Emerald Bay Bikes — Terms of Use

Last Updated: February 26, 2025

Welcome to Emerald Bay Bikes! Before using our website, mobile app, or any other online service (collectively, our “Services”), please take a few moments to read these Terms of Use (“Terms”). By using our Services, you agree to these Terms. If you do not agree — especially with the arbitration and class action waiver in Section 16 — please do not use our Services.

From time to time, we may also post Additional Terms for specific promotions, features, or services. If there’s ever a conflict between these Terms and any Additional Terms, the Additional Terms will apply for that feature or service.

You should also review our Privacy Policy, which explains how we collect, use, and protect your information.

1. Who Can Use Our Services

You must be at least 13 years old to use our Services. If you’re under 18 (or not a legal adult where you live), a parent or guardian must agree to these Terms on your behalf and take responsibility for your use of the Services.

2. Accounts & Security

  • Some parts of our site may require an account. Please use accurate and up-to-date information.
  • You’re responsible for maintaining your password and account security.
  • If someone else uses your account, you’re responsible for their actions.
  • We may reclaim usernames that violate trademarks or impersonate others.

3. Purchasing Products

a. Availability & Pricing

  • All products are subject to availability.
  • We may limit quantities or cancel orders when necessary.
  • Prices and promotions may change without notice.
  • We do our best to display accurate pricing, but mistakes can happen (see Section 3f).

b. Taxes
You’re responsible for all applicable taxes. We may collect and remit certain taxes at checkout, but in some areas, you may need to pay them directly to local authorities.

c. Payment

  • Use valid payment methods.
  • You authorize Emerald Bay Bikes to charge your chosen payment method for all purchases, including taxes and shipping.

If part of your order can’t be fulfilled, you’ll only be charged for the items shipped.

d. Shipping & Risk of Loss

  • Shipping and handling charges are shown at checkout.
  • Once we hand your package to the carrier, the risk of loss or damage passes to you (unless otherwise required by law).

e. Returns
See our Return Policy for details on returning or exchanging items.

f. Errors
If a pricing, description, or availability error occurs, we may cancel or correct your order and issue a refund if necessary.

g. Warranties
Many of our products are made by third-party manufacturers. Unless otherwise stated, items are sold “as is.” Manufacturer warranties may apply — see our Warranty Policy for more information.

4. License to Use Our Services

We own or license all content on our site — including text, images, videos, and logos. We grant you a limited, nonexclusive, revocable license to use our Services for your personal, noncommercial purposes.

You may not:

  • Copy, resell, or redistribute our content or products
  • Modify or reverse engineer any part of our Services
  • Remove any copyright or trademark notices
  • Use automated tools or bots to scrape or collect data

5. User-Generated Content

If you post reviews, photos, or other content, you retain ownership but grant Emerald Bay Bikes a perpetual, worldwide, royalty-free license to use, modify, display, and distribute your content across any media.

We may remove content at our discretion. You are responsible for ensuring your submissions don’t violate anyone’s rights or any laws.

6. Prohibited Activities

You agree not to:

  • Break any law or infringe others’ rights
  • Upload harmful, defamatory, or obscene content
  • Use our Services to harass, spam, or defraud others
  • Interfere with or disrupt our systems or servers
  • Use bots or automated tools to collect data
  • Impersonate another person or company

7. Links & Third-Party Content

Our Services may include links or content from other websites. Emerald Bay Bikes doesn’t control or endorse third-party content and isn’t responsible for their actions, products, or privacy practices.

8. Feedback

If you send us feedback, ideas, or suggestions, you agree we may use them freely — without acknowledgment or compensation.

9. Copyright Complaints (DMCA)

If you believe something on our site infringes your copyright, please contact us with a proper DMCA notice. Knowingly submitting false claims may result in liability.

10. Indemnification

You agree to indemnify and hold harmless Emerald Bay Bikes, its employees, and affiliates from any claims, damages, or losses resulting from your use of our Services or violation of these Terms.

11. Disclaimers

Our Services and all materials are provided “as is” and “as available.”
We make no guarantees that they will be error-free, secure, or uninterrupted.
To the extent allowed by law, we disclaim all warranties, express or implied, including merchantability or fitness for a particular purpose.

12. Limitation of Liability

To the fullest extent allowed by law:

  • Emerald Bay Bikes is not liable for any indirect, incidental, or consequential damages.
  • Our total liability for any claim is limited to the greater of $100 or the amount you paid for the product.

These limits don’t apply where prohibited by law.

13. Dispute Resolution & Arbitration

Except where prohibited by law:

  • You and Emerald Bay Bikes agree to resolve disputes through binding arbitration (not in court).
  • You waive your right to a jury trial or to participate in a class action.
  • Arbitration will be administered by JAMS under its streamlined rules.
  • You may opt out of arbitration within 30 days of accepting these Terms by emailing us your request.

Small claims court and intellectual property disputes may still be handled in court.

14. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules.
Disputes not subject to arbitration will be handled in the courts of South Lake Tahoe, California.

15. Termination

We may suspend or terminate your access to our Services at any time, without notice, for any reason. Upon termination, these Terms remain in effect as needed to resolve any outstanding obligations.

16. Changes to These Terms

We may update these Terms periodically. When we do, we’ll post the revised version with an updated date.
By continuing to use our Services after changes are posted, you agree to the new Terms.