Effective Date: January 01, 2021
Introduction and Overview. Welcome to GoPaceXL. We prepared these Terms of Service to help explain your rights and our rights relating to the provision of our Services.
The GoPaceXL websites, including our branded websites at https://www.GoPaceXL.com/, https://www.6ku.com/, and https://www.populo.com/ (the “Sites”), related mobile applications (“Apps”), and any other sites or apps that connect to these Terms of Use, and services (collectively, the “Services”) are made available to you by Rainy Day Accounting Group, Inc. (herein “GoPaceXL,” “we,” “us,” or “our”), a Ohio corporation located at Northfield, OH 44067, USA.
These Terms of Use (the “Terms” or the “Agreement”) form a binding legal agreement between you and GoPaceXL. If you are located in a jurisdiction outside the European Economic Area, by using our Services, you also accept the GoPaceXL Privacy Policy, as it is incorporated into and forms part of this binding Agreement.
BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, 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 SERVICES.
PLEASE READ THIS AGREEMENT CAREFULLY—IT AFFECTS YOUR RIGHTS.
- ARBITRATION, CLASS ACTION, AND JURY TRIAL WAIVER. 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.
- CHANGES TO THE TERMS OF USE. We may change, modify or amend these Terms of Service from time to time. We will notify you of material changes to these Terms of Service by posting the amended terms on the Service before the effective date of the changes. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms of Service 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.
- CONTINUED USE CONSTITUTES ACCEPTANCE OF THE TERMS. Your continued use of our Services, including your continued use after any changes to the Terms as noted above, will constitute acknowledgement of the new Terms and your agreement to abide and be bound by any modifications to them.
1. Registration and Accounts
The Services are intended solely for persons who are 16 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
Affirmative Representations. When you use the Services 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 Services 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 GoPaceXL may use your Member Data to provide 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 GoPaceXL has reasonable grounds to suspect that such Member Data is inaccurate or not current, GoPaceXL has the right to suspend or terminate your account and refuse current or future use of the Services.
Your Responsibilities and Security. 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 Services. 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 Services or its contents. You agree to immediately notify GoPaceXL 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 GoPaceXL.
You may register for or log-in to your account via a third-party network, such as Facebook or Google. If you do so, you hereby authorize GoPaceXL to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.
By virtue of certain of the Services connecting to the Google Maps API, you hereby agree to be bound by the Google Maps/Google Earth Additional Terms of Service.
2. User Content
User Content. You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“User Content”), whether publicly posted, privately transmitted, or submitted through a third party API (e.g. a photograph submitted via Instagram). Public segments and routes created by using the Services are not considered User Content. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any User Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you contact us in writing, as described in the “Contact Us” section below, and state that this license is revoked and that we may not use your User Content in new creations or reproductions going forward.
Your Entire Responsibility for Your User Content. You understand that you, and not GoPaceXL, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Services. GoPaceXL does not proactively and routinely screen or monitor the User Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such User Content. GoPaceXL may, in its sole discretion, screen, monitor, refuse or remove any User Content, or remove any User Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will GoPaceXL be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content made available on the Services. You agree to bear all risks associated with the use of any User Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such User Content. You agree that GoPaceXL is not responsible for, and does not endorse, User Content posted on the Services. If your User Content violates these Terms, you may bear legal responsibility for that User Content. As between you and GoPaceXL, any User Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content.
Privacy of Your User Content Determined by Your Settings. The Services may provide you with the ability to mark certain User Content that you submit to the Services as private, public, or available only to select users of the Services. GoPaceXL will maintain the privacy of such User Content in accordance with your elections. However, if you do not elect to mark your User Content as private or available for a limited group of members, or later change such designation to allow such Content to be made available to anyone, you are responsible for the public nature of the content. Please review the Privacy Policy on the respective GoPaceXL Site for more information on how to manage your privacy controls.
Permission to Use Your Profile Name, Likeness. You give us permission to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third party products, services, or devices, in ads, offers and other commercial contexts on the GoPaceXL service without compensation to you. For example, we may show your GoPaceXL followers that you use a certain device, product, or service available from a brand that has paid us to display its ads on GoPaceXL. You may adjust settings to prevent your profile name and profile photo from appearing in an ad.
3. Conduct
We expect you to honor the GoPaceXL Community Standards. 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 Services, use of the Services or access to Content (defined in Section 4). You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:
- Copying, framing or mirroring any part of the Services;
- Accessing the Services to monitor its availability, performance or functionality;
- Permitting any third party to access the Services;
- Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to GoPaceXL;
- Publishing, transmitting, distributing or storing content, material, information or data that: (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (3) 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); or (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);
- Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of GoPaceXL internet protocol space;
- Avoiding payment of charges or fees payable by you with respect to the Services;
- Committing any act that may be harmful to minors;
- Distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
- Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to GoPaceXL than a human can reasonably produce in the same period of time by using a conventional web browser;
- Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- Collecting or harvesting any information relating to an identified or identifiable individual, including account names and information about users of the Services, from the Services;
- Using the Services for any inappropriate commercial solicitation purposes;
- Accessing any content on the Services through any technology or means other than those provided or authorized by the Services;
- Submitting to the Services or to GoPaceXL any personal information, except as necessary for the establishment and operation of your account;
- Submitting to the Services or to GoPaceXL any information that may be protected from disclosure by applicable law;
- Bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
- Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability;
- Removing any copyright, trademark or other proprietary rights notices contained in or on the Services; or
- Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you.
You understand that use of certain features of the Services may require you to purchase third party equipment or materials (e.g., GPS systems). While GoPaceXL may recommend the equipment or materials of certain third party suppliers, GoPaceXL shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.
You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Services.
You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the User Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your User Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you post on or through the Services.
4. Proprietary Rights
Copyright Notice. This copyright notice applies to the entirety of the Services. All content on the Services are the sole property of GoPaceXL and is protected under U.S. and international copyright laws. GoPaceXL reserves all rights to the content contained herein. The content of this website or any Internet site owned, operated, licensed, or controlled by GoPaceXL 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 GoPaceXL. The use of any GoPaceXL 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.
Non-User Content is the Property of GoPaceXL. All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Sites (the “Content”) are protected intellectual property of, or used with permission or under license by us. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Content of each Site, copyrighted and protected as a collective work. All intellectual property rights associated with the Sites and/or Services, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Sites and/or Services. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on any Site is strictly prohibited.
Your Limited License in the Sites and GoPaceXL Content. 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 the rights owner, 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 Services. 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.
Your Feedback. We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to GoPaceXL a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send GoPaceXL any Feedback that you do not wish to license to us as set forth above.
5. Interactions with Members; Referrals; Affiliate Program
The Services function as a venue to connect members in a virtual information place. As a neutral facilitator, GoPaceXL is not directly involved in the actual interactions between members of the Services. As a result, GoPaceXL has no control over the truth, accuracy, quality, legality, or safety of postings made by members of the Services. GoPaceXL shall have no responsibility to confirm the identity of members. GoPaceXL shall also have no responsibility to confirm or verify the qualifications, background, or abilities of members of the Services. You shall at all time exercise common sense and good judgment when dealing with any member of the Services.
If you elect to use our features to inform your contacts about the Services, track your activities, or share your information with others, GoPaceXL may require you to provide contact information. GoPaceXL may contact that friend via a one-time email or text message. You represent that you are authorized to provide any third party contact information that you provide to GoPaceXL, that you are authorized to use such information to contact (including for GoPaceXL to contact on your behalf) the third party and that GoPaceXL may process it pursuant to the.
Please note that we also have an Affiliate Program, which makes it easy for cycling enthusiasts to turn their passion for the sport into commissions on qualifying sales by linking their website or app with thousands of GoPaceXL’s products. For more information or to apply, please visit https://www.GoPaceXL.com/pages/affiliate-program.
6. Electronic Communications
The Services may provide you with the ability to send or post messages to forums or chat rooms, speak via internet voice connections or send similar messages and communications to third party service providers, advertisers, your personal contacts, other members and/or GoPaceXL.
By using communications methods available on the Services, you agree that:
- all communications methods constitute public, and not private, means of communication between you and the other party or parties;
- communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by GoPaceXL (unless expressly stated otherwise by GoPaceXL)
- communications are not routinely pre-reviewed, post-reviewed, screened, archived or otherwise monitored by GoPaceXL in any manner, though GoPaceXL reserves the right to do so at any time at its sole discretion;
- that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing;
- you will use communication methods available on the Services only to send communications and materials related to the subject matter for which GoPaceXL provided the communication method;
- all such communications by you shall be deemed your User Content and shall be subject to and governed by the Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable).
7. Gift Cards
Purchasing and Using a Gift Card. On some Services, you may purchase and/or otherwise receive a gift cards or gift certificates, including electronic versions of both (“Gift Cards”), through the Services. Gift Cards may be redeemed in our brick and mortar stores or on the Services. For use of Gift Cards online, redemption will result in the application of a credit to your Account in the amount of the Gift Card balance. Any Gift Card balance will be applied toward your purchase of until the Gift Card is depleted.
Not Redeemable for Cash. 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 Ohio. To make a request to redeem a Gift Card with a balance of under $10.00 in Ohio, please contact us as described below In the “Contact Us” section.
Lost or Stolen Gift Cards. We are 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 where we suspect that the Gift Card was obtained fraudulently. If you suspect someone has copied or stolen your Gift Card, please contact us immediately.
8. Promos and Discounts; Loyalty or Rewards Program
Promos and Discounts. Our Services 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, promo codes and discounts cannot be combined with other offers or used with subscription orders. Only consumers can use promo codes, they cannot be used by resellers, wholesalers, practitioners, or the like. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible on the Site.
Loyalty or Rewards Program. We currently do not have a loyalty o rewards program but we may at some time in the future offer the benefit. When offered, some of our Sites may also offer a Loyalty or Rewards Program (“Rewards Program”). If you elect to opt-in to our Rewards Program this section applies to you, as do any terms in this Agreement corresponding to the Rewards Program.
Eligibility and Suspension. Our Rewards Program is only open to legal residents of the United States who are at least sixteen (16) years old at the time of entry. Rewards Programs are void where prohibited. Corporations or other entities or organizations of any kind are not eligible to participate in Rewards Programs. You may only participate in a Rewards Program using one Account. 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. It is your responsibility to ensure any rewards or benefits you earn under a Rewards Program are accrued correctly.
Termination of Rewards Program. The Rewards Programs when started, will continue until we terminate them, which we may do at any time, with or without notice to you. Upon discontinuation of any Rewards Program you may lose all benefits under that 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
Disputes and Disclaimer. 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 “Disputes, 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.
WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND IN CONNECTION WITH ANY REWARDS PROGRAM, WHICH ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
9. Terms for Purchases
Transfer of Ownership to You. Title to all products ordered by you and risk of loss to such products will transfer to you at the time GoPaceXL delivers such products to the applicable shipping carrier. 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.
Updates to Ebike Parts. We reserve the right to change any component or part of our ebikes, or to change manufacturers of component parts without notice to you. Such changes, as well as any modification to the manufacture of our bikes, shall not constitute grounds for returning the product.
Battery and Range. Please note that there are many factors that contribute to the actual, real-world range of an ebike battery such as age of the battery, temperature, level of assist, speed, payload, and terrain. Any representation we make regarding the range for a particular ebike based on a full charge of its battery is an estimate, not a guarantee of such performance.
Alterations Void Warranty. Any alterations, modifications, or other changes made by you to an ebike following your purchase which affect the safety, operation, or mechanics of the ebike shall void any applicable product warranty and shall be at your sole risk of harm.
Financing. For qualified purchasers, ebikes may be financed through our consumer financing partners. The necessary qualifications for financing an ebike purchase, and your rights and obligations associated with such purchase, are solely determined by the financing partner. It is your responsibility to review and understand all terms and conditions associated with financing an ebike purchase, and you hereby acknowledge that GoPaceXL is no way responsible for any such financing.
10. Cancellations
Cancellation of Orders. You may cancel an order by contacting us via email or telephone, per the “Contact Us” section below. Cancellation is not confirmed until you receive a response from our customer support team.
Due to the speed at which we process orders (as quickly as possible) we will attempt but cannot guarantee that we will be able to cancel an order you placed on the Sites. After you have placed an order, we cannot change it, including for size or color reasons. Please make your selections carefully and reach out to our team for guidance to ensure you are choosing the right item.
Orders which have already been shipped (you have received a tracking number) cannot be changed or cancelled. Please see our Returns and Exchanges Policy in Section 13 below for return terms and instructions to send an order back for a refund, if desired.
Card Processing Fee. If you ask us to cancel an order after we have captured funds from your credit/debit card, (or after we’ve captured funds from your PayPal account) 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 cancelled order.
