Introduction
Welcome to the Artudatech® Bike, Electric Scooter website (the “Site”). This Site is owned and operated by Artudatech® (“Artudatech” or “we” or “us” or “our”). These Terms of Use (“Terms”) govern your access to and use of the Site and constitute a binding legal agreement between you and Artudatech. Please read these Terms carefully before using this Site.
By accessing or using this Site, you represent that you have read, understand, and agree to be bound by these Terms as well as our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you have no right to access or use this Site and should leave this Site immediately.
We may revise these Terms at any time by updating this page. Your continued use of this Site constitutes your acceptance of any revised Terms. You should visit this page periodically to review the current Terms.
Use of the Site
The content on the Site is for informational purposes only. You may download, print, and store selected content from the Site for your own personal, non-commercial use only. You agree not to change or modify the content or remove any copyright or other notices from copies of materials from this Site. The downloading, printing, or storing of Site content for other than personal, noncommercial use is strictly prohibited without the express written permission of Artudatech.
The Site contains proprietary trademarks and copyrighted materials, including text, graphics, logos, icons, images, clips, downloads, and software. You agree not to copy, distribute, modify, publish, transmit, publicly display, publicly perform, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Site content. The use of any Site content not owned by Artudatech is prohibited, unless you obtain express permission from the content owner for such use.
User Conduct
In using or accessing this Site you agree:
- Not to disrupt or interfere with the security or use of the Site or any services offered on the Site;
- Not to upload, post, or otherwise transmit any content that contains software viruses or other harmful computer code;
- Not to collect or harvest any personally identifiable information, including account names, from the Site;
- Not to use the Site for commercial purposes, including advertising or solicitation;
- To comply with all local rules and laws regarding your use of the Site.
We reserve the right to terminate your right to access or use the Site if you violate these Terms or for any reason whatsoever.
No Professional Advice
The content available on this Site is for informational and educational purposes only. You should not construe any such information or other material as business, financial, medical, health, legal, tax, or other such professional advice. Nothing contained on this Site constitutes a solicitation, recommendation, endorsement, or offer by Artudatech or any third party provider to buy or sell any products or services or to provide any financial, medical, health, legal, tax, or other professional advice. You should seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, products, services, or other content available on or through this Site.
Product Information
We make efforts to provide accurate descriptions of products available on the Site. However, we do not warrant that such descriptions or other Site content is complete, reliable, accurate, current, or error-free. If a product offered on the Site is not as described or pictured, your sole remedy is to return it, unused, in its original packaging for a refund of the purchase price.
Features, specifications, and prices of products are subject to change without notice. While we make reasonable efforts to accurately display colors, the actual color you see depends on your monitor and we cannot guarantee that your monitor’s display of any color will accurately reflect the color of the product on delivery. We reserve the right, in our sole discretion, to limit quantities purchased per person and to refuse service. Your order is subject to cancellation by Artudatech at any time.
Online Purchases
If you wish to purchase any product or service made available through the Site (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, phone number, email address, credit card information, and geographic location. Any such information will be treated in accordance with our Privacy Policy, but you agree that we may use such information to contact you in connection with your Purchase and as permitted by law.
After you place an order for a Purchase, we will provide you with an order confirmation email detailing the product(s) you have ordered. Your receipt of an order confirmation, however, does not constitute our acceptance of your order. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include inaccuracies or errors in product or pricing information or unavailability of products. We will contact you if all or any portion of your order is canceled or if additional information is required to accept and process your order.
Payments
All Payments are processed by third-party payment processors (e.g., Stripe, PayPal). We do not directly process or store your credit card information. The processing of payments will be subject to the terms, conditions, and privacy policies of the applicable third-party processor in addition to these Terms. We are not responsible for errors made by or the performance of the third-party processor.
Refunds
Generally, all sales are final and no refunds or exchanges will be provided. However, we will consider requests for refunds or exchanges on a case-by-case basis. Please contact us with details regarding the reason for your refund or exchange request. If we approve your request, refunds will be issued to the original form of payment used to make the Purchase. You will be responsible for any shipping costs associated with returns or exchanges.
Shipping and Delivery
When you purchase a physical product, shipping and delivery terms will be provided at the time of purchase on the checkout page. We make efforts to provide delivery estimates, but cannot guarantee them. You will be notified of any material changes to such estimates via email. Title and risk of loss for products pass to you upon delivery to the carrier.
International Orders
We currently only ship products within the United States. Any orders shipping outside of the United States will be canceled.
Taxes
Applicable taxes may be applied to Purchases. You are responsible for compliance with the laws of the jurisdiction from which you make a Purchase, including regarding taxes, import duties or other assessments.
Intellectual Property Rights
The content on this Site, including without limitation, the text, software, graphics, logos, icons, images, clips, downloads, patents, trademarks, service marks, trade names, photos, videos, designs, copyrights, buttons, advertisements, and ideas (the “Intellectual Property”) is the exclusive property of Artudatech and its licensors and is protected by U.S. and international copyright laws.
The compilation (meaning the collection, arrangement, and assembly) of all content and other materials on this Site is the exclusive property of Artudatech and is protected by U.S. and international copyright laws. All software used in this Site is the property of Artudatech or its licensors. The Intellectual Property may not be reproduced, copied, modified, leased, loaned, sold, assigned, distributed, transmitted, or transferred to any third party. Your use of the Intellectual Property, except as provided in these Terms, without the express written permission of Artudatech is strictly prohibited.
You are granted a limited, non-exclusive right to access and make personal use of the Site and its Intellectual Property. This license grant does not include any resale or commercial use of the Site, any derivative use of the Site or its contents, or any downloading or copying of information for the benefit of another merchant. No right, title, or interest in any Intellectual Property is transferred to you as a result of your use of this Site. Artudatech reserves all rights not expressly granted in these Terms.
The Artudatech name and logo and other marks are trademarks belonging to Artudatech. Other trademarks, names, and logos on the Site belong to their respective owners. Unless otherwise specified, no third party may use any trademark displayed on this Site without the express written permission of the trademark owner.
Copyright Complaints
Artudatech respects the intellectual property rights of others. If you believe your copyrighted work has been reproduced on this Site without authorization in a manner that constitutes copyright infringement, please notify us at [email protected] with the following information:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed to be infringed, a representative list of such works.
- Identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on this Site.
- Your name, address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- Your electronic or physical signature.
We will review any notice of copyright infringement and take appropriate action.
Disclaimer of Warranties
Your use of this site and any products/services obtained from or through this site are entirely at your own risk. The site and services are provided “as is” and “as available” without warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, all of which are expressly disclaimed to the fullest extent permitted by law.
We make no warranties:
- That the site, products/services obtained from or through the site, or electronic communications sent from us are free of viruses or other harmful components.
- That the site, products/services will meet your requirements.
- That the operation of the site will be uninterrupted, timely, secure or error-free.
- That defects or errors on the site will be corrected.
- That the site or server that makes the site available are free of viruses or other harmful components.
Any material or content you download, access, or otherwise obtain from or through this site is accessed and used at your own risk. We are not liable or responsible for any damage to your computer system, mobile device, or other property or for any loss of data resulting from your access or use of the site or your downloading of any materials or content through the site, whether due to viruses, errors, inaccuracies, omissions, defects, incompatibility of content, delays, interruptions, non-deliveries, mis-deliveries, or any other failure or problem.
All content and functionality on the site are provided with all faults and without warranty of any kind. We disclaim any and all warranties and representations to the fullest extent permissible pursuant to applicable law. We do not warrant that any functions contained in the site content will be uninterrupted or error-free, that defects will be corrected, or that the site and the server that makes it available are free of viruses or other harmful components.
We cannot and do not guarantee continuous, uninterrupted or secure access to the site. Numerous factors may interfere with or cause interruptions of the site access, including if (for example and not by way of limitation) any portion of the site is undergoing repair, maintenance or upgrade; when systems require maintenance or upgrades; for other technical or traffic reasons; when accidents, power outages or other technical failures occur; or due to natural disasters or other acts of God. You also understand that increased numbers of users, frequency of use, technological difficulties, system capacity and other technical and systemic issues may further impair access to the site.
You further understand that full and reliable access to and use of the site requires an adequate and uninterrupted supply of electrical power and access to adequate transmission services and/or equipment. Artudatech does not guarantee such an uninterrupted power supply or access to transmission services or equipment.
No advice or information, whether oral or written, obtained by you from Artudatech through or from the site shall create any warranty not expressly stated herein.
Limitation of Liability
Under no circumstances, including negligence, shall we be liable for any direct, indirect, incidental, special, punitive, or consequential damages that may result from the use or inability to access the site, including without limitation reliance by any user on any information obtained from this site, or that result from mistakes, omissions, interruptions, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of god, communication failure, theft, destruction or unauthorized access to our records, programs or services. Your access and use of this site is at your own risk.
Under no circumstances shall our aggregate liability to you exceed the purchase price paid by you to us for online content or services giving rise to such liability. You agree that this limitation of liability represents a reasonable allocation of risk. This limitation of liability applies to any acts, omissions, and negligence of Artudatech and its third-party providers that may give rise to a cause of action, regardless of the basis of the cause of action.
Indemnification
You agree to defend, hold harmless, and indemnify Artudatech and its subsidiaries, affiliates, officers, directors, agents, partners, contractors, employees, licensors, and licensees from any claim or demand made by any third party, including costs or legal fees, due to or arising out of your breach of these Terms or your violation of any law or rights of a third party. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with us in that event.
Dispute Resolution and Arbitration
Any controversy or claim arising out of or relating to these Terms or the Site shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The place of arbitration shall be New York, New York. The arbitrator shall have no authority to award damages excluded by these Terms and shall follow substantive law in making the award. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.
Governing Law
These Terms are governed by the laws of the State of New York without regard to conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located in New York and waive any jurisdictional venue or inconvenient forum objections to such courts, provided that Artudatech may seek injunctive relief in any court of competent jurisdiction.
Severability
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
No Waiver
Our failure to enforce any provision of these Terms will not be considered a waiver of that or any other provision. No waiver of any of these Terms will be deemed to be a further or continuing waiver of such term or any other term.
Entire Agreement
These Terms constitute the entire agreement between you and Artudatech relating to their subject matter and supersede any prior understanding or agreement regarding the subject matter.
Contact Us
If you have any questions about these Terms, please contact us at:
Artudatech® Bike, Electric Scooter
[email protected]
New York, NY 10001