PEDALYARD, INC.

Terms of Service

Updated as of May 11, 2023

Binding Terms of Service and Disclaimer

Welcome to pedalyard.com, which is owned and operated by PedalYard. Inc., a Florida corporation and its subsidiaries and affiliates (collectively, “PedalYard”).  This platform and any related websites and forums, chatrooms and blogs, and any other mobile applications provided through our platform are referred to collectively as the “Site”.  The following terms of use (“Terms”) set forth the rules that govern your use of the Site, the Sessions (as defined below) and any guides or methods or non-tangible products, software and Content (as defined below) offered by the Site (the “Services”) and the sale of Products (as defined below) through the Site. Please read these terms carefully. By accessing, using this Site or purchasing a Session, you agree that you have read, understand, and agree to be bound by the terms described in these Terms and all terms incorporated by reference.  If you are accepting this Agreement on behalf of an entity, you represent and warrant that you have the authority to do so.  PedalYard reserves the right to modify content on the Site and these Terms periodically without prior notice, provided that registered users will be provided fifteen (15) days prior notice of the new terms.  Any changes will become effective upon posting the changes, modifications, or revisions to the Site, along with the date on which it was most recently updated as indicated by the “Updated as of” date set forth above.  These Terms (as described below) provide that all disputes between you and PedalYard arising out of or relating to these Terms or your use of the Site will be resolved by binding arbitration, and for such disputes, you waive your right bring a class or representative action and to jury trials.

 

Terms of Purchase

Session Packages

(a) Sessions. PedalYard offers various packages which include one or more one-hour sessions (a “Session”) at any PedalYard location, and seven (7) day access for each Session purchased to our Content (as such term is defined below). The terms and prices of each Session package vary.

(b) General Payment Terms. Before you pay for the Session package, you will have an opportunity to review and accept the price that you will be charged. Unless otherwise agreed, all payments are in U.S. Dollars and are non-refundable. You agree that your purchases under this Agreement are neither contingent on the delivery of any future PedalYard location or the functionality or features or our Content.

(b) Price. PedalYard reserves the right to determine pricing for the Session packages. PedalYard may change the price for any feature of the Session package, including additional fees or charges. PedalYard, at its sole discretion, may make promotional offers with different features and different pricing to any of PedalYard customers. These promotional offers, unless made to you, will not apply to your offer or this Agreement.

 

IN ADDITION, BY PURCHASING ANY SESSION PACKAGE SOLD THROUGH THE SITE OR AT ANY OF THE PEDALYARD LOCATIONS, YOU HEREBY AGREE TO THE WAIVER INCLUDED AT THE END OF THESE TERMS.

Products sold through the Site

The following Terms of Purchase shall apply to balance bikes, first bikes, safety pads, helmets, gloves, and any other tangible product manufactured by third parties and resold by PedalYard through the Site, as well as other products sold through the Site including without limitation, the PedalYard Safe and Easy Step-by-Step and merchandise (such as clothing) sold by PedalYard (the “Products”).

 

Delivery

1. The Products will be delivered within a reasonable time after receipt of your purchase order, and payment.  

2. Unless otherwise agreed in writing by the parties, the Company shall deliver the Products to the location specified in the purchase transaction through the Site (the “Delivery Point”) using the Company’s standard methods for packaging and shipping such Products, unless otherwise agreed to by the parties. The date on which the Company shipped the Products shall be, with respect to such Products, the “Shipping Date.” You will take delivery of the Products immediately upon our written notice that the Products have been delivered to the Delivery Point.  The risk of loss and damage becomes your responsibility after the Products are delivered to the Delivery Point (e.g., F.O.B., Delivery Point).  You shall take title (at which time the sale is complete) and be responsible for risk of loss and obtaining insurance after the Products are delivered to the Delivery Point.  You will be responsible for assembling the Products.

Price. You shall purchase the Products from the Company at the price set forth in the Site. You shall be responsible for all sales, use and excise taxes, and any other taxes, duties and charges of any kind, provided that You shall not be responsible for any taxes imposed on, or with respect to, the Company’s income, revenues, gross receipts, personnel or real or personal property or other assets.

Payment Terms. You shall make the payment by credit card, or any other payment method accepted by the Company and in US dollars.

Cancellations and Returns.  You may cancel any purchase with 24-hour notice and may request a return of the Product within 7 days after the Product was delivered to you.

To initiate a return please contact us at info@pedalyard.com. The Company does not offer a refund for any shipping or delivery charges that you may have paid to receive the Product and will charge an additional return shipping fee on any returns of the Product. Please be advised that it may take up to 14 days from the pick-up date of your Product to process your refund. The Company is not responsible for failures or delays in pick-up due to weather, incorrect address provided, or circumstances outside the Company’s control. The Company is not liable and cannot take responsibility for any bank charges that you may incur during the refund process.

The Company’s Return Policy does not cover ordinary wear and tear, or damage caused by improper use or accidents.

If the Product is returned in damaged condition, with missing parts, or otherwise has signs of abuse, the Company reserves the right to refuse a refund or to charge additional restocking fees at the Company’s sole discretion.

With the exception of the PedalYard Safe and Easy Step-by-Step Method and merchandise (such as clothing), PedalYard does not manufacture any of the Products itself. PedalYard sells Products developed and manufactured by third parties. For the avoidance of doubt, PedalYard has no responsibility to you for enforcing any rights with respect to the Products or for any damages to your person, property or rights caused by such Products.

BY USING THE SITE, BY PURCHASING PRODUCTS OR BY RENTING PRODUCTS AT ANY PEDALYARD LOCATION, YOU AGREE TO HOLD PEDALYARD FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE (INCLUDING PHYSICAL HARM OR PROPERTY DAMAGE) THAT MIGHT ARISE OUT OF ANY PRODUCTS SOLD THROUGH THE SITE, RENTED AT ANY PEDALYARD LOCATION, OR ANY CONTENT PROVIDED BY THIRD PARTIES.  PEDALYARD IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR OTHER PARTY, INCLUDING THIRD PARTY PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES, PRODUCTS AND MERCHANDISE SOLD THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, EDUCATIONAL AND OTHER MATERIALS AND CONTENT ON OUR SITE AND PRODUCTS, MERCHANDISE AND SERVICES SOLD OR REFERRED THROUGH OUR SITE.   

IN ADDITION, BY PURCHASING ANY PRODUCTS AND SERVICES SOLD THROUGH THE SITE OR BY RENTING ANY PRODUCT AT A PEDALYARD LOCATION (INCLUDING PRODUCTS AND SERVICES FOR THE USE OF MINOR CHILDREN), YOU HEREBY AGREE TO THE WAIVER INCLUDED AT THE END OF THESE TERMS.

PedalYard may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to the Site, or any portion thereof; (2) change, revise, or modify the Services, Memberships, Content, or any portion thereof; (3) interrupt the operation of the Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or for any other purposes; (4) impose limits on certain programs, features, and services, or restrict your access to the Site or its Services, in whole or in part; and/or (5) terminate the authorization, rights, and license given above, upon which you shall immediately destroy all Content.

Privacy Policy 

We collect information that you specifically and knowingly provide and use technological measures to collect information about your use of the Site and Service. By using the Site, you consent to the collection, use, disclosure and retention of your personal information by or on behalf of PedalYard as explained in our Privacy Policy, as revised from time to time, and as otherwise permitted by applicable law. 

Content Ownership and Licensing

The Site and all content, information, and other materials featured, displayed, contained, and available on the Site, including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software (including object code, machine intelligence and search engines), and video clips, the trademark, trade dress, “look and feel”, pages, screens, content arrangement, application functionality and computer programs and digital media (“Content”) are owned by or licensed to PedalYard and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws under the United States and foreign laws.  All goodwill generated from the use of the Content will inure to our exclusive benefit.  Content may be subject to patent, copyright, trademark and other intellectual property protection. You may view, download, and print Content from the Site subject to the following terms and conditions: (a) the Content may be used solely for information purposes; and (b) the Content may not be modified or altered in any way.  You may not republish, distribute, prepare derivative works, or otherwise use the Content other than as explicitly permitted herein. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PedalYard without the express written consent of PedalYard. You may not use any meta tags or any other “hidden text” utilizing PedalYard’s name or trademarks without the express written consent of PedalYard. You may not use any PedalYard logo or other proprietary graphic or trademark as part of the link without express written permission. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the Site or its Content without express written permission.  You do not acquire any ownership rights to any content in the Site. Any unauthorized use terminates the limited license granted by PedalYard herein.

Reviews, Comments, Communications, And Other Content 

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information. Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any Content you communicate or submit to us or through the Site or otherwise will be considered non-confidential and non-proprietary.  By disclosing any such Content, you grant PedalYard a nonexclusive, world-wide, royalty-free, perpetual, irrevocable, and fully sublicensable license to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such Content throughout the Site and the world in any media. By disclosing any such Content information, you represent and warrant and agree that the Content is accurate, you own all rights to or have permission to use the Content that you submit, and that use of the content will not cause injury to any person or entity. You agree to indemnify, hold harmless and defend PedalYard, and its directors, officers, employees and agents from and against any action, claim, demand, dispute, or liability, including reasonable attorney’s fees and costs, arising from or relating to any allegation that the Content infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets. 

When leaving reviews, you must only comment on the level of professionalism, the interactions with or the performance of professionals you work with through the Site or at any PedalYard location, or your experience with the PedalYard Safe and Easy Step-by-Step Method. You must not submit reviews that may be considered harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, libelous, slanderous, profane, hateful, discriminatory, or otherwise includes objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability, or that is objectionable or which restricts or inhibits any other person from using or enjoying the Site. Any reviews submitted must be based on first-hand experience and accurate, honest and complete. You must not leave reviews for which any compensation has been received.

PedalYard reserves the right to reject or edit any information submitted to the Site at its sole discretion. PedalYard does NOT allow users to share profiles. If an account is found to be representing more than one individual, the account may be removed from the site without notice and there will be NO refund given for any unused portion of the membership, if applicable.

All of the above applies to all parts of our Site. Any information, opinion or comment made in it by third parties, is not the opinion, information or comment of PedalYard and PedalYard cannot be held responsible for it. If you believe that any information given in it is false, you may contact us. 

Prohibited Use and Access

You are prohibited from using or accessing the Site or its Content for any unlawful, obscene, or immoral purpose, or any purpose that is likely to cause liability to yourself or others, including without limitation:

• to solicit others to perform or participate in any unlawful or fraudulent acts;

• to violate any international, federal, or state regulations, rules, laws, or local ordinances;

• to infringe upon or violate or misappropriate the intellectual property, publicity, privacy or other proprietary rights of PedalYard or others;

• to post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, libelous, slanderous, profane, hateful, discriminatory, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability, or that is objectionable or which restricts or inhibits any other person from using or enjoying the Site;

• to exploit or harm minors, including by exposing them to inappropriate content or asking for personally identifiable information;

• to impersonate our company, or employees or any other person (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);

• to submit false or misleading information;

• to modify, adapt, translate, or reverse engineer any portion of the Site or its Content;

• to upload or transmit malicious code or viruses, or use the Site or any feature in any way that could interfere with the proper functioning or operation of, or disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks, or attack our Site via a denial-of-service attack or a distributed denial-of-service attack;

• to collect or track the personal information of others;

• to use the Site or any feature for any commercial purposes or for advertisements (except with our express written permission), chain letters, spamming, junk mail, solicitations, promotional materials, sales, pyramid or multi-marketing schemes, contests, sweepstakes or any other form of solicitation, or harvest or collect email addresses or other contact information of other users of the Site by electronic or other means (including to spam, phish, pharm, pretext;to spam, phish, pharm, pretext, or otherwise contact users of this Site);

• to use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, frame or mirror, or scrape the Content of this Site; or

• to interfere with or circumvent the security features of this Site, other websites, or the Internet.

Additionally, the systematic retrieval of data or other Content from the Services, whether to create or compile, directly or indirectly, a collection, compilation, database or directory, is prohibited absent our express prior written consent.

PedalYard reserves the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Site, Content, users, us, our brand, or any other person or entity, or that violates these Terms and/or applicable law.  We reserve the right to terminate your use of the Site for using or accessing the Site in our sole discretion, including following your violation of the prohibitions above or other requirements of these Terms.

Site Updates and Accuracy

We undertake no obligation to update, amend or clarify information on this Site, including, without limitation, pricing, or Product and Service information, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.

On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, product descriptions, or product shipping charges and transit times. We reserve the right to, at any time and without prior notice, correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site is inaccurate. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

This Section is not intended to limit any disclaimer contained in these Terms or the Privacy Policy.

Copyright Information 

All Content of this Web site are the copyright of PedalYard. All rights reserved. The Site and the Content within the Site are the property of PedalYard is protected by United States copyright laws and international treaty provisions. The compilation, organization and display of the Content as well as all software and inventions used on and in connection with this Site are the exclusive property of PedalYard. PedalYard reserves all rights in the Site and its Content not specifically granted in any agreements with PedalYard or in the Terms of Use. 

Trademark Information 

PedalYard and other marks indicated on our site are registered trademarks of PedalYard the United States and/or other countries. Other PedalYard marks, graphics, logos, page headers, button icons, scripts noted on the Site are PedalYard’s service marks, trademarks and trade dress and are the sole and exclusive property of PedalYard.  PedalYard’s service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits PedalYard and in connection with any service or product that is not sponsored, endorsed or produced by PedalYard.  All other trademarks not owned by PedalYard its clients, or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PedalYard or its subsidiaries. 

Limitations on Liability

YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; AND (2) THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE (INCLUDING CLAIMS RELATED TO ANY USER OF OUR SITE OR OTHER THIRD PARTY) EXCEED THE GREATER OF THE AMOUNT PAID TO PEDALYARD IN CONNECTION WITH YOUR USE OF OUR SITE OR THE SERVICES OR PURCHASES OR PRODUCTS DURING THE PRIOR 12 MONTHS, OR $1,000.

Disclaimer

ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS SITE (INCLUDING ANY PRODUCTS OR SERVICES PROVIDED OR REFERRED THROUGH OUR SITE) ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. PEDALYARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY PEDALYARD ON THE SITE (AND FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED OR REFERRED THROUGH OUR SITE) FOR YOUR INTENDED APPLICATION AND USE. PEDALYARD DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON, THROUGH OR OFF THE SITE MEET YOUR REQUIREMENTS. PEDALYARD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF PEDALYARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification 

You agree to indemnify, hold harmless and defend PedalYard and its managers, members, directors, shareholders, officers, employees and agents from and against any action, claim, demand, dispute, or liability, including reasonable attorney’s fees and costs, arising from or relating to: (i) your breach of these Terms; (ii) your negligence or willful misconduct; (iii) any allegation that the content infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets; (iv) in connection with your use of the Site or any hyperlinked Web site; (v) resulting from content you supply; or (vi) resulting from a dispute between you and another user or third party. 

Termination

The Terms will remain in effect until you cease to use the Site.  Notwithstanding the foregoing, all terms and conditions of these Terms that may require continued performance, compliance, or effect beyond the termination date of the Terms will survive termination of these Terms and will be enforceable by the parties. We may also terminate or amend these Terms at any time and may do so immediately without notice (provided that registered users will be given fifteen (15) days prior notice of changes to the Terms), and accordingly deny you access to this Site, if in our sole discretion, you fail to comply with any term or provision of these Terms. Upon any termination of these Terms, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as copies of such materials, whether made under these Terms or otherwise, unless otherwise permitted by separate written agreement with us.

Governing Law; Arbitration

This Agreement is to be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed wholly within such State, and without regard to the conflicts of laws principles thereof. 

All disputes arising out of or relating to these Terms (including its formation, performance, interpretation, applicability, enforceability, or alleged breach) or your use of our Site will be exclusively resolved under confidential binding arbitration held in Miami-Dade County, Florida in accordance with the rules and procedures of the American Arbitration Association (“AAA”). The parties shall request that AAA appoint a single arbitrator. The award rendered by the arbitrator will be binding and may be entered as a judgment in, and enforced by, any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal courts located in Miami-Dade County, Florida to enforce these terms or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.  

Waiver of Jury Trial.

EACH OF THE PARTIES HERETO HEREBY WAIVES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH OF THE PARTIES HERETO HEREBY (I) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (II) ACKNOWLEDGES THAT IT HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT, BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

Attorneys’ Fees

Should any litigation, arbitration, mediation or other legal proceeding be commenced concerning this Agreement, the prevailing party shall be entitled, in addition to such other relief as may be granted, to reimbursement of the prevailing party’s attorney’s fees and costs incurred in connection with such proceeding. 

Entire Terms and Conditions

These Terms, together with the Privacy Policy and any Waiver and Release signed by you for events held by PedalYard, contain the entire agreement between you and PedalYard with respect to the engagement relationship between you and PedalYard and supersede all prior agreements, undertakings, and commitments, whether oral or written.  We may unilaterally amend these Terms on a go forward basis after providing notice to you through the Site. 

Invalid Provisions

The invalidity or unenforceability of any paragraph or provision of these Terms shall not affect the validity or enforceability of the remainder of these Terms, or the remainder of any paragraph or provision. These Terms shall be construed in all respects as if any invalid or unenforceable paragraph or provision were omitted.

Successors and Assigns

These Terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective shareholders, partners, subscribers, directors, officers, heirs, successors, representatives, and assigns. You agree, for yourself and on behalf of your successors, heirs, executors, administrators, and any person or persons claiming under it, that these Terms and the rights, interests, and benefits hereunder cannot be assigned, transferred, pledged, or hypothecated in any way and shall not be subject to execution, attachment, or similar process. Any attempt to do so, contrary to these Terms, shall be null and void and shall relieve PedalYard of any and all obligations or liability hereunder.

Effect of Waiver

The failure of any party to insist on in any one instance or more upon strict performance of any of the terms and conditions hereof, or to exercise any right or privilege herein conferred, shall not be construed as a waiver of such terms, conditions, rights, or privileges, but same shall continue to remain in full force and effect. Any waiver by any party of any violation of, breach of or default under any provision of these Terms by the other party shall not be construed as, or constitute, a continuing waiver of such provision, or waiver of any other violation of, breach of or default under any other provision of these Terms.

Force Majeure

Neither party shall be in default by reason of any failure or delay in the performance of any obligation under these Terms where such failure or delay arises out of any cause beyond the control and without the fault or negligence of such party.

Binding Effect

These Terms shall be binding upon, and inure to the benefit of, PedalYard and its successors, assigns, heirs, legal representatives, executors, and administrators. 

Contact Information

If you have any questions regarding these Terms of Use, please contact PedalYard at info@pedalyard.com. 

NO RESPONSIBILITY FOR CONTENT, PRODUCTS, SERVICES, REPRESENTATIONS AND WARRANTIES

PedalYard assumes no responsibility and in no way make any representations, warranties, or covenants as to the accuracy of the information contained on the Site, in any of the pages or emails published in relation with PedalYard, or with respect to the Content or any products or services referred from our Site (including any of the following as it applies to other users or third parties).  You assume all liability for use of any information you find through PedalYard, the Site or any of its publications. The operators of PedalYard assume no responsibility and in no way make any representations, warranties, or covenants as to any contract, product or services, or any content or educational materials related to a product or services. None of the information contained in any PedalYard web page is confirmed or warranted by any party. Confirmation of information published herein is the sole responsibility of the publisher of such information. Qualification of all products and services is the sole responsibility of each party. 

No Service Guarantee 

PedalYard does not guarantee that PedalYard web site will be available one hundred percent (100%) of the time. PedalYard and its operators make no warranty or representation as to the provision of any product or service obtained through PedalYard. If PedalYard is unable to provide the promised level of service for any reason, including, but not limited to service outages, pandemic war, acts of God or negligence, neither PedalYard nor its owners or representatives will not be held liable for any costs or damages including, but not limited to, indirect, special, incidental, exemplary or consequential damages (including, without limitation, lost profits) related to these Terms or resulting from your use or inability to use the Site, arising from any cause of action whatsoever, including contract, warranty, strict liability, or negligence, even if PedalYard has been notified of the possibility of such damages. 

Notice

You consent to receive any and all communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may e-mail notices to: info@pedalyard.com.

Spamming Policy

PedalYard does not tolerate the sending of Unsolicited Commercial Email (SPAM). PedalYard reserves the right to cancel (without refund) any user that mentions PedalYard or any of its associated websites, URLs, or any associated PedalYard email address in any SPAM e-mail message or Usenet posting. You hereby agree that, with respect to the foregoing, PedalYard may determine what constitutes SPAM in its sole and absolute discretion. 

 

International Use

 

The Site is intended for visitors located within the United States. We make no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited.

 

Online Accessibility Statement

 

Our goal is to permit customers to successfully gather information and conduct business through our Site, including individuals with visual impairments that use screen readers to view this website. PedalYard has taken steps and is devoting resources to promote website accessibility. If you have difficulty accessing features or functions on this website, email us at info@pedalyard.com and we will work with you to provide the information you seek and/or call our customer service line at 1-833-KID-BIKE (543-2453)

 

We are committed to making our website accessible to everyone, including people with disabilities. We are working to improve the accessibility of our website and in the meantime, we have taken the following steps to make our website more accessible:  We have made sure that our Site is compatible with screen readers, so that people who are blind or have low vision can use it.  We have made sure that our Site has large text options, so that people with low vision can read it.  We have made sure that our Site has keyboard navigation, so that people who cannot use a mouse can use it.  We are working to make sure that all of the content on our website is accessible, including images, videos, and audio.

Activities Waiver and Release

In consideration of your desire to participate and/or permit one or more minor child (any and all minor child or children together, collectively, the “Minor”) for which you are the Minor’s parent or guardian, to participate in any activity included as part of your Sessions or participation in any PedalYard activity (the “Activity”) at any PedalYard location (the “Site”), and being given the opportunity to participate in the same;

 

You hereby agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by employees, volunteers, representatives or agents of the Company, or those persons working for or having authority over the Site, before, during and after the Activity;

 

You hereby, for yourself, any Minor that is accompanying you, your heirs, executors, administrators, assigns, or personal representatives (collectively, “Releasor”, or “You”, which terms shall also include the Releasor and any and all Minors accompanying you), knowingly and voluntarily enter into this Waiver and Release and hereby waive any and all rights, claims or causes of action of any kind arising out of or in any way connected to Releasor’s and/or the Minor’s participation in the Activity or the Site, or any Damages (as defined below) incurred in connection therewith; and

 

You hereby irrevocably release and forever discharge the Company, its affiliates, agents, attorneys, insurers, staff, volunteers, officers, directors, stockholders, employees, heirs, representatives, predecessors, successors and assigns, and the owner of or governmental agency managing, the Site, and their owners, affiliates, agents, attorneys, insurers, staff, volunteers, officers, directors, stockholders, employees, heirs, representatives, predecessors, successors and assigns (collectively, the “Releasees”), from and against any physical or psychological injury or other Damages (as defined below) that You or the Minors may suffer as a result of, or in any way connected to, your or the Minor’s participation in the aforementioned Activity, for any reason, and any inherent risks of participation in the Activity, the failure to warn the Releasor of the inherent risk of participating in the Activity, and the risk that the Minor, the other Activity participants or the Releasees may act in a negligent manner, even if any such Releasee was aware of such inherent risks or any conditions resulting in such Damages.

 

YOU ARE VOLUNTARILY ALLOWING THE MINOR TO PARTICIPATE IN THE ACTIVITY (AND/OR YOU ARE PARTICIPATING) AT YOUR OWN RISK AND THE MINOR’S RISK. THE ACTIVITY (INCLUDING BIKING AND TEACHING MINORS OR ADULTS TO RIDE A BIKE) IS AN INHERENTLY DANGEROUS ACTIVITY.  YOU ARE AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH (COLLECTIVELY, “DAMAGES”).   BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASEES IN A LAWSUIT FOR ANY DAMAGES, INCLUDING PERSONAL INJURY AND DEATH, TO YOUR MINOR OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY AND FOR ANY NEGLIGENCE OF THE RELEASEES.   YOU ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN, OF YOUR OR THE MINOR’S PARTICIPATION IN THIS ACTIVITY.

You further agree to indemnify, defend and hold harmless the Releasees from and against any and all claims, suits, demands, charges or actions of any kind whatsoever for Damages brought by you or anyone on your behalf or the Minor’s behalf, including attorney’s fees and any related costs.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A FULL AND GENERAL RELEASE OF LIABILITY. 

THIS WAIVER AND RELEASE, AND ANY DISPUTES RELATED HERETO (INCLUDING ANY DISPUTES RELATED TO THE ACTIVITY OR ANY INJURIES OR DAMAGES IN CONNECTION THEREWITH), SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA APPLICABLE TO CONTRACTS MADE AND TO BE PERFORMED WHOLLY WITHIN SUCH STATE, AND WITHOUT REGARD TO THE CONFLICTS OF LAWS PRINCIPLES THEREOF.  THIS WAIVER AND RELEASE SHALL CONSTITUTE THE COMPLETE UNDERSTANDING BETWEEN US AND SUPERSEDES ANY AND ALL PRIOR AGREEMENTS, PROVISIONS, REPRESENTATIONS, OR INDUCEMENTS, WHETHER ORAL OR WRITTEN.  IF ANY CLAUSE OR PROVISION OF THIS DOCUMENT OPERATES OR WOULD PROSPECTIVELY OPERATE TO INVALIDATE IT IN WHOLE OR IN PART, THEN ONLY SUCH CLAUSE OR PROVISION SHALL BE DEEMED DELETED, AS THOUGH NOT CONTAINED, AND THE REMAINDER OF THE DOCUMENTS SHALL REMAIN VALID AND ENFORCEABLE.

YOU HEREBY AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATING THIS WAIVER AND RELEASE AND THE ACTIVITY (INCLUDING WITHOUT LIMITATION, YOUR PARTICIPATION IN THE ACTIVITY OR DAMAGES OR BODILY HARM RESULTING THEREFROM) WILL BE EXCLUSIVELY RESOLVED UNDER CONFIDENTIAL BINDING ARBITRATION HELD IN MIAMI-DADE COUNTY, FLORIDA IN ACCORDANCE WITH THE RULES AND PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THE PARTIES SHALL REQUEST THAT AAA APPOINT A SINGLE ARBITRATOR.  THE AWARD RENDERED BY THE ARBITRATOR WILL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN, AND ENFORCED BY, ANY COURT OF COMPETENT JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT WILL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE.  NOTWITHSTANDING THE FOREGOING, PEDALYARD SHALL HAVE THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN STATE OR FEDERAL COURTS LOCATED IN MIAMI-DADE COUNTY, FLORIDA TO ENFORCE THESE TERMS OR PREVENT AN INFRINGEMENT OF A THIRD PARTY’S RIGHTS.  IN THE EVENT EQUITABLE RELIEF IS SOUGHT, EACH PARTY HEREBY IRREVOCABLY SUBMITS TO THE PERSONAL JURISDICTION OF SUCH COURT.  

 

YOU HEREBY GRANT THE PEDALYARD PERMISSION TO FILM YOU AND YOUR ACCOMPANYING MINORS AT ACTIVITIES AND TO USE, PUBLICIZE AND COMMERCIALIZE SUCH AUDIO AND VISUAL MEDIA, AND OUR NAME, IMAGE AND LIKENESS, IN ANY MEDIA FORMAT, INCLUDING SOCIAL MEDIA, AND GRANT PEDALYARD SOLE OWNERSHIP OVER SUCH MEDIA WITHOUT THE REQUIREMENT FOR PAYMENT OR LICENSE.

 

YOU HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS WAIVER AND RELEASE.

 

READ THIS FORM COMPLETELY AND CAREFULLY.  YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY.  YOU ARE AGREEING THAT, EVEN IF THE COMPANY AND THE OTHER RELEASEES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY PURCHASING A SESSION OR PARTICIPATING IN THE ACTIVITY, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM SUCH RELEASEES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO PURCHASE A SESSION OR PARTICIPATE IN THE ACTIVITY OR LET YOUR CHILD PARTICIPATE IN THE ACTIVITY.

Products Waiver and Release

By purchasing, using and/or allowing one or more minor child (any and all minor child or children together, collectively, the “Minor”) for which you are a parent or guardian to use any product or service (the “Products”) sold by PEDALYARD, INC., a Florida corporation (the “Company”), including through the Company’s website “www.pedalyard.com” (the “Website”), including without limitation those Products sold that are manufactured by third parties, and software and content you agree that you have read, understand, and agree to be legally bound by the terms described in this Waiver and Release. This Waiver and Release provide that all disputes between you and the Company arising out of or relating to the Products will be resolved by binding arbitration, and for such disputes, you waive your right to jury trials.  For clarity, the term Products shall include balance bikes, first bikes, safety pads, helmets, gloves, the PedalYard Safe and Easy Step-by-Step Method, and any other product sold by the Company through the Website. 

You hereby agree to observe and obey all posted rules and warnings on the Company’s Website or printed materials. 

You Hereby, for yourself, any Minor, your heirs, executors, administrators, assigns, or personal representatives (collectively, “Releasor” or “You”, which terms shall also include Releasor and any Minor), knowingly and voluntarily enter into this Waiver and Release and hereby waive any and all rights, claims or causes of action of any kind arising out of or in any way connected to your or the Minor’s use of the Products, or any Damages (as defined below) incurred in connection therewith; and

You hereby irrevocably release and forever discharge the Company, its affiliates, agents, attorneys, insurers, staff, volunteers, officers, directors, stockholders, employees, heirs, representatives, predecessors, successors and assigns (collectively, the “Releasees”), from and against any physical or psychological injury or other Damages (as defined below) that you or the Minor(s) may suffer as a result of your use of, or in any way connected to, your or the Minor’s use of the Products, for any reason, and any inherent risks of using the Products, the failure to warn the Releasor of the inherent risk of using the Products, and the risk that the Minor or the Releasees may act in a negligent manner, even any such Releasee was aware of such inherent risks or any conditions resulting in such Damages.

YOU ARE VOLUNTARILY PURCHASING, USING AND/OR ALLOWING THE MINOR TO USE THE PRODUCTS AT YOUR OWN RISK AND THE MINOR’S RISK. USING THE PRODUCTS (INCLUDING THE BIKES AND TEACHING MINORS OR ADULTS TO RIDE A BIKE) IS AN INHERENTLY DANGEROUS ACTIVITY.  YOU ARE AWARE OF THE RISKS ASSOCIATED WITH USING THE PRODUCTS, WHICH MAY INCLUDE BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH (COLLECTIVELY, “DAMAGES”).   BY PURCHASING, USING AND/OR ALLOWING A MINOR TO USE THE PRODUCTS, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASEES IN A LAWSUIT FOR ANY DAMAGES, INCLUDING PERSONAL INJURY AND DEATH, TO YOUR MINOR OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE PRODUCTS AND FOR ANY NEGLIGENCE OF THE RELEASEES.  YOU ASUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN, OF YOUR OR THE MINOR’S USE OF THE PRODUCTS.

You further agree to indemnify, defend and hold harmless the Releasees from and against any and all claims, suits, demands, or actions of any kind whatsoever for Damages brought by you or anyone on your behalf or the Minor’s behalf, including attorney’s fees and any related costs.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A FULL AND GENERAL RELEASE OF LIABILITY.

THIS WAIVER AND RELEASE, AND ANY DISPUTES RELATED HERETO (INCLUDING ANY DISPUTES RELATED TO THE PRODUCTS OR ANY INJURIES OR DAMAGES IN CONNECTION THEREWITH), SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA APPLICABLE TO CONTRACTS MADE AND TO BE PERFORMED WHOLLY WITHIN SUCH STATE, AND WITHOUT REGARD TO THE CONFLICTS OF LAWS PRINCIPLES THEREOF.  THIS WAIVER AND RELEASE SHALL CONSTITUTE THE COMPLETE UNDERSTANDING BETWEEN US AND SUPERSEDES ANY AND ALL PRIOR AGREEMENTS, PROVISIONS, REPRESENTATIONS, OR INDUCEMENTS, WHETHER ORAL OR WRITTEN.  IF ANY CLAUSE OR PROVISION OF THIS DOCUMENT OPERATES OR WOULD PROSPECTIVELY OPERATE TO INVALIDATE IT IN WHOLE OR IN PART, THEN ONLY SUCH CLAUSE OR PROVISION SHALL BE DEEMED DELETED, AS THOUGH NOT CONTAINED, AND THE REMAINDER OF THE DOCUMENTS SHALL REMAIN VALID AND ENFORCEABLE.

YOU HEREBY AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATING THIS WAIVER AND RELEASE AND THE PRODUCTS (INCLUDING WITHOUT LIMITATION, YOUR OR THE MINOR’S USE OF THE PRODUCTS OR DAMAGES OR BODILY HARM RESULTING THEREFROM) WILL BE EXCLUSIVELY RESOLVED UNDER CONFIDENTIAL BINDING ARBITRATION HELD IN MIAMI-DADE COUNTY, FLORIDA IN ACCORDANCE WITH THE RULES AND PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THE PARTIES SHALL REQUEST THAT AAA APPOINT A SINGLE ARBITRATOR.  THE AWARD RENDERED BY THE ARBITRATOR WILL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN, AND ENFORCED BY, ANY COURT OF COMPETENT JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT WILL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE.  NOTWITHSTANDING THE FOREGOING, THE COMPANY SHALL HAVE THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN STATE OR FEDERAL COURTS LOCATED IN MIAMI-DADE COUNTY, FLORIDA TO ENFORCE THESE TERMS OR PREVENT AN INFRINGEMENT OF A THIRD PARTY’S RIGHTS.  IN THE EVENT EQUITABLE RELIEF IS SOUGHT, EACH PARTY HEREBY IRREVOCABLY SUBMITS TO THE PERSONAL JURISDICTION OF SUCH COURT.  

YOU HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS WAIVER AND RELEASE.

 

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY BY USING THE PRODUCTS. YOU ARE AGREEING THAT, EVEN IF THE COMPANY AND THE OTHER RELEASEES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY (INCLUDING USING THE PRODUCTS) BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY PURCHASING, USING OR ALLOWING YOU MINOR CHILD TO USE THE PRODUCTS YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM SUCH RELEASEES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO PURCHASE, USE AND/OR ALLOW YOUR MINOR CHILD TO USE THE PRODUCTS.