Please read these terms of use carefully before using this website or application. All of the terms are important, but please pay special attention to those that are in bold font as some of these terms may limit our responsibility or involve some risk for you. Some sections of the Terms of Use may not be applicable in your jurisdiction (and thus may not be applicable to you) - please check the location-specific terms (the “Location-Specific Terms”) set forth below, which may be relevant to you.

These Terms of Use (“Terms”), which include the Location-Specific Terms below, govern your access to and use of our websites, mobile sites, mobile apps and other related services (collectively, our “Platform”). In these Terms, when we refer to “RIDING 5,” “us,” “we” or, “our”, we mean RIDING 5 and its directly and indirectly held subsidiaries, which includes the RIDING 5 entity indicated in the Location-Specific Terms below. The terms “you” and “your” mean you, the person or entity who uses the Platform. Review these Terms carefully: this is a contract and affects your legal rights. By using the Platform, you agree to and accept these Terms. If at anytime you do not accept these Terms or you are not entitled to use the Platform, stop using thePlatform AND delete any of your Platform accounts.

These Terms contain a mandatory individual arbitration provision and class action waiver. This requires you to use arbitration on an individual basis to resolve disputes, rather than class actions. By accepting these Terms, you expressly agree to be bound by and abide by these Terms, including the mandatory individual arbitration provision and the class action waiver provision.

Depending on which of our products or services you use, additional terms may apply (“Additional Terms”). Additional Terms may apply for promotions, sweepstakes, contests, giveaways, or similar programs, or for certain types of products or services, such as paid subscription services. If Additional Terms are inconsistent with these Terms (including the Location-Specific Terms), the Additional Terms control.

Where applicable, you may not access or use the Platform unless you are at least the age of majority in your location/jurisdiction of residence, or you have permission from your parent or legal guardian.

Privacy

We value your trust. Please refer to our Privacy Policy at RIDING 5.com/privacy-policy or otherwise linked on the Platform for details on how we collect and use information in connection with the Platform. By using the Platform, you acknowledge the collection, use, disclosure, storage, and sharing of data as described in the applicable Privacy Policy.

Creating an Account

To use certain services available through the Platform, you may need to create an account. Your username and password are for your personal use only, and you are responsible for maintaining their confidentiality. You are responsible for keeping your account and contact information up to date. You agree to accept responsibility for all activities that occur under your account, including any misuse by you or others. You agree to promptly notify us of any unauthorized use of your username, password, or account. You may not use another person’s account without permission, act in a way that interferes with another user’s account, or solicit another user’s password. We may terminate or suspend your account(s) for any reason, including your violation of these Terms, misuse of any part of the Platform, or other improper activity.

Making Purchases

The following terms apply to your purchases via the Platform.  In some countries/regions, other or different terms may apply, which you can find below in the Location-Specific Terms or linked on the applicable pages of the Platform.

Placing Orders

You may place orders for Products via the Platform from one of the RIDING 5 entities indicated in the Location-Specific Terms below, including through one of our websites (e.g., RIDING 5.com, rovalcomponents.com, puristcollective.com, todaysplan.com.au) or, in certain circumstances, over the phone. “Product” or “Products” means any and all items or services being sold or made available by RIDING 5 to you. By placing an order or using our services, you consent to these Terms and acknowledge that we sell and you will purchase and use the Product subject to these Terms. Many of our Products come with written manuals, warranty information, instructions, and warnings that include important safety and usage information; nothing in these Terms overrides those, and you should always follow the documentation that comes with or is made available for your specific Product. Otherwise, unless expressly agreed toor set forth in writing by RIDING 5, any term or condition in any order or other form or correspondence that is in any way inconsistent with these Terms shall be inapplicable and of no force and effect whatsoever.

Acceptance of Orders

All orders are subject to RIDING 5’s acceptance. This means RIDING 5 may reasonably refuse to accept or may cancel or limit any order, or order quantity for any or no reason, at any time before it has shipped the goods. Your receipt of an order confirmation does not mean we have accepted your order, nor is it a confirmation of our offer to sell. We are simply confirming we received the order. If we cancel an order after you have been charged, we will refund the charged amount.

Product Availability

We use reasonable efforts to fulfill orders but cannot guarantee availability of any particular Product shown on the Platform, and sometimes a Product may not be available. In that case, we may cancel your order or contact you for follow-up. We reserve the right to change the description of any Product or to discontinue selling any Product at any time without notice. We have made every effort to display the colors and images of Products as accurately as possible. We cannot guarantee that your device’s display of any color will be an accurate reflection of the physical item upon receipt.

Subscriptions

In some cases, a Product may consist of access to a subscription service. For these subscription Products, your subscription will automatically renew as described in the Product; we will automatically charge the associated fee (plus any applicable taxes) to your payment card until you cancel your subscription as described in connection with the specific subscription Product. You agree to maintain accurate and up-to-date payment information in your account, and if a payment is unsuccessful, we will suspend your access to the subscription Product until you provide a valid payment method.

Pricing/Taxes

All prices on the Platform are subject to change and exclude applicable tax and shipping, except where required by law in the applicable jurisdiction (e.g., VAT, GST) or otherwise indicated on the Platform. Applicable mandatory taxes and/or other fees will be applied and charged at their then-current rate. If the tax rate changes between the date of an order and the date of delivery, we will adjust the tax unless the order has been paid in full before the change in tax rate. We reserve the right to change pricing at any time or correct pricing errors that may inadvertently occur.

Special Offers

From time to time, we may offer special promotions for some or all of our Products, including discounts, limited edition Products, or free shipping. These offers may be for a limited time only and RIDING 5 reserves the right to change or discontinue such offers at any time.

Payment

All orders must be paid in full prior to shipment. Forms of payment and/or financing that we accept are described on the Product page or during the checkout process. Shipment of any order is subject to verification of payment information and availability of funds. We reserve the right to change available payment and financing options at any time without notice.

Shipping

Available shipping options will be displayed during the checkout process. Any time frame provided by RIDING 5 for when a Product may ship or be delivered is a good faith estimate. While we do our best to meet that timeframe, it is not a guarantee. Actual delivery of your order can be impacted by many events some of which are beyond our control. RIDING 5 cannot be held liable for late deliveries.

Unless otherwise required by local law, title and all risk of loss or damage to the Products shall pass to you, or a designated recipient, when the Product is picked up at RIDING 5’s warehouse by the designated shipping carrier. RIDING 5 is not responsible for loss or damage to Products that occur after that moment. If you have questions or issues about your order, or changes in status, please contact our Rider Care Team.

Product Returns

For information on returns, please refer to our returns pages linked at the bottom of our websites or to the packaging slip provided with the Product. Our return policies and procedures may vary by location, please see RIDING 5.com/returns-policy or the Returns page linked at the bottom of our websites for the policies and procedures in your location.

Warranty

For information regarding our applicable warranty policy, please refer to the written warranty included with the Product, RIDING 5.com/warranty or the warranty page linked at the bottom of our websites.

Not for Resale

Products sold on the Platform are for end-user customers only and not for resale. We reserve the right to refuse or cancel any order if we suspect you are purchasing Products for resale.

Platform Availability and Updates

We try to keep the Platform up and running, but our Platform may experience outages or downtime for a variety of reasons. RIDING 5 is not responsible for any damage or loss caused by failures or delays of the Platform.

From time to time, we may need to deploy or provide patches, updates, upgrades, additional content or other modifications to the Platform (for example for maintenance, enhancements, to add or remove features, resolve software bugs or address security concerns). These updates and upgrades may result in the Platform being temporarily unavailable. In certain circumstances, we may need to suspend, withdraw or disable the Platform for longer periods while we deploy these updates and upgrades.In those cases, we will try to provide notice, but it may not always be possible (for example for reasons beyond our control, or if there is an emergency security issue).

Updates and upgrades to our apps may be automatically deployed if they are enabled in your device or app settings. You may turn automatic updates off via your device or app settings, although we would always recommend that you have the latest version of the app installed. If you do not install any update or upgrade then all of the functionality and features of the Platform may not be available to you.

Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in respect of the Platform and in all data, material and content published on it.

Your use of the Platform and software, as authorized by these Terms, grants you no rights in relation to our, or our licensors', intellectual property rights except as expressly specified below.

In return for your acceptance of these Terms, we grant you a non-exclusive license to use thePlatform on any device that you own or control. This license is for your personal use only (meaning it may not be used for commercial use or gain) and is non-transferrable (meaning it cannot be given to anyone else). This license ends without notice when you stop using thePlatform and when you no longer have any of our apps installed on your devices, or otherwise when we tell you we are terminating it.

You grant RIDING 5 a non-exclusive, royalty-free, perpetual right to use any content you submit through the Platform (including ratings, reviews, comments, images, videos, or any other type of media) in any manner or media now or later developed, for any purpose, commercial,advertising, or otherwise. This includes the right to use, copy, modify, adapt, publish, translate, transform, create derivative works from, sell, and/or distribute such content. You acknowledge that your content may be used and shared by us with third parties.

You further unconditionally and irrevocably waive, and consent to conduct that may otherwise in fringe, any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your content that you have submitted through the Platform. In particular, you consent to any amendments, deletions from and use of your content, including any that fail to attribute any authorship to you.

If you provide us with any ideas, proposals, suggestions or other materials relating to the Platform, or any other RIDING 5 Products or services, we may use the feedback in any manner for any purpose without restriction or compensation to you.

Copyright Infringement Claims

If you believe in good faith that materials available on the Platform infringe your copyright, you may send us a written notice by mail or e-mail, requesting that RIDING 5 remove such materialor block access to it.

Notices and counter-notices must be sent in writing to RIDING 5’s DMCA agent as follows:

US users must comply with the “Elements of Notification” requirements set forth in 17 U.S.C. § 512. Please include as much detail as possible to allow us to identify the facts or circumstances, including, where possible:

· A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyrighted works that you believe are being infringed;

· Specific identification and description of each copyrighted work you believe to have been infringed; if the copyrighted work is registered, please provide a copy of the copyright registration;

· A description of where the infringing material is located (please be as detailed as possible and provide a URL or screenshot to help us locate the material you are reporting);

· Contact information for the complaining party, such as a complete name, address, telephone number, and email address;

· A statement that the complaining party has a good faith belief that use of the copyrighted work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

· A statement that the information in the notification is accurate, and that the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.

Upon receipt of your written notice, we will investigate the allegation and remove the complained-of material at our sole discretion. Our US users can refer to http://www.copyright.gov/ for details on available procedures.

Acceptable Use Policy

You may only use the Platform for lawful purposes. In addition, you may not:

· Use the Platform in a way which infringes the rights of anyone else or restricts or inhibits anyone else's use or enjoyment of the Platform;

· Use the Platform in any way that interrupts, damages, impairs or renders the Platform less efficient or useful;

· Copy, modify, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any software (including source code), databases and other technology that forms part of the Platform (or authorize, encourage or assist any other person to do so);

· Knowingly transmit any data that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful program or similar computer code designed to adversely affect the operation of any computer software or hardware;

· Penetrate or attempt to penetrate the Platform’s security measures; or

· Introduce anything which alters the performance of the Platform or any of our Products.

Third Party Services & External Links

The Platform may show or direct you to listings, descriptions, and images of products or services offered by third parties, as well as promotions, coupons, or discounts for those products. We try to keep this content error-free, but RIDING 5 does not warrant that such listings, descriptions or images are accurate, complete, reliable, current, or error-free or that products of third parties comply with applicable laws.

The Platform may allow you to access or interact with apps, websites, materials, products or services made available by others (“Third-Party Services”). By connecting to Third-Party Services, you acknowledge and agree that we may exchange information and data with the Third-Party Services, including as described in our Privacy Policy. We do not control, endorse, and are not responsible for, any Third-Party Services, including their accuracy, integrity, quality, legality, usefulness or safety. Except as required in your country/region, RIDING 5 has no obligation to and will not monitor Third-Party Services, and may block or disable access to them at any time without notice. You should contact the operator of the Third-Party Services with any questions about their Third-Party Services.

Your use of Third-Party Services is at your own risk and subject to any terms, conditions and policies applicable to such Third-Party Services.

OUR LIABILITY – DISCLAIMERS & LIMITATIONS

The Platform and all information, software, Products, services and content available on the Platform are provided to you “as is” and without warranty. RIDING 5 and its officers, employees, agents, partners and licensors hereby disclaim, to the fullest extent permitted by law, all warranties with regard to the foregoing, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non infringement. RIDING 5 and its officers, employees, agents, partners and licensors make no warranty that (a) the Platform will meet your requirements; (b) the Platform will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the Platform will be accurate or reliable; (d) the quality of any Products, services, information or other material purchased or obtained by you through the Platform will meet your expectations; and (e) any errors in the Platform will be corrected.

To the greatest extent allowed by law, you expressly agree and hereby release RIDING 5, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (the “Released Parties”) from any and all liability connected with your use of the Platform or Products, and promise not to sue the Released Parties for any claims, actions, injuries, damages, or losses associated therewith. To the greatest extent allowed by 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, or any loss of profits, loss of business, business interruption, loss of business opportunities, or loss of goodwill arising out of or in any way connected with your use or misuse of the Platform or any equipment, programs, Products, or services offered, created or licensed by RIDING 5, whether based on contract, tort (including negligence), strict liability or otherwise, even if RIDING 5 has been advised of the possibility of damages.

You assume total responsibility for your use of the Platform. If you are dissatisfied with the Platform, and/or any of its functionality or content, your only remedy against RIDING 5 for any damage or loss which is in any way connected with the Platform, and/or any of its functionality or content, is to stop using the Platform. Notwithstanding the foregoing, if RIDING 5 is found to be liable to you for any damage or loss which is in any way connected with your use of this Platform or any content thereon, RIDING 5’s liability shall not exceed One Hundred Dollars ($100.00 USD).

Applicable law may not allow the limitation or exclusion of implied warranties, liability, or incidental or consequential damages, so some or all of the above limitations and exclusions may not apply to you.

You expressly agree that RIDING 5 is not providing medical advice via the Platform. The content provided through the Platform, whether provided by us or by other account holders or Third Parties, is informational and is not intended to be and should not be used in place of medical advice.

Arbitration

As used in this Arbitration provision, “you” and “your” includes you, your heirs, survivors, representatives, subsidiaries, affiliates, agents, and employees, predecessors in interests, successors and assigns.

Dispute Resolution and Applicable Law.

You and RIDING 5 agree all disputes regarding these Terms, your use of the Platform, or purchase of Products on our website(s) (the “Claim(s)”) shall be resolved by binding arbitration, which is an alternative to a trial by jury. You and RIDING 5 agree to waive their right to a jury trial and instead participate in final and binding arbitration. This includes all claims regarding purchase of Products, privacy, use of RIDING 5’s website, personal injury and products liability claims. The only exception is for Claims which either you or RIDING 5 elect to submit to Small Claims Court.

The arbitration shall be before a single arbitrator who is a retired judge in the United States county or judicial district where you reside at the time of filing the Claim. The arbitration shall be conducted in accordance with the Rules of the American Arbitration Association (“AAA”, www.adr.org) then in effect. AAA will decide which of its rules are applicable to the dispute submitted to arbitration. RIDING 5 will pay the filing fee for the arbitration regardless of which party commences arbitration. Each party shall bear its own attorney’s fees and costs in the arbitration, including all fees charged by the arbitrator and/or AAA, with the exception of the AAA filing fee.

If the Claim arises in the USA, the applicable law shall be the law of the jurisdiction where the arbitration is to occur, without reference to federal law or the jurisdiction’s conflict of laws provisions. Unless specified otherwise in the Location-Specific Terms below, if the Claim arises outside the USA, California law shall apply (without regard to its conflict of laws provisions) and the location of the arbitration shall be Santa Clara County, California.

The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the construction, interpretation, validity, performance, applicability, enforceability or formation of this agreement to binding arbitration (“Arbitration Agreement”) including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. Any decision or award shall be final and binding on you and RIDING 5 and shall not be subject to appeal or review by any court of tribunal. Judgment upon any award rendered in the arbitration may be entered in any court having jurisdiction. The arbitration may proceed by default as to any party that does not appear in the arbitration and/or at the arbitration hearing or any portion of it.

You and RIDING 5 agree the arbitration proceeding will be kept confidential and the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, submissions, awards, or materials exchanged in discovery) will not be disclosed beyond the arbitration proceedings, except as may be lawfully required in judicial or regulatory proceedings relating to the arbitration, or as specifically permitted by law. This Arbitration Agreement does not preclude you or RIDING 5 from seeking action by federal, state, or local government agencies, nor from seeking provisional or injunctive relief from a court of competent jurisdiction.

Neither you nor RIDING 5 may act as a class representative, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated but may consolidate Claims of individuals which arise from the same accident resulting in alleged personal injury.

It is agreed that the language in these Terms shall be interpreted as to its fair meaning and not strictly for or against any party.

You may opt out of this Arbitration Agreement (“Opt-Out”) by mailing a letter to: info@riding5.com

The letter must be mailed within 30 days of the date you signed up for a RIDING 5 account or made a purchase on the RIDING 5 website, as the case may be (each an “Order”). You should keep evidence of mailing. The Opt-Out letter must include the Order number(s) to which the letter applies and the name, address, e-mail address and phone number of the person or entity opting out of this Arbitration Agreement. This data must match the information provided to RIDING 5 when signing up for an account and/or placing an Order. The Opt-Out letter will not be effective for any Orders subsequently placed.

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, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA’S RULES, THE RIGHT TO APPEAL AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THE PARTIES WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.

Changes

From time to time, we may change these Terms. You are responsible for regularly reviewing these Terms, and your continued use of the Platform following any changes to these Terms indicates your acceptance of those changes.

App Store Terms

The availability of parts of the Platform may depend on the third-party platforms from which you download the App, such as the Apple App Store or Google Play (each an “App Store”). You acknowledge and agree that these Terms are between you and RIDING 5, and not with the operator of an App Store. The App Store provider is not responsible for maintenance or other support for the Platform. You also agree to comply with any App Store terms and conditions. To the extent that any App Store terms and conditions are less restrictive than or otherwise conflict with these Terms, these Terms shall govern.

Miscellaneous

If any term, or part of a term, of these Terms is disallowed or found to be unenforceable by any court or regulator, the other provisions shall continue in full force and effect.

The failure of you or RIDING 5 to enforce our respective rights under these Terms at any time for any period shall not be construed as a waiver of such rights.