Terms of service

Flaunt Electric Vehicles, Inc.

Terms and Conditions

 

Please read these Terms carefully before accessing or using our website or purchasing any product.  By accessing or using any part of the site or purchasing any Product from us, you agree to be to the followings Terms.

 

This website, Flauntvehicles.com is operated by FLAUNT Electric Vehicles, Inc (“Flaunt” “we”, “us” and “our”).  By visiting our website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those made available by hyperlink. Access to this website including all information, tools and services available on the site is conditioned the following terms, conditions, policies, notices, acknowledgments and understandings and applies to all users of the site, including browsers, vendors, customers, merchants, and/ or contributors of content.

 

Access and Use of Flaunt website and on-line store:

 

  1. You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
  2. You may not use of the Service in a way that violate any laws in your jurisdiction (including but not limited to copyright laws).
  3. You must not transmit any worms or viruses or any code of a destructive nature.
  4. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. You agree to be bound by any and all Shopify, Inc.’s terms and conditions in addition to those contained herein.
  5. A breach or violation of any of the Terms will result in an immediate termination of the Services or access to the Site.
  6. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
  7. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue a Product (or any part or content thereof) without notice at any time. We are not liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or Product

 

Waiver and Release:    You warrant, acknowledge, understand and agree to the following:

 

  1. Use of the Product exposes user to unexpected risks, dangers, and hazards, including risk of serious injury or death. Use extreme caution at all times. Never act carelessly or misuse product. You are responsible for your own safety and use of personal protective equipment. Never operate without adult supervision if under age of 18.  Never operate under the influence of drugs, alcohol, or medication. 
  2. I have previously operated similar products, or have received instruction and a test drive and can safely operate the product as it is intended.
  3. I have no medical or other condition which may prevent me from operating the Product safely. I further confirm that I am not under the influence of drugs, medication, or alcohol that would impede my operation of the product.
  4. Operating the product may have inherent dangers that no amount of care, caution, instruction, or expertise can eliminate, and I expressly and voluntarily assume all risk of death or personal injury sustained while operating the product whether or not caused by the negligence of the Flaunt.
  5. Use of a personal protective equipment including, but not limited to helmets, knee, elbow, and wrist pads is my responsibility but will not eliminate all risks. I accept all risks associated with my failure to use recommended safety equipment.
  6. I am responsible for all losses and/or damage to the Product, regardless of fault, including theft or vandalism. I am also responsible for any losses for: (1) abuse, reckless use, or prohibited use or operation of the product; obtaining use of the Product through fraud or misrepresentation; or using the Product for an illegal purpose.
  7. No one, including myself, should ride an electric bike while under the influence of alcohol or drugs, including prescription medications, or while otherwise incapacitated.
  8. It is not safe to use the Product in hazardous conditions, including uneven or off-road terrain, significant rain or in snow, and I assume all risks of using the Product under these and/or any other unsafe conditions.
  9. It is my responsibility to inspect and verify the dimensions, specifications, and performance of all Products as being appropriate for the use to which you will put them prior to any actual installation and/or use of said Products.
  10. It is your responsibility to inspect Products before each use for evidence of damage, defect, or wear. Any deviation by you from the manufacturer’s specifications concerning use, maintenance, repair, alterations and modifications of Products constitutes willful negligence.
  11. Flaunt is not responsible for any property damage or injury to third parties as a result of the operation or use of the Product and agree to indemnify, defend and hold Flaunt harmless as to any claim by a third party arising out of my operation or use of the Property.
  12. I acknowledge and assume all risks, including but not limited to death or serious bodily injury, which may result from the operation of the Product on streets, roads, bike paths, bike lanes, and in traffic, including but not limited to the risks of serious bodily injury or death from falling off the Bicycle, colliding with other bicycles, motorcycles, motor vehicles or other objects, hitting potholes, or suffer sudden loss of control from flat tires due to unseen objects puncturing or damaging tires, or brakes failing, and relating to weather conditions. Despite knowing all associated risks, I voluntarily assume all risks of personal injury and/or damage in the operation of this Product and agrees to hold Flaunt harmless from all claims of injury or damage.
  13. I, on behalf of my heirs, representatives and assigns, hereby voluntarily waive, release, indemnify and hold Flaunt as well as its owners, officers, agents, partners, employees, suppliers, manufacturers and subsidiaries, harmless from any and all liability, claims, demands, actions, damages, or injuries, or any kind whatsoever, arising from or related to the test, use, rental, purchase, control, instruction, training, and/or operation of the Product, including but not limited to, damages or injuries caused in whole or in part by the negligence of the Flaunt.  .  If I or anyone related to or connected to me in any manner makes a claim against the Flaunt, Inc. then I will pay all demands, claims, judgments, fees, costs, etc. incurred by or assessed against Flaunt.
  14. Use of, or inability to use, the Product purchased by You is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

Shipments; Risk Of Loss:  All purchases from Flaunt are delivered to you pursuant to a shipment contract with a shipping carrier.  Risk of loss and title for Products purchased from Flaunt pass to you upon delivery of the Products to the carrier.  You, not Flaunt, are responsible for damage or loss during once Flaunt delivers to the carrier.  YOU MUST IMMEDIATELY CHECK ANY DELIVERED PACKAGE FOR ANY PHYSICAL DAMAGE BEFORE SIGNING OR RECEIVING THE PACKAGE AND PRODUCTS and for any damages you discover, you will notify and file a claim with the carrier at the time of delivery and/or pursuant to the Carrier’s rules.  You must also report any damages to Flaunt within three (3) days of receiving your shipment in order. If you do so, Flaunt will assist you with filing a claim, file a claim on your behalf, and/or ship you replacement Products (or parts), at Flaunt’s sole discretion.

 

Limitation Of Liability

 

  1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT IN NO EVENT WILL WE OR ANY AFFILIATED PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM PRODUCTS PURCHASED BY YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GASBIKE.NET OR ANY AFFILATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NEITHER WE NOR ANY AFFILATED PARTY WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, NEITHER WE NOR ANY AFFILIATED PARTY ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY YOU FOR THE PRODUCTS GIVING RISE TO THE CLAIM.

 

  1. We are not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, the unavailability of Products, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.

 

  1. DISCLAIMER OF IMPLIED WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED BY RPB, 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. RPB 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, RPB, 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.

 

  1. DISCLAIMER OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RPB 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 RPB, ITS AFFILIATES OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Claims and Disputes:

 

  1. Chose of Law. This agreement and any dispute between the parties shall be governed by and interpreted in accordance with Florida Law without regarding to conflict or chose of law principles.

 

  1. Any claims, causes of action or disputes not subject to binding arbitration as provided above, will be brought exclusively in courts located within Volusia County, Florida, and you agree to submit to the personal and exclusive jurisdiction of such courts, for any actions.

 

  1. Binding Arbitration. The Parties agree that any dispute, controversy or claim arising out of or relating to the Product or Use thereof, or this Contract, including warranty claims, defective product claims, physical injury claims, property damage claims and/or whether any of the aforementioned claims are arbitrable, will be referred to and finally determined by binding arbitration in accordance with the Judicial Arbitration and Mediation Services (“JAMS“). The tribunal will consist of a sole arbitrator. The place of arbitration shall be the JAMS office in Volusia County, Florida or the JAME office closest to Volusia County, Florida. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.

 

  1. Limitations Period. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one (1) year after such claim or cause of action arose or be forever barred. YOU ALSO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO REQUEST A TRIAL BY JURY FOR ANY ACTION ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OF SALE.

 

Miscellaneous:

 

  1. Entire Agreement. This Agreement constitutes the entire agreement between you and Flaunt, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the sale, purchase and use of the Products, and the subject matter of this Agreement. If you issue a purchase order to Flaunt it is for administrative purposes only and terms or conditions contained in any such purchase order that are inconsistent herewith are superseded by these Terms and Conditions. Moreover, no course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of the terms and conditions of this Agreement or any purchase order or invoice related thereto.
  2. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
  3. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  4. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
  5. All Notices to Flaunt shall be made in writing and delivered by nationally recognized overnight carrier with a copy by email to:

 

Flaunt Electric Vehicles

Address: 5062 S. Ridgewood Ave. Port Orange, FL US 32127

Email:  info@flauntvehicles.com

 

  1. Any questions regarding these Terms should be directed to:

 

Flaunt Electric Vehicles

Address: 5062 S. Ridgewood Ave. Port Orange, FL US 32127

Email:  info@flauntvehicles.com