third-party shipping outside of Zumi Bike's normal shipping process, Zumi Bike cannot provide ANY additional shipping information or documentation.
h. Orders placed through our online store (www.zumibike.com) with the shipping address of a Zumi Bike retail location will be canceled. To purchase Products in-store, please locate a Zumi Bike retail showroom or accredited dealer near you.
6. Orders Availing Professional Assembly Services
a. If you are in certain geographic areas and it is made available, you may have the option of choosing to benefit from Zumi Bike's Professional Assembly Services. Under the Professional Assembly Services, your ebike will be pre-assembled, including any purchased accessories, for your immediate use, by an accredited bike shop near your location. You will be picking up the bike from the bike shop instead of it being delivered directly to your shipping address. The Zumi Bike representative will also provide a tutorial demonstrating how to use and benefit from the features of your new ebike, including its operation and battery charging recommendations.
b. The Professional Assembly Services is subject to an additional fee, which Zumi Bike may change at any time in its discretion. You will be given the opportunity to choose the Professional Assembly Services at checkout and the applicable fee will be communicated to you prior to your payment.
c. You will be responsible for scheduling a date and time for the Zumi Bike representative to deliver and assemble your ebike. If you are not at the specified address to receive your ebike at that date and time, we will contact you directly to schedule a new date and time. If you fail to be at the specified address a second time, you will be charged a $100 no-show fee.
d. All other terms and conditions contained herein will apply to your ebike purchase. Your warranty will begin once your ebike arrives with the Zumi Bike representative.
7. Ownership
a. Title to all Products ordered by you and risk of loss to such Products will transfer to you at the time Zumi Bike delivers such Products to the applicable shipping carrier.
b. Notwithstanding the foregoing, 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.
8. Return Policy
a. In order to undertake a valid return and receive a refund, you must start the return process by initiating a return on the "Start a Return" page or by contacting Zumi Bike at care@zumibike.com. No refund will be issued for any merchandise sent back to Zumi Bike that does not follow the above return process.
b. Order Cancellations: Online purchases made on our website at www.zumibike.com cannot be modified or cancelled once an order is placed. This cancellation policy applies to online purchases for ebikes and accessories. Preorders ship based on the estimated time listed on the product page. In-stock orders typically ship within 2 business days of payment confirmation.
c. Return to Sender / Refused Shipment: If an order is returned to the sender (Zumi Bike) or you refuse to accept delivery of the shipment, you will be responsible for paying return shipping fees on the merchandise. See applicable Return Shipping fee Schedule in subsection (h).
d. Non-Returnable Merchandise: Zumi Bike will not accept returns of some after-market parts and accessories which may also be available to purchase on our website. Any spare or replacement parts purchased are not refundable or returnable to Zumi Bike. It is your responsibility to ensure order accuracy of spare or replacement parts (including but not limited to spare batteries, gift cards, and built & delivered or pro-built fees).
e. Returns of New Bike: A customer may return any new bike to Zumi Bike within 14 days of receipt of the bike. The bike must be in new condition and in original packaging. Customers will be responsible for paying the $149 return shipping fees on the returned bike. See below subsection (h) for Return Shipping Fee Schedule. The return shipping fee will be deducted from your refund amount.
f. Refunds: i. Any item returned with an order that used a discount code will have the entire discount code value subtracted from the refund value, whether you return one ebike or multiple ebikes. ii. Refunds will be made after the Ebike is received and inspected.
g. Process: Please ship all approved returns using the shipping label provided during the return merchandise authorization process.
h. Return Shipping Fee Schedule: For new bike returns, a $149 shipping fee applies as mentioned in subsection (e).
9. Ebike Performance
Please note that information on Zumi Bike's Site or other manuals or documents regarding the expected range on a single charge on one of our ebikes is an estimate, not a guarantee. There are many factors that contribute to actual, real-world range for an ebike battery such as age of the battery, temperature, level of assist, speed, payload, and terrain. Given the right conditions, it is possible to get less than the expected minimum range or greater than the expected maximum range. Zumi Bike reserves the right to use substitute parts, material, or equipment of equivalent quality and value that meet Zumi Bike's strict standards.
Any alterations, modifications, or other changes made by you to an ebike following your purchase which may affect the safety, operation, or mechanics of the ebike may void the Limited Warranty and shall be at your sole risk of harm. Zumi Bike shall not be liable for any alterations or modifications you make to Zumi Bike's products.
10. Ebike Safety and Waiver of Liability
Please read carefully before proceeding with your purchase. In the event you fail to comply with these terms, you assume full responsibility for any personal injury or property damage resulting from your use of the ebike and expressly waive to the fullest extent of the law, any claims related to the ebike relating to personal injury or property damage.
a. Zumi Bike'S EBIKES ARE NOT TO BE OPERATED BY ANYONE UNDER THE AGE OF 16. Children under the age of 16 may lack the necessary judgement and skill to safely operate the ebike, potentially resulting in damage to the ebike, damage to other property, serious injury, and/or death. You assume the responsibility to ensure the age of the operator is at least 16 years old and comply with your local laws and regulations regarding operator age and other qualifications.
b. IN THE EVENT A MINOR OPERATES THE EBIKE, THE MINOR AND THEIR PARENT/GUARDIAN ASSUME FULL RESPONSIBILITY FOR ANY ACTIONS THE MINOR MAY TAKE AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WAIVE ANY CLAIMS RELATED TO SUCH ACTIVITY, INCLUDING BUT NOT LIMITED TO CLAIMS ASSERTING PERSONAL INJURY OR PROPERTY DAMAGE. Please see subsection 10(h) below regarding waiver of claims subject to this Section 10.
c. Riding any bike, ebike, etrike, or similar vehicle without a helmet puts you at very high risk of serious head injury or death. Always wear a properly fitted helmet that covers the forehead (this applies to rides of any distance). Many locations require specific safety devices. You assume full responsibility to familiarize yourself and ensure the operator and any passengers adhere applicable helmet and safety laws or regulation where you ride.
d. Any bike, ebike, etrike, or similar vehicle is subject to wear and tear, and certain components and fasteners can stretch or loosen with the vibrations and stress of normal operation. You must check your ebike/etrike before each ride and according to the other checklist contained in your ebike/etrike's owner's manual. Failure to do so could result in property damage, serious injury, or death. You assume full responsibility to perform a pre-ride safety check on the ebike/etrike before each ride.
e. Riding any bike, ebike, etrike, or similar vehicle involve certain risks, including but not limited to the risk of serious injury or death. You assume full responsibility for the risks involved in your use of the ebike, etrike, or related merchandise and related activities.
f. Incorrect assembly, maintenance, or use of your ebike/etrike can cause component or performance failure, loss of control. Serious injury, or death. You must read and understand the entire owner's manual that came with your ebike/etrike and any documentation provided for subcomponents or accessories before riding. Unless your ebike/etrike was assembled by Zumi Bike's retail or service team, you assume full responsibility for the proper maintenance and the proper assembly and/or reassembly of your ebike/etrike.
g. Using a damaged battery or charger can damage additional components or create a fire hazard. Stop using your battery and charger and contact Zumi Bike if any of the following occur: (1) your charger's flexible power cord or output cable or any of the electrical cables on your ebike/etrike is frayed, has broken insulation, or any other signs of damage, (2) your battery or charger is physically damaged, non-functional, or performing abnormally, (3) your battery or charger experienced a significant impact from a fall, crash, or shipping damage, with or without obvious sighs of damage, (4) your battery was submerged in liquid or had extensive water exposure or damage, or (5) your charger becomes too hot to touch (it's designed to get warm with normal use), make an unusual smell, makes a popping sound, or shows other structures and, as soon as possible, recycle or otherwise dispose of it according to local rules.
h. To the fullest extent permitted by law, you agree to RELEASE AND HOLD HARMLESS Zumi Bike from all liabilities, causes or actions, claims, and demands that arise in any way from any injury, death, loss, or harm that you sustain or that any other person or any property sustained as a result of your use of the ebike/etrike. This RELEASE includes but is not limited to claims based on negligence, defects in the design, manufacture, maintenance, assembly or inspection of the ebike/etrike.
11. Pre-Orders and Backorders and Pre-Order/Backorder Cancellations
Our backorder process is for ebikes that have already been available but are temporarily out of stock. For all pre-orders and backorders, your credit/debit card will be charged immediately. There will be no delay in payment collection, regardless of when the item is expected to ship. Any cancellation of a pre-order or back-order prior is subject to our cancellation policy under Section 8(b) above.
12. Payments
Our website is powered by Shopify and all payments made by you to Zumi Bike are processed through Shopify's payment portal. Payments may be declined or returned to you, in Zumi Bike's sole discretion, for any reason or no reason at all. If we accept a pre-order of any Product, your account, credit card, or other payment mechanism will be charged upon approval by Zumi Bike, regardless of when your purchase is expected to ship. If any credit card chargeback of any amount is issued on an order, the Limited Warranty for that order will be paused until the chargeback has been resolved.
a. Tax. All applicable taxes (including sales tax) will be collected on all orders where such taxes are required to be collected.
b. Financing. For qualified purchasers, ebikes may be financed through Zumi Bike's 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 consumer 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 Zumi Bike is no way responsible for any such financing.
13. Liability
WE ARE ONLY LIABLE TO YOU FOR LOSSES WHICH YOU SUFFER AS A DIRECT RESULT OF OUR BREACH OF THESE TERMS AND WHICH ARE REASONABLY FORESEEABLE AND SUBJECT TO THE LIMITATIONS IN THESE TERMS AND Zumi Bike'S POLICIES AS SET FORTH ON THIS SITE. OUR LIABILITY FOR ANY LOSS OR INJURY SHALL, TO THE FULLEST EXTENT OF THE LAW, BE LIMITED TO PURCHASE THE AMOUNT OF OUR PRODUCTS GIVING RISE TO SUCH LOSSES OR INJURIES. WE ARE NOT LIABLE FOR ANY OTHER LOSSES OR INJURIES -- ALL OF WHICH SHALL BE MITIGATED BY ANY LOSS OR INJURY ARISING FROM YOUR ACTS OR OMISSIONS. THESE TERMS DO NOT EXCLUDE OR LIMIT OUR LIABILITY (IF ANY) FOR: (i) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE; (ii) FRAUD; (iii) FRAUDULENT MISREPRESENTATION; OR (iv) ANY MATTER WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE OR ATTEMPT TO EXCLUDE OUR LIABILITY. YOU MAY HAVE OTHER RIGHTS GRANTED BY LAW AND THESE TERMS DO NOT AFFECT SUCH RIGHTS.
We recommend contacting your insurance provider to determine if your current insurance policy would cover you in the event of an accident. Please carefully review the waiver of subrogation requirement in Section 17 which is a material provision of these Terms. Please review our Safety Video prior to riding.
14. Disclaimer of Implied Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED BY Zumi Bike, INCLUDING BUT NOT LIMITED TO THE EBIKES, ARE WARRANTED ONLY TO THE EXTENT EXPRESSLY STATED IN THE APPLICABLE PRODUCT WARRANTY PROVIDED WITH YOUR PRODUCT. OTHERWISE, THE PRODUCTS ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. Zumi Bike AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, Zumi Bike, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY: (A) THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (C) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED.
15. Disclaimer of Certain Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Zumi Bike OR ANY OF ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OR THE PRODUCTS, EVEN IF Zumi Bike, ITS AFFILIATES OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. Acknowledgement and Indemnification
You acknowledge that there are inherent anticipated and unanticipated risks and dangers involved with the use of our Products, including the ebikes, whether intended or as a result of misuse. You understand that such risks can result in injury, death, illness or disease, physical or mental damage to yourself, your property, other third parties and their property, or to the property of Zumi Bike. You agree to release, waive, defend, indemnify, and hold Zumi Bike and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will keep them indemnified from any claim or demand, including reasonable attorneys' fees, relating to or arising from: (a) your purchase or use of any Products; (b) any violation by you of these Terms; or (c) your violation of another party's rights or applicable law. Zumi Bike reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Zumi Bike in asserting any available defenses.
17. Waiver of Subrogation
BY AGREEING TO THESE TERMS, YOU SHALL MAINTAIN YOUR OWN INSURANCE COVERAGE AS YOU DESIRE TO PROTECT YOU AND OTHERS FROM ANY LOSSES EXCEEDING THE LIMITS OF LIABILITY IDENTIFIED IN SECTION 13 OF THESE TERMS. YOU EXPRESSLY AGREE TO WAIVE AND SHALL CAUSE ANY APPLICABLE INSURANCE COMPANY UNDER WHICH YOU ARE AN INSURED OR ADDITIONAL INSURED TO WAIVE ANY RIGHT OF SUBROGATION THAT ANY SUCH INSURANCE CARRIER MAY HAVE AGAINST Zumi Bike AND/OR THE Zumi Bike RELEASEES. YOU WILL ENSURE THAT YOUR APPLICABLE INSURANCE POLICIES CONTAINS A PROVISION OR ENDORSEMENT WAIVING ANY AND ALL SUBROGATION RIGHTS AGAINST Zumi Bike. YOU WILL LOOK SOLELY TO THE PROCEEDS OF SUCH INSURANCE FOR ANY LOSS, LIABILITY, DAMAGE OR CLAIM ABOVE THE LIMITS OF Zumi Bike'S LIABILITY TO WHICH YOU AGREE IN THIS SECTION 17.
The foregoing provision means that any insurance company that provides coverage to you or your real or personal property shall be precluded from seeking reimbursement from Zumi Bike or the Zumi Bike Releasees for any loss after such insurance company compensates you.
18. Dispute Resolution and Binding Arbitration
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AMERICAN ARBITRATION ASSOCIATION'S COMPREHENSIVE ARBITRATION RULES. YOU AND Zumi Bike AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND Zumi Bike WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
a. This arbitration requirement applies to any claim or dispute of any kind (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, common law, or equitable) between you and Zumi Bike, its affiliates, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase that relates in any way to your purchase of the Products, these Terms, or Zumi Bike's marketing or advertising ("Claims").
b. You still have the right to bring individual Claims in small claims court, to the extent that you qualify.
c. Zumi Bike will pay the arbitration/arbitrator fees.
d. Arbitration shall be administered by the American Arbitration Association (AAA), subject to its Consumer Arbitration Rules, available at (800) 778-7879 and www.adr.org
e. Discovery shall be permitted in arbitration subject to AAA Consumer Arbitration Rules.
f. The arbitrator shall have exclusive authority to resolve any arbitrability issues including any dispute over these Terms or this arbitration provision's scope, application, meaning, and enforceability. The arbitrator shall be empowered to grant whatever relief would be available in court. Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
g. Claims may not be arbitrated on a class or representative basis. You and Zumi Bike agree to arbitration only on an individual basis. Neither you nor Zumi Bike may join or consolidate claims of others or participate in any claim as a class representative or a class member. If any portion of this arbitration agreement is found unenforceable, the unenforceable portion shall be severed, and the remaining arbitration terms shall be enforced (but in no event will there be a class arbitration). This paragraph controls over any inconsistent term in any other agreement.
h. You and Zumi Bike agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
i. This arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
19. Notice and Updates
Zumi Bike will provide all notices (including legal process) that Zumi Bike is required to give by any lawful method, including by making notice available through the Site or by sending it to any e-mail or mailing address that you provide to Zumi Bike. You acknowledge that if you do not provide Zumi Bike with current and accurate contact information, Zumi Bike may not be able to contact you. You agree to send Zumi Bike notice by mailing it to:
Zumi Bike (Neo Rides LLC)
Legal Department
1114 W 5th Street STE 102
Austin TX 78703
20. Governing Law
These Terms and any disputes between you and Zumi Bike will be governed by the laws of the State of Texas, without regard to conflicts of laws.
21. General
Section titles are only for convenience and have no legal or contractual significance. Any list of examples following "including" or "e.g.," is illustrative and not exhaustive, unless qualified by terms like "only" or "solely." Zumi Bike's failure to act with respect to a breach by you or others does not waive its rights to act with respect to subsequent or similar breaches. A waiver will only be binding on Zumi Bike if it is in a written document signed by Zumi Bike. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect. You and Zumi Bike intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Zumi Bike agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Zumi Bike may assign its rights and delegate its obligations under these Terms, in whole or in part, at any time with or without notice to you, and these Terms will be binding upon and inure to the benefit of Zumi Bike's successors and assigns. Zumi Bike shall have the right to assign these Terms, at its sole discretion, without notice to you. You may not assign, transfer or sublicense your rights (if any). These Terms (including any incorporated terms) and any Additional Terms constitute the entire agreement between you and Zumi Bike with respect to the Site. Both you and Zumi Bike warrant to each other that, in entering this agreement, neither Zumi Bike nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms (including any incorporated terms) and any Additional Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Zumi Bike, or Zumi Bike's successors and assigns, will have any right to enforce these Terms.
22. How To Contact Zumi Bike
If you have any questions or comments regarding these Terms, you may contact Zumi Bike by any of the methods available on our website at www.zumibike.com or by mail at the following address:
Zumi Bike (Neo Rides LLC)
1114 W 5th Street, STE 102
Austin TX 78703
ATTN: Legal Department
care@zumibike.com.
Consumer Purchase Terms and Conditions
Zumi Bike (Neo Rides LLC)
Last updated January 1, 2025
These Consumer Purchase Terms and Conditions (the "Terms") constitute a legal agreement between you ("You" or "Customer") and Neo Rides LLC doing business as Zumi Bike ("Zumi Bike", "us" or "we"). These Terms apply to all consumer purchases of any model of Zumi Bike's electric bikes ("ebike(s)") and/or related accessories or other products offered by Zumi Bike (collectively with ebikes, the "Products") in the United States only. For purchases in Canada and the European Union, please visit their respective websites where applicable Terms and Conditions apply. You represent and warrant that you are at least 16 years of age or the age of legal majority in your jurisdiction (the "Minimum Age"), whichever is higher. If you are under the Minimum Age, you are not eligible to make a purchase with Zumi Bike. By purchasing any Products from Zumi Bike, whether online or at our showroom, or by using the Products, you acknowledge and agree to these Terms in their entirety. Please review these Terms carefully as they outline your obligations and rights, including the requirement that all disputes under these Terms must be resolved through arbitration rather than by jury trial or class action, and that you waive certain rights relating to specific claims or relief.
1. Application
These Terms apply to your purchase of the Products and use of the ebikes. Other interactions that you have with Zumi Bike are subject to other agreements, including the:
- Limited Warranty Terms
- Terms of Use
- Privacy Policy
- Owner's Manual
A copy of these Terms and all other documents which apply to your purchase of Products are available for your review on our website.
2. Ebike Online Or In-Store Orders
When you purchase an ebike (i) by ordering online, (ii) in a Zumi Bike retail store (as opposed to a direct purchase in store of in-stock item), or (iii) through Zumi Bike accredited dealers, your order is considered an offer to buy. Zumi Bike will send you an email confirming receipt of your order. Zumi Bike has accepted your order upon shipment of the ebike. We reserve the right at any time, even after sending you a confirmation email, to decline or cancel your order or to limit order quantities for any reason, including errors or suspected fraud.
a. Orders Placed Via Affirm. Orders placed using Affirm as a payment method via www.zumibike.com must be shipped and cannot be picked up in store. If you would like to pick up a bike from our Austin store and purchase using financing, you may do so at time of purchase at our shop at the following address: 1114 W 5th Street, STE 102, Austin TX 78703.
b. From time to time, in its sole discretion, Zumi Bike may promote special offers, codes or referral programs for certain sales or product launches. Special offers, codes, and referral programs may not be combined and Zumi Bike reserves the right to end or pause all such offers, codes, or programs at any time.
3. Refer A Friend Program Terms/Limitations
To qualify for a Referral Reward, the referred person must (i) be a new customer, (ii) provide the name of the referring individual at time of purchase, (iii) make a purchase on www.zumibike.com in an amount greater than the minimum amount specified in the referral offer, and (iv) not use any other active promotion or discount on their purchase. Referring customers will receive a Referral Reward after the referral is confirmed and the referral credit is approved by a customer service member. Customers are limited to referring two (2) people per household. Referring customers may only earn one (1) referral credit per referred person. In the event a referred person returns a purchased Product and their lifetime order value decreases below the minimum purchase amount, the referral credit awarded to the referring customer will be rescinded. Customers may not refer anyone who has an existing www.zumibike.com account under an alternate email address. Any abuse of this offer, as determined by us in our sole discretion, may result in the rescission of (i) the referring customer's referral credit, (ii) the referred person's promo code; and (iii) both parties' ability to participate in this or future promotions. Referral credit cannot be applied to previous purchases and is not redeemable for cash. This referral program is subject to modification or termination at any time without notice in our sole discretion.
4. Product Photos Disclaimer
Photos shown on our website and in our materials are representative of our bikes. While we strive for accuracy, slight variations may exist between images and the final product as we continuously improve our designs and componentry. Colors may appear differently depending on your display settings. Some accessories shown in photos may be sold separately. Please refer to the product specifications for the exact components included with your purchase.
5. Shipping
For orders in the contiguous United States, orders under $150 qualify for a flat rate $10 shipping charge. (All qualifying sums are pre-tax.) Select orders of $150 or more may qualify for free shipping. Palletized freight orders are subject to additional fees.
Alaska and Hawaii shipping costs: Zumi Bike now ships to select zip codes in these two states, subject to additional shipping charges. We do not ship to all zip codes in these states. For the shipping-eligible zip codes in Alaska and Hawaii, bike orders are charged $149 per bike. Accessories and parts ordered with a bike will ship for free except for vehicle racks and batteries. Accessories and non-warranty parts purchased separately from a bike are charged a shipping fee of $29 for orders under $150. Accessory & part orders over $150 ship for free, except for the oversized shipping charge for vehicle racks. Products excluded from the flat rate shipping and free shipping are: Batteries ($49 shipping charge per item) and Hollywood Racks ($30 shipping charge per item).
We do not ship to Puerto Rico, other US Territories, PO boxes or APO/FPO addresses.
a. A shipping confirmation email will be sent to the email address provided for the order once the order has shipped.
b. We will use FedEx or other parcel service to ship your order. We DO NOT ship to PO BOXES or APO.
c. Orders containing discounted merchandise may take an additional forty-eight (48) hours to process.
d. Online purchases made on our website at www.zumibike.com cannot be modified or cancelled once an order is placed. This cancellation policy applies to online purchases for ebikes and accessories. In-store purchase orders cannot be modified or cancelled once the order is shipped, including but not limited to changing the address, putting an order on hold, or updating shipping settings/preferences.
e. 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.
f. You will be responsible for paying for your own shipping costs for returning your item. 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. For more information regarding our limited warranty and claims process, please review our Limited Warranty Terms, which are incorporated into by reference and form a part of these Terms.
g. For any third-party shipping outside of Zumi Bike's normal shipping process, Zumi Bike cannot provide ANY additional shipping information or documentation.
h. Orders placed through our online store (www.zumibike.com) with the shipping address of a Zumi Bike retail location will be canceled. To purchase Products in-store, please locate a Zumi Bike retail showroom or accredited dealer near you.
6. Orders Availing Professional Assembly Services
a. If you are in certain geographic areas and it is made available, you may have the option of choosing to benefit from Zumi Bike's Professional Assembly Services. Under the Professional Assembly Services, your ebike will be pre-assembled, including any purchased accessories, for your immediate use, by an accredited bike shop near your location. You will be picking up the bike from the bike shop instead of it being delivered directly to your shipping address. The Zumi Bike representative will also provide a tutorial demonstrating how to use and benefit from the features of your new ebike, including its operation and battery charging recommendations.
b. The Professional Assembly Services is subject to an additional fee, which Zumi Bike may change at any time in its discretion. You will be given the opportunity to choose the Professional Assembly Services at checkout and the applicable fee will be communicated to you prior to your payment.
c. You will be responsible for scheduling a date and time for the Zumi Bike representative to deliver and assemble your ebike. If you are not at the specified address to receive your ebike at that date and time, we will contact you directly to schedule a new date and time. If you fail to be at the specified address a second time, you will be charged a $100 no-show fee.
d. All other terms and conditions contained herein will apply to your ebike purchase. Your warranty will begin once your ebike arrives with the Zumi Bike representative.
7. Ownership
a. Title to all Products ordered by you and risk of loss to such Products will transfer to you at the time Zumi Bike delivers such Products to the applicable shipping carrier.
b. Notwithstanding the foregoing, 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.
8. Return Policy
a. In order to undertake a valid return and receive a refund, you must start the return process by initiating a return on the "Start a Return" page or by contacting Zumi Bike at care@zumibike.com. No refund will be issued for any merchandise sent back to Zumi Bike that does not follow the above return process.
b. Order Cancellations: Online purchases made on our website at www.zumibike.com cannot be modified or cancelled once an order is placed. This cancellation policy applies to online purchases for ebikes and accessories. Preorders ship based on the estimated time listed on the product page. In-stock orders typically ship within 2 business days of payment confirmation.
c. Return to Sender / Refused Shipment: If an order is returned to the sender (Zumi Bike) or you refuse to accept delivery of the shipment, you will be responsible for paying return shipping fees on the merchandise. See applicable Return Shipping fee Schedule in subsection (h).
d. Non-Returnable Merchandise: Zumi Bike will not accept returns of some after-market parts and accessories which may also be available to purchase on our website. Any spare or replacement parts purchased are not refundable or returnable to Zumi Bike. It is your responsibility to ensure order accuracy of spare or replacement parts (including but not limited to spare batteries, gift cards, and built & delivered or pro-built fees).
e. Returns of New Bike: A customer may return any new bike to Zumi Bike within 14 days of receipt of the bike. The bike must be in new condition and in original packaging. Customers will be responsible for paying the $149 return shipping fees on the returned bike. See below subsection (h) for Return Shipping Fee Schedule. The return shipping fee will be deducted from your refund amount.
f. Refunds: i. Any item returned with an order that used a discount code will have the entire discount code value subtracted from the refund value, whether you return one ebike or multiple ebikes. ii. Refunds will be made after the Ebike is received and inspected.
g. Process: Please ship all approved returns using the shipping label provided during the return merchandise authorization process.
h. Return Shipping Fee Schedule: For new bike returns, a $149 shipping fee applies as mentioned in subsection (e).
9. Ebike Performance
Please note that information on Zumi Bike's Site or other manuals or documents regarding the expected range on a single charge on one of our ebikes is an estimate, not a guarantee. There are many factors that contribute to actual, real-world range for an ebike battery such as age of the battery, temperature, level of assist, speed, payload, and terrain. Given the right conditions, it is possible to get less than the expected minimum range or greater than the expected maximum range. Zumi Bike reserves the right to use substitute parts, material, or equipment of equivalent quality and value that meet Zumi Bike's strict standards.
Any alterations, modifications, or other changes made by you to an ebike following your purchase which may affect the safety, operation, or mechanics of the ebike may void the Limited Warranty and shall be at your sole risk of harm. Zumi Bike shall not be liable for any alterations or modifications you make to Zumi Bike's products.
10. Ebike Safety and Waiver of Liability
Please read carefully before proceeding with your purchase. In the event you fail to comply with these terms, you assume full responsibility for any personal injury or property damage resulting from your use of the ebike and expressly waive to the fullest extent of the law, any claims related to the ebike relating to personal injury or property damage.
a. Zumi Bike'S EBIKES ARE NOT TO BE OPERATED BY ANYONE UNDER THE AGE OF 16. Children under the age of 16 may lack the necessary judgement and skill to safely operate the ebike, potentially resulting in damage to the ebike, damage to other property, serious injury, and/or death. You assume the responsibility to ensure the age of the operator is at least 16 years old and comply with your local laws and regulations regarding operator age and other qualifications.
b. IN THE EVENT A MINOR OPERATES THE EBIKE, THE MINOR AND THEIR PARENT/GUARDIAN ASSUME FULL RESPONSIBILITY FOR ANY ACTIONS THE MINOR MAY TAKE AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WAIVE ANY CLAIMS RELATED TO SUCH ACTIVITY, INCLUDING BUT NOT LIMITED TO CLAIMS ASSERTING PERSONAL INJURY OR PROPERTY DAMAGE. Please see subsection 10(h) below regarding waiver of claims subject to this Section 10.
c. Riding any bike, ebike, etrike, or similar vehicle without a helmet puts you at very high risk of serious head injury or death. Always wear a properly fitted helmet that covers the forehead (this applies to rides of any distance). Many locations require specific safety devices. You assume full responsibility to familiarize yourself and ensure the operator and any passengers adhere applicable helmet and safety laws or regulation where you ride.
d. Any bike, ebike, etrike, or similar vehicle is subject to wear and tear, and certain components and fasteners can stretch or loosen with the vibrations and stress of normal operation. You must check your ebike/etrike before each ride and according to the other checklist contained in your ebike/etrike's owner's manual. Failure to do so could result in property damage, serious injury, or death. You assume full responsibility to perform a pre-ride safety check on the ebike/etrike before each ride.
e. Riding any bike, ebike, etrike, or similar vehicle involve certain risks, including but not limited to the risk of serious injury or death. You assume full responsibility for the risks involved in your use of the ebike, etrike, or related merchandise and related activities.
f. Incorrect assembly, maintenance, or use of your ebike/etrike can cause component or performance failure, loss of control. Serious injury, or death. You must read and understand the entire owner's manual that came with your ebike/etrike and any documentation provided for subcomponents or accessories before riding. Unless your ebike/etrike was assembled by Zumi Bike's retail or service team, you assume full responsibility for the proper maintenance and the proper assembly and/or reassembly of your ebike/etrike.
g. Using a damaged battery or charger can damage additional components or create a fire hazard. Stop using your battery and charger and contact Zumi Bike if any of the following occur: (1) your charger's flexible power cord or output cable or any of the electrical cables on your ebike/etrike is frayed, has broken insulation, or any other signs of damage, (2) your battery or charger is physically damaged, non-functional, or performing abnormally, (3) your battery or charger experienced a significant impact from a fall, crash, or shipping damage, with or without obvious sighs of damage, (4) your battery was submerged in liquid or had extensive water exposure or damage, or (5) your charger becomes too hot to touch (it's designed to get warm with normal use), make an unusual smell, makes a popping sound, or shows other structures and, as soon as possible, recycle or otherwise dispose of it according to local rules.
h. To the fullest extent permitted by law, you agree to RELEASE AND HOLD HARMLESS Zumi Bike from all liabilities, causes or actions, claims, and demands that arise in any way from any injury, death, loss, or harm that you sustain or that any other person or any property sustained as a result of your use of the ebike/etrike. This RELEASE includes but is not limited to claims based on negligence, defects in the design, manufacture, maintenance, assembly or inspection of the ebike/etrike.
11. Pre-Orders and Backorders and Pre-Order/Backorder Cancellations
Our backorder process is for ebikes that have already been available but are temporarily out of stock. For all pre-orders and backorders, your credit/debit card will be charged immediately. There will be no delay in payment collection, regardless of when the item is expected to ship. Any cancellation of a pre-order or back-order prior is subject to our cancellation policy under Section 8(b) above.
12. Payments
Our website is powered by Shopify and all payments made by you to Zumi Bike are processed through Shopify's payment portal. Payments may be declined or returned to you, in Zumi Bike's sole discretion, for any reason or no reason at all. If we accept a pre-order of any Product, your account, credit card, or other payment mechanism will be charged upon approval by Zumi Bike, regardless of when your purchase is expected to ship. If any credit card chargeback of any amount is issued on an order, the Limited Warranty for that order will be paused until the chargeback has been resolved.
a. Tax. All applicable taxes (including sales tax) will be collected on all orders where such taxes are required to be collected.
b. Financing. For qualified purchasers, ebikes may be financed through Zumi Bike's 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 consumer 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 Zumi Bike is no way responsible for any such financing.
13. Liability
WE ARE ONLY LIABLE TO YOU FOR LOSSES WHICH YOU SUFFER AS A DIRECT RESULT OF OUR BREACH OF THESE TERMS AND WHICH ARE REASONABLY FORESEEABLE AND SUBJECT TO THE LIMITATIONS IN THESE TERMS AND Zumi Bike'S POLICIES AS SET FORTH ON THIS SITE. OUR LIABILITY FOR ANY LOSS OR INJURY SHALL, TO THE FULLEST EXTENT OF THE LAW, BE LIMITED TO PURCHASE THE AMOUNT OF OUR PRODUCTS GIVING RISE TO SUCH LOSSES OR INJURIES. WE ARE NOT LIABLE FOR ANY OTHER LOSSES OR INJURIES -- ALL OF WHICH SHALL BE MITIGATED BY ANY LOSS OR INJURY ARISING FROM YOUR ACTS OR OMISSIONS. THESE TERMS DO NOT EXCLUDE OR LIMIT OUR LIABILITY (IF ANY) FOR: (i) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE; (ii) FRAUD; (iii) FRAUDULENT MISREPRESENTATION; OR (iv) ANY MATTER WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE OR ATTEMPT TO EXCLUDE OUR LIABILITY. YOU MAY HAVE OTHER RIGHTS GRANTED BY LAW AND THESE TERMS DO NOT AFFECT SUCH RIGHTS.
We recommend contacting your insurance provider to determine if your current insurance policy would cover you in the event of an accident. Please carefully review the waiver of subrogation requirement in Section 17 which is a material provision of these Terms. Please review our Safety Video prior to riding.
14. Disclaimer of Implied Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED BY Zumi Bike, INCLUDING BUT NOT LIMITED TO THE EBIKES, ARE WARRANTED ONLY TO THE EXTENT EXPRESSLY STATED IN THE APPLICABLE PRODUCT WARRANTY PROVIDED WITH YOUR PRODUCT. OTHERWISE, THE PRODUCTS ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. Zumi Bike AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, Zumi Bike, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY: (A) THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (C) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED.
15. Disclaimer of Certain Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Zumi Bike OR ANY OF ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OR THE PRODUCTS, EVEN IF Zumi Bike, ITS AFFILIATES OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. Acknowledgement and Indemnification
You acknowledge that there are inherent anticipated and unanticipated risks and dangers involved with the use of our Products, including the ebikes, whether intended or as a result of misuse. You understand that such risks can result in injury, death, illness or disease, physical or mental damage to yourself, your property, other third parties and their property, or to the property of Zumi Bike. You agree to release, waive, defend, indemnify, and hold Zumi Bike and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will keep them indemnified from any claim or demand, including reasonable attorneys' fees, relating to or arising from: (a) your purchase or use of any Products; (b) any violation by you of these Terms; or (c) your violation of another party's rights or applicable law. Zumi Bike reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Zumi Bike in asserting any available defenses.
17. Waiver of Subrogation
BY AGREEING TO THESE TERMS, YOU SHALL MAINTAIN YOUR OWN INSURANCE COVERAGE AS YOU DESIRE TO PROTECT YOU AND OTHERS FROM ANY LOSSES EXCEEDING THE LIMITS OF LIABILITY IDENTIFIED IN SECTION 13 OF THESE TERMS. YOU EXPRESSLY AGREE TO WAIVE AND SHALL CAUSE ANY APPLICABLE INSURANCE COMPANY UNDER WHICH YOU ARE AN INSURED OR ADDITIONAL INSURED TO WAIVE ANY RIGHT OF SUBROGATION THAT ANY SUCH INSURANCE CARRIER MAY HAVE AGAINST Zumi Bike AND/OR THE Zumi Bike RELEASEES. YOU WILL ENSURE THAT YOUR APPLICABLE INSURANCE POLICIES CONTAINS A PROVISION OR ENDORSEMENT WAIVING ANY AND ALL SUBROGATION RIGHTS AGAINST Zumi Bike. YOU WILL LOOK SOLELY TO THE PROCEEDS OF SUCH INSURANCE FOR ANY LOSS, LIABILITY, DAMAGE OR CLAIM ABOVE THE LIMITS OF Zumi Bike'S LIABILITY TO WHICH YOU AGREE IN THIS SECTION 17.
The foregoing provision means that any insurance company that provides coverage to you or your real or personal property shall be precluded from seeking reimbursement from Zumi Bike or the Zumi Bike Releasees for any loss after such insurance company compensates you.
18. Dispute Resolution and Binding Arbitration
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AMERICAN ARBITRATION ASSOCIATION'S COMPREHENSIVE ARBITRATION RULES. YOU AND Zumi Bike AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND Zumi Bike WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
a. This arbitration requirement applies to any claim or dispute of any kind (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, common law, or equitable) between you and Zumi Bike, its affiliates, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase that relates in any way to your purchase of the Products, these Terms, or Zumi Bike's marketing or advertising ("Claims").
b. You still have the right to bring individual Claims in small claims court, to the extent that you qualify.
c. Zumi Bike will pay the arbitration/arbitrator fees.
d. Arbitration shall be administered by the American Arbitration Association (AAA), subject to its Consumer Arbitration Rules, available at (800) 778-7879 and www.adr.org
e. Discovery shall be permitted in arbitration subject to AAA Consumer Arbitration Rules.
f. The arbitrator shall have exclusive authority to resolve any arbitrability issues including any dispute over these Terms or this arbitration provision's scope, application, meaning, and enforceability. The arbitrator shall be empowered to grant whatever relief would be available in court. Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
g. Claims may not be arbitrated on a class or representative basis. You and Zumi Bike agree to arbitration only on an individual basis. Neither you nor Zumi Bike may join or consolidate claims of others or participate in any claim as a class representative or a class member. If any portion of this arbitration agreement is found unenforceable, the unenforceable portion shall be severed, and the remaining arbitration terms shall be enforced (but in no event will there be a class arbitration). This paragraph controls over any inconsistent term in any other agreement.
h. You and Zumi Bike agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
i. This arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
19. Notice and Updates
Zumi Bike will provide all notices (including legal process) that Zumi Bike is required to give by any lawful method, including by making notice available through the Site or by sending it to any e-mail or mailing address that you provide to Zumi Bike. You acknowledge that if you do not provide Zumi Bike with current and accurate contact information, Zumi Bike may not be able to contact you. You agree to send Zumi Bike notice by mailing it to:
Zumi Bike (Neo Rides LLC)
Legal Department
1114 W 5th Street STE 102
Austin TX 78703
20. Governing Law
These Terms and any disputes between you and Zumi Bike will be governed by the laws of the State of Texas, without regard to conflicts of laws.
21. General
Section titles are only for convenience and have no legal or contractual significance. Any list of examples following "including" or "e.g.," is illustrative and not exhaustive, unless qualified by terms like "only" or "solely." Zumi Bike's failure to act with respect to a breach by you or others does not waive its rights to act with respect to subsequent or similar breaches. A waiver will only be binding on Zumi Bike if it is in a written document signed by Zumi Bike. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect. You and Zumi Bike intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Zumi Bike agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Zumi Bike may assign its rights and delegate its obligations under these Terms, in whole or in part, at any time with or without notice to you, and these Terms will be binding upon and inure to the benefit of Zumi Bike's successors and assigns. Zumi Bike shall have the right to assign these Terms, at its sole discretion, without notice to you. You may not assign, transfer or sublicense your rights (if any). These Terms (including any incorporated terms) and any Additional Terms constitute the entire agreement between you and Zumi Bike with respect to the Site. Both you and Zumi Bike warrant to each other that, in entering this agreement, neither Zumi Bike nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms (including any incorporated terms) and any Additional Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Zumi Bike, or Zumi Bike's successors and assigns, will have any right to enforce these Terms.
22. How To Contact Zumi Bike
If you have any questions or comments regarding these Terms, you may contact Zumi Bike by any of the methods available on our website at www.zumibike.com or by mail at the following address:
Zumi Bike (Neo Rides LLC)
1114 W 5th Street, STE 102
Austin TX 78703
ATTN: Legal Department
care@zumibike.com.