Last Updated March 12, 2025
GENERAL TERMS & CONDITIONS
The City Grounds and affiliates’ websites, including www.citygrounds.com, www.crewbikeco.com, and www.foundbikes.com (the “Site” or “Sites”), related mobile applications (“Apps”), and any other sites or apps that connect to these Terms and Conditions, are made available to you by City Grounds, Inc., a California corporation located at 2072 Alton Pkwy., Irvine, CA 92606. These Terms and Conditions (“Terms”) form a binding legal agreement between you and City Grounds. You can find and review City Grounds’ Privacy Policy by clicking here. These Terms also apply to your purchase and/or use of any Product from City Grounds, including but not limited to electric-assisted bicycles, electric bicycles, electric scooters, out-of-class electric vehicles, electric motorcycles, electric dirt bikes, electric mopeds, apparel and accessories (“Products”).
PLEASE READ THESE TERMS CAREFULLY.
· THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, TO BRING A CLASS ACTION, AND TO HAVE DISPUTES DECIDED BY A JUDGE OR JURY UNLESS YOU OPT-OUT OF ARBITRATION.
· THIS AGREEMENT CONTAINS LIMITATIONS ON CITY GROUNDS’ POTENTIAL LIABILITY TO YOU.
· See Paragraph 16 for further details.
BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SITE, MAKING A PURCHASE FROM CITY GROUNDS ONLINE OR IN STORE, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, OR BY USING THE SITES OR APPS, YOU ARE AGREEING TO THE THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITES.
We may change, modify or amend these Terms from time to time. We will notify you of material changes to these Terms by posting the amended terms on the Sites before the effective date of the changes. If you do not agree with the proposed changes, you should discontinue your use of the Sites prior to the time the new Terms take effect. You acknowledge and agree that it is your responsibility to review our Sites and these Terms from time to time to familiarize yourself with any modifications. Your continued use of our services after any changes to the Terms constitutes your acceptance and agreement to be bound by the Terms.
Through continued use of this Site, you represent and warrant that you are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is higher (“Minimum Age”). If you are under the Minimum Age, you are not eligible to make a purchase with City Grounds. Many states and municipalities restrict the age of who can operate the Product; you are responsible for knowing and abiding by the statutes, rules, and regulations that apply where you purchase or use any product purchased from City Grounds.
Version: 3/12/2025
1. Registration, Accounts, and Use of Site
Affirmative Representations. When you use the Site you agree: (a) to provide true, accurate, current and complete information about yourself (“Member Data”) (b) to maintain and promptly update the Member Data; (c) your use of the Site does not violate any applicable law or regulation; and (d) you are of sufficient age or otherwise have legal capacity to legally enter into this Agreement.
You agree that City Grounds may use your Member Data to provide the Site and Services that you access or use and as otherwise set forth in these Terms. If you provide any Member Data that is inaccurate or not current, or City Grounds has reasonable grounds to suspect that such Member Data is inaccurate or not current, City Grounds has the right to suspend or terminate your account and refuse current or future use of the Site.
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Site. You accept responsibility for all activities that occur under your account or from your computer and mobile devices.
We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your User Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Site or its contents. You agree to immediately notify City Grounds of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to Member Data and any other information or content you provide to City Grounds.
ANY INFORMATION, SOFTWARE, SERVICES AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. CITY GROUNDS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. IN NO EVENT SHALL CITY GROUNDS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITES OR THEFT OR UNAUTHORIZED ACCESS TO YOUR MEMBER DATA, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. 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. City Grounds’ Limitation of Liability is set forth in more detail in Paragraph 16.
City Grounds’ full privacy policy and cookie policy is available here.
The Sites and Services are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Sites, use of the Services or access to Content. If these Terms are not enforceable where you are located, City Grounds does not permit you to use this Site.
You agree not to use the Sites or Services in any matter that:
A. Is designed to interrupt, destroy, or limit the integrity, security, or functionality of the Site or Services, or any software, hardware, or other equipment;
B. Infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names);
C. Involves any unsolicited or unauthorized advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
D. Is fraudulent, misleading, illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence, or that discriminates on the basis of race, nationality, ethnicity, gender, sex, sexuality, sexual orientation, or age;
E. Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Site or any portion thereof;
F. Collecting or harvesting any information relating to an identified or identifiable individual, including account names and information about users of the Site;
G. Bypassing the measures we may use to prevent or restrict access to the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; or
H. Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability.
Third party products and services made available on our Sites and Apps are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with City Grounds. YOU AGREE THAT CITY GROUNDS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SITE. YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
2. Proprietary Rights and Limited License
This copyright notice applies to the entirety of the Site and Services. All content on the Site is the sole property of City Grounds and is protected under U.S. and international copyright laws. City Grounds reserves all rights to the content contained herein. The content of this website or any Internet site owned, operated, licensed, or controlled by City Grounds may be viewed or downloaded for the user's personal, noncommercial use only. Even for personal downloads, you may not modify the materials nor use the materials in a manner that suggests an association with any of our products, services, or brands. The content herein, including trademarks, service marks, written text, html or other code, images, animations, digital photographs, or other content accessible on this site, should not be reproduced, copied, distributed, posted, or used in any other way without the express written permission of City Grounds. The use of any City Grounds material on any other Web site or computer environment is prohibited. You may link to material on our website only with our prior written consent.
Subject to your compliance with this Agreement, we grant you a limited license to access and use our Sites and their Content for personal, informational, and shopping purposes. No Content from the Sites may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of City Grounds, except that you may download or print one copy of specific Content or software made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with this Agreement and retain the same solely for as long as you continue to be permitted to access the Sites. To use Content under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact, (2) use such Content pursuant to any licenses associated with such Content, (3) not copy or post such Content on any networked computer or broadcast it in any media, (4) make no modifications to any such Content, and (5) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Sites or the Content.
Any use of the Content on this Site other than as expressly authorized by these Terms may violate copyright or trademark laws, and, without the prior written permission of City Grounds, is strictly prohibited.
If you violate or attempt to violate any of the security protections employed by City Grounds, through the Site or otherwise, you may face civil or criminal liability. We reserve the right to investigate all suspected violations and may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right to disable your Account, and corresponding username, password, or other identifier at any time and in our sole discretion if, in our opinion, you have violated any provision of these Terms.
City Grounds does not guarantee availability of the Site, Content, or your Account and your access is permitted only if and when they are available. The Site may be unavailable as a result of ongoing service, upgrades, maintenance, or other reasons. City Grounds reserves the right to change, restrict access to, suspend or discontinue the Site, or any portion of the Site at any time without notice to you.
3. Terms of Purchase
Purchasing through checkout online, in store for later pick up, or through delivery services is an offer to buy. An email confirmation will be sent out shortly after the successful transaction by the payment processor was accepted. City Grounds accepts your order upon shipment and fulfillment of the order. We reserve the right at any time, even after confirmation email, to decline, cancel or to limit item quantities on the order for any reason, including errors or suspected fraud.
Payment options through Affirm are subject to an eligibility check and are provided by these lending partners: affirm.com/lenders. Options depend on your purchase amount, and a down payment may be required. CA residents: Loans by Affirm Loan Services, LLC are made or arranged pursuant to a California Finance Lenders Law license. For licenses and disclosures, see affirm.com/licenses.
City Grounds endeavors to provide accurate descriptions of all items it offers for sale. Rules and regulations regarding Products including electric-assisted bicycles, electric bicycles, electric motorcycles, electric scooters, out-of-class electric vehicles, and comparable products are rapidly changing and can vary by jurisdiction and local riding area. You are responsible for reviewing, understanding, and abiding by the statutes, rules, and regulations that apply where you use any Product purchased from City Grounds. City Grounds is not responsible for advising you regarding the laws applicable in your jurisdiction and makes no representations about the laws, rules, and regulations applicable in your jurisdiction or anywhere you choose to ride.
More information about how electric bicycles are classified and about out-of-class electric vehicles is available here. This information is applicable to Products sold in California from where City Grounds sells its Products. City Grounds makes no representations regarding applicable laws and regulations in any other jurisdiction. It is the rider’s responsibility to know and understand the laws applicable where the Product is used.
4. Gift Cards
Gift cards are redeemable only at CityGrounds.com and delivered digitally via e-mail. Physical gift cards are not available at this time. If you choose to pay with a gift card, any gift card balance will be applied toward your purchase until the gift card is depleted.
If a gift card is attached to your CityGrounds.com customer account, then you can check the balance through the link provided in the original purchase email notification. Otherwise, please contact our customer support team with your gift card number and they will be able to provide you the balance of your card.
Gift cards are not redeemable for cash or credit. Notwithstanding the foregoing, gift cards with balances of under $10.00 are redeemable for cash in the State of California. To make a request to redeem a gift card with a balance of under $10.00 in California, please contact us, support@citygrounds.com.
City Grounds is not responsible for lost or stolen gift cards. Lost or stolen gift cards cannot be replaced, except as required by law. All sales of gift cards are final and nonrefundable. We reserve the right to refuse to honor a gift card if we suspect it was obtained fraudulently. If you suspect someone has copied or stolen your gift card, contact us immediately, support@citygrounds.com.
5. Price Match
Our Price Match policy allows you to shop with confidence and takes out the worry of getting the best price for your purchase. We will match our competitors’ advertised prices on items that are currently available. We will also gladly match prices on closeout and sale items as long as the products are the same model, year, and are still available.
City Grounds will only honor advertised prices from other authorized dealers and retailers.
We require the following information to accurately and quickly help us review your Price Match Request:
1. Your full name and email address
2. Web page - Send us the exact url page of the product you wish to match
3. Price to match - Let us know the price that you want us to match
4. Your zip code - Sometimes dealers will have shipping exclusions and this info helps us determine the dealer's shipping rules
We do not price match out of stock, auction sites, dealers outside the USA or used items. By checking all of these boxes it helps you understand our policy.
Each Price Match Request is subject to verification and must be requested prior to checkout. Price matching will delay processing and shipment of your order.
6. Promotions and Discounts
City Grounds may advertise promotional discounts, coupon codes, and other offers to be applied upon checkout. These cannot be applied to prior or completed transactions, and must be used at the time of purchase. Generally, promotional codes and discounts cannot be combined with other offers. Sale and clearance products are not eligible. Promotional codes and discounts are only available to consumers and cannot be used for commercial buyers. Other exclusions may apply.
7. Rewards Program
City Grounds’ Rewards Program is only open to legal residents of the United States who are at least 18 years old at the time of entry. Rewards Programs are void where prohibited. We reserve the right to suspend, modify, or discontinue the eligibility of any person who uses or is suspected of using a Rewards Program in a manner inconsistent with this Agreement or any federal or state laws, statutes or ordinances. In addition to suspension or discontinuance of eligibility, we have the right to take appropriate administrative and/or legal action against such persons. Points will be stored under the email you use for your order, even if you do not have an Account. You can active your Account at any time to retrieve them.
The Rewards Program will continue until we terminate it, which we may do at any time, with or without notice to you. Upon discontinuation of the Rewards Program you may lose all benefits under the Rewards Program, including those yet to be redeemed. We also reserve the right to suspend or modify any Rewards Program, at our discretion, at any time. By continuing to participate in the Rewards Program, you accept our modifications. We will make reasonable efforts to provide you notice of changes to the prior to implementation.
All questions or disputes regarding eligibility for a Rewards Program, your compliance with this Agreement, accrual of rewards or benefits, or anything else related to a Rewards Program, will be resolved by us in accordance with the “Dispute Resolution, Arbitration, and Class Action Waiver” section. By participating, you agree that all decisions we make regarding a Rewards Program are final. The Rewards Program is subject to all applicable laws and regulations.
8. Order Changes or Cancellations
We understand that mistakes happen or you may have changed your mind with your recent purchase. Please email in your cancellation request to Support@CityGrounds.com including Order Number, Full Name on order and Reason for Cancellation.
Please note that we are unable to guarantee cancellation requests. Our team will coordinate with one of our many fulfillment stations to intercept the package prior to shipment. In the event Product has shipped despite requested cancellation, customer is responsible for costs associated with the shipment, including return, of Product.
If you ask us to cancel an order after we have captured funds from your credit/debit card or after we've financed your purchased through Affirm), 2.5% will be withheld from your refund to cover the cost of merchant card processing, which we do not recover when issuing a refund for a canceled order.
We are unable to guarantee changes to an order, but will do our best to assist. Please reach out to our team via email to Support@CityGrounds.com and include Order Number, Full Name and Exact Product you wish to have edited to and from. Any request to edit or change an order may delay the processing time of your order. In many cases, you may need to cancel your order and then place a new order with corrections made.
9. Shipping:
All orders that are shipped are subject to a signature requirement. City Grounds will not remove the signature requirement for any shipment. We do NOT ship to P.O. boxes or APO.
Title to all products or items ordered by you and risk of loss to such products will transfer to you at the time City Grounds delivers such products to the applicable shipping carrier. You should contact the shipping carrier as soon as possible to report any claim for a lost or damaged package. Note, however, that if we have not received payment in full for the products prior to their delivery, then the products will remain our property until such time as payment is received in full. We reserve the right (subject to applicable law) to terminate your right to use the products if payment is not made when due, or if the credit/debit card company declines payment or requires us to return any payment made for the products, for any reason.
In the event the package is returned to City Grounds due to the customer’s failure accept the package or the customer providing an incomplete/undeliverable address at checkout, the customer shall be liable for all shipping costs accrued for failed delivery. Shipping fees will be deducted from any reimbursement.
For any third- party shipping outside of our normal shipping process, we cannot provide any additional shipping information or documentation.
Shipping and delivery estimates are not guarantees. Shipping fees are non refundable and refunds will not be performed in the event the package is delivered after the estimated date provided by both shipper and shipping carrier.
We ship to addresses in the 48 continental U.S. states. Due to shipping carrier regulations around high-capacity lithium-ion batteries, we cannot ship Products or components, including but not limited to batteries, displays and controllers, outside of the 48 continental United States.
City Grounds will accept eligible returns of new, unused merchandise. Contact City Grounds at support@citygrounds.com to initiate approval for an eligible return. For a return to be considered eligible, product must be received back to our warehouse in brand new condition (unopened/sealed by manufacturer) within 30 days of the delivery date to the customer.
The following items cannot be returned: helmets, inner-tubes, items marked as final sale, open box items, and replacement parts purchased through warranty.
Customer is responsible for all shipping costs associated with return, in addition to reimbursing any shipping fees charged to City Grounds that were waived as free on initial shipment. City Grounds can provide a discounted shipping label for eligible returns. Contact City Grounds at support@citygrounds.com to request a return shipping label. Photos of packaged/sealed product will be requested prior to issuing the return label. The customer will be responsible for shipping costs for the return. Shipping costs are non-refundable. Reimbursement will be issued once the product has been returned to warehouse and inspected. We will issue a refund, less shipping costs, using the same payment method the customer used initially.
City Grounds will not be held responsible for lost or damaged products returns. Customers are advised to use a trackable shipping option for all returns.
City Grounds does not accept returns of used or damaged products. In the event of a used or damaged product being returned to City Grounds without prior authorization, return eligibility will be considered null and void. The customer will be responsible for paying shipping to return the item back to the customer. If customer fails to make arrangements for return shipping, product will be considered abandoned and will be disposed of after 90 Days.
11. Assembly
City Grounds recommends that Products be assembled by a bicycle mechanic for professional assembly. In many cases, professional assembly is a requirement by the manufacturer should warranty issues arise. Damages that occurred due to user error caused during assembly will not be covered or reimbursed.
12. Warranty
Warranties are provided by the manufacture of each product, not City Grounds. Please consult the manufacturer of the product for applicable warranty terms. Longevity of coverage and additional fees of shipping and labor reimbursement will vary based on exact product.
All cases are evaluated by City Grounds and manufacturers respectively on a case-by-case basis. Time frame for resolution may vary. City Grounds is not liable for reimbursement of non-authorized parts purchased and/or labor performed without prior authorization under the manufacturer’s warranty.
Additional coverage purchased through third parties such as Mulberry will require claims to be filed and approved by said party. City Grounds is not liable for the results of these resolutions.
While City Grounds does not provide a warranty with the products sold by it, the manufacturer provided warranty typically does not apply to any of the following:
• Any part of a product that has been altered, repaired, misused, and improperly installed.
• Aftermarket parts that are not original to the product
• Damage from unintended styles of riding, abuse, neglect, accident, jumping and racing
• Deterioration of the paint, appearance of the product; rust/corrosion due to environmental effects
• Wear and tear of any product (including but not limited to - saddles, grips, tires, tubes, cables, spokes, brake pads, wheel braking surfaces, chains, bearings) that naturally and inevitably occurs as a result of normal riding
• Failure to provide regular maintenance of any product
Warranties are limited to those provided by the manufacturer of the item purchased. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED BY CITY GROUNDS ARE WARRANTED ONLY TO THE EXTENT EXPRESSLY STATED IN THE APPLICABLE PRODUCT WARRANTY PROVIDED BY THE MANUFACTURER 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. CITY GROUNDS 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.
13. Compliance with Laws and Insurance Notice
YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ANY AND ALL LAWS REGULATING THE PURCHASE OR USE OF AN ELECTRIC BICYCLE, ELECTRIC-ASSISTED BICYCLE, OUT-OF-CLASS ELECTRIC VEHICLE, ELECTRIC SCOOTER, ELECTRIC MOTORCYCLE, ELECTRIC MOPED, OR OTHER PRODUCT. WE ARE NOT RESPONSIBLE FOR ADVISING YOU ON SUCH LAWS IN YOUR OR ANY OTHER JURISDICTION RELATED TO THE PURCHASE OR USE OF ANY PRODUCT. YOU, AND YOU ALONE, ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL REQUIREMENTS, INCLUDING BUT NOT LIMITED TO REQUIREMENTS RELATED TO REGISTRATION OF PRODUCTS, LICENSURE FOR RIDING PRODUCTS, PURCHASING INSURANCE, OR WEARING A HELMET, AND CITY GROUNDS DISCLAIMS ALL LIABILITY RELATED TO SUCH LICENSES, REGISTRATIONS, AND INSURANCE. FOR YOUR OWN SAFETY WE RECOMMEND THAT YOU WEAR A HELMET AT ALL TIMES WHILE RIDING ANY PRODUCT.
Please be aware that your current insurance policies may not provide coverage for accidents involving the use of the Products. To determine if your current policy provides such coverage, you should contact your insurance company or agent.
14. Product Performance
Please note that information on City Grounds’ website or other manuals or documents regarding the expected range on a single charge on one of our Products is an estimate, not a guarantee. There are many factors that contribute to actual, real-world range for Product 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.
15. Product Safety
A. You must read and follow all instructions and warnings provided with the product in the owners’ manual or any other resources provided by the manufacturer.
B. You assume full responsibility for familiarizing yourself and anyone who uses your Product with the proper helmet for your riding style. Regulations vary based on location and intended use. City Grounds recommends you always wear an ASTM, CPSC, and/or CE certified helmet when riding Products and follow the manufacturer’s instructions for fit, use, and general care. Riding any Product without a helmet puts you at risk of serious head injury or death.
C. Check your city, state or country’s regulation on Products before riding. There are variations on age limits, speed, motor wattage and road/trail accessibility. Regulations and classifications of Products are constantly changing throughout the country. City Grounds makes no representations regarding whether products comply with any country, state, county, or municipality’s laws, rules, or regulations regarding the classification, design, construction, or use of Products including electric-assisted bicycles, electric bicycles, electric scooters, out-of-class electric vehicles, electric motorcycles, electric dirt bikes, and electric mopeds. Unless expressly identified, City Grounds makes no representations regarding whether Products comply with different jurisdictions’ definitions of Class 1, Class 2, or Class 3 electric-assisted bicycles. Additionally, any modifications you make to the Product may change its classification or legal status. City Grounds strongly advises you to check the laws, rules, and regulations applicable where you plan to ride to ensure the Product can be legally used for your intended purpose.
D. Products are subject to wear and tear. Some parts will require regular maintenance, which can vary based on use and model. Perform a safety inspection before every ride. 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 Product before each ride.
E. Riding any Product involves certain risks, including but not limited to the risk of serious injury or death. You expressly agree that use of the Product carries certain inherent and serious risks of property damage, personal injury, or death. You knowingly and voluntarily assume full responsibility for the risks involved in your use of Product, or anyone else’s use of your Product with your permission.
F. Incorrect assembly, maintenance, or use of your Product 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 Product and any documentation provided for subcomponents or accessories before riding. Unless your Product was assembled by City Grounds’ retail or service team, you assume full responsibility for the proper maintenance and the proper assembly and/or reassembly of your Product.
G. Using a damaged battery or charger can damage additional components or create a fire hazard. Stop using your battery and charger and contact the manufacturer of the Product if any of the following occurs: (1) your charger’s flexible power cord or output cable or any of the electrical cables on your Product 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), has an unusual smell, makes a popping sound, or shows other structures. Dispose of any battery responsibly, in accordance with local rules and regulations regarding safe battery disposal or recycling.
16. Assumption of Risk, Waiver of Liability, and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE TO RELEASE CITY GROUNDS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR USE OF THE PRODUCTS OR SERVICES SOLD BY CITY GROUNDS. YOU AGREE TO RELEASE AND HOLD HARMLESS AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. This RELEASE includes but is not limited to claims based on negligence, defects in the design, manufacture, maintenance, assembly, inspection, classification, or marketing of the product. You agree to release, waive, defend, indemnify and hold City Grounds and its directors, officers, employees, agents, members, partners, suppliers, and affiliates harmless and will defend and indemnify them from any claim or demand, including reasonable attorneys’ fees, relating to or arising from, directly or indirectly, your purchase or use of any product sold by City Grounds.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PRODUCTS OR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. 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.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ENTERING INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
17. Dispute Resolution Arbitration, and Class Action Waiver
PLEASE READ THIS FOLLOWING CLAUSE CAREFULLY–IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL 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.
Customer Service can be contacted here, support@citygrounds.com, to address any concerns you may have regarding your use of the Site or any issues with the Products. Most concerns may be quickly resolved in this manner. You and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit.
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 City Grounds, 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 City Grounds’ marketing or advertising (“Claims”).
You still have the right to bring individual Claims in small claims court, to the extent that you qualify.
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 City Grounds will pay the arbitration/arbitrator fees to the extent required by the AAA Consumer Arbitration Rules. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, City Grounds will pay the additional cost.
Discovery shall be permitted in arbitration subject to AAA Consumer Arbitration Rules.
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 provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if City Grounds is a party to the proceeding.
Claims may not be arbitrated on a class or representative basis. You and City Grounds agree to arbitration only on an individual basis. Neither you nor City Grounds 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.
You and City Grounds 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.
This arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Site, the Terms, or the Product must be filed within one (1) year after such claim or cause of action arose or be forever barred.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, YOU AND WE WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. YOU AND WE FURTHER UNDERSTAND THAT THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY, AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS-ACTION WAIVER SET FORTH IN THIS SECTION IS VOID OR UNENFORCEABLE FOR ANY REASON, OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH ABOVE SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.
Any action related to the Terms, Content, the Services, and your relationship with City Grounds shall be governed by, and construed and interpreted in accordance with, the laws of the State of California without regard to its conflict of laws principles. Subject to the Section entitled “Dispute Resolution”, the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts in California and you consent to the exclusive jurisdiction of the federal or state courts in California.
18. Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the Services is City Grounds, Inc., 2072 Alton Pkwy., Irvine, CA 92606. To file a complaint regarding the Services or to receive further information regarding use of the Site, send a letter to the above address or contact us at 866.550.7423 (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
19. Notice to New Jersey Residents
If you are a consumer residing in New Jersey, solely to the extent that your rights as a consumer residing in New Jersey render them unenforceable under New Jersey law, the following provisions of this Agreement do not apply to you and do not limit any rights that you may have: (a) Disclaimer of Warranty; (b) Disclaimer of Damages; (c) Limitation of Liability and Exclusive Remedy; (d) Disputes, the Arbitration and Class Action Waiver, (e) Indemnification; and (f) the Governing Law and Rules provisions.
20. International Notice
The Site controlled by City Grounds from its offices within the United States of America. Likewise, our Sites and/or Services are only offered in the United States. As such, each claim or statement about our Sites and/or Services, and Products, is expressly limited to the United States, unless otherwise disclosed. Anyone using or accessing the Site from outside the United States does so on their own risk and is responsible for compliance with all applicable laws and regulations, including U.S. and international export control laws and regulations.
WE DO NOT REPRESENT OR WARRANT THAT ANY OF OUR SERVICES, INCLUDING OUR SITES AND MOBILE APPS OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES.
Without limiting any other provision of these Terms, you may not use or otherwise export or re-export the Site, or any aspect thereof, except as authorized by United States law and the laws of the jurisdiction in which the Site was accessed, downloaded, or obtained by you, and you further agree that the Site may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Site, you represent and warrant that you are not located in any such country or included on any such list. You also agree that you will not use the Site for any purposes prohibited by United States law, including the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
21. DMCA – Copyright Claims of Infringement
A. The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by City Grounds infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work or trademark claimed to have been infringed (or, if multiple copyrighted works or trademarks located on the Site are covered by a single notification, a representative list of such works);
(iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow City Grounds to locate the material on the Site;
(iv) the name, address, telephone number, and e-mail address (if available) of the complaining party;
(v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
City Grounds will not respond to complaints that do not meet these requirements. If City Grounds determines that the materials alleged to infringe your copyright or trademark rights do not require removal, City Grounds will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good-faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located; or, if your address is outside of the United States, for any judicial district in which City Grounds may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).
Notices and counter-notices with respect to the Services must meet the then-current statutory requirements imposed by the DMCA (see https://copyright.gov/title17/92appb.html) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there may be penalties for false claims under the DMCA.
Agent to Receive Notices of Claimed Infringement: City Grounds, Inc., 2072 Alton Pkwy., Irvine, CA 92606
22. General
No Waiver. City Grounds’ 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.
Severability. 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 City Grounds intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and City Grounds 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.
Assignment. City Grounds 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 City Grounds’ successors and assigns. City Grounds 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).
Force Majeure. Neither party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, changes in laws or regulations, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
Entire Agreement. These Terms (including any incorporated terms) constitute the entire agreement between you and City Grounds with respect to the Services. Both you and City Grounds warrant to each other that, in entering this Agreement, neither City Grounds 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). The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law.
No Third Party Beneficiaries. No one other than you and City Grounds, or City Grounds’ successors and assigns, will have any right to enforce these Terms.
Headings Have No Legal Effect. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
Contact Us. If you have any questions about these Terms, the Site, or the Products, contact us at support@citygrounds.com, via phone at 866-550-7423 or via U.S. Mail at City Grounds, Inc., 2072 Alton Pkwy., Irvine, CA 92606. Legal notices must be delivered to City Grounds, Inc., Attn: Legal Department, 2072 Alton Pkwy., Irvine, CA 92606.
