5050
c. Battery and Range Disclaimer.
Please note that information regarding
the expected speeds and ranges of our
bikes and their batteries are estimates,
not guarantees. There are many factors
that affect actual real-world bike
speeds and battery ranges, including
but not limited to the battery and motor
age, temperatures, tire pressure, pedal
power, wind conditions, speeds, rider
and cargo weights, and terrain. Under
certain conditions, battery ranges and
top speeds may be different from and
less than the listed estimates.
d. California Residents.
If you are a California resident, in
accordance with Cal. Civ. Code
§1789.3, you may report complaints to
the Complaint Assistance Unit of the
Division of Consumer Services of the
California Department of Consumer
Affairs by contacting them in writing at
1625 North Market Blvd., Suite N 112,
Sacramento, CA 95834, or by telephone
at (800) 952-5210 or (916) 445-1254.
Dispute Resolution, Arbitration,
and Class Action Waiver
a. Notice and Good Faith Informal
Resolution.
Both you and Cowboy agree that each
party will notify the other in writing of
any dispute arising out of, in connection
with, or relating to these Terms and
Conditions, your use or purchase of
any Cowboy products or Services, our
relationship, or any other dispute you
might have in any way involving Cowboy
before initiating arbitration under this
Section 7, so that we can try to resolve
the dispute informally and individually,
negotiating in good faith. The notice
must be specific and individual to you
and include your name, street address,
telephone number, and email, as well
as a brief description of the dispute,
the amount of money (if any) at issue,
and the specific relief sought. The
notice must be signed and include the
handwritten signature of, as applicable,
either you or a Cowboy employee,
depending on which party is providing
notice. Notice sent by you to Cowboy will
be sent to the following email and street
addresses: hello@cowboy.com and 45
Pleasant Street Unit 1, Newburyport,
01950, MA. Notice sent by Cowboy
to you will be sent to the email and
street address that you provided to
Cowboy. This notice is a requirement
and condition precedent to initiating
any formal arbitration proceedings. If
and only if we fail to reach an amicable
settlement of the dispute after good
faith negotiation pursuant to this
provision, then you or Cowboy may
commence an arbitration proceeding
starting 45 calendar days after notice
is received with a written demand for
arbitration pursuant to Section 7 below.
b. Arbitration Agreement.
We and you acknowledge a desire to
resolve fairly and quickly any and all
disputes, including existing, currently
pending and/or future disputes or
claims, between you and us as set
forth in this Section. Final, binding, and
confidential arbitration before a single,
neutral arbitrator will be the exclusive
remedy for any “Covered Claim.” A
“Covered Claim” is any past, existing,
currently pending and/or future claim
or dispute of any kind (except a claim
or dispute that by law is non-arbitrable)
that has arisen or arises between you
and Cowboy, and/or their respective
past, present, and future parent(s),
subsidiaries, affiliates, clients,
officers, directors, employees, and/
or independent contractors, including
but not limited to claims arising from
the Services provided under these
Terms and Conditions, your purchase
or use of any Cowboy products, and
any other agreements between you
and Cowboy. A “Covered Claim” does
not include claims filed in small claims
court for disputes or claims within
the scope of the small claims’ court
jurisdiction or claims for injunctive or
other equitable relief to prevent the
actual or threatened infringement,
misappropriation, or violation of a
party’s copyrights, trademarks, trade
secrets, patents, or other confidential
or proprietary information or intellectual
property rights.
c. Application.
This Section 7 applies to successor
entities without the need for a formal
assignment by either Cowboy and
you. This Section also includes any
Covered Claim brought against a
third party, including but not limited
to any client(s), consultant(s), and/or
independent contractors of Cowboy,
and this provision can be enforced by
any such third party through a motion
to compel arbitration as necessary. In
the event that there are both arbitrable
and non-arbitrable claims covered
by this Section, the arbitrable claims
must be finally and fully resolved before
litigation of any non-arbitrable claims
can proceed.
d. Waiver of Right to Jury Trial and
Class Claims.
As to any Covered Claim, both Cowboy
and you waive to the maximum extent
permitted by law the right to jury trial
or bench trial, and the right to bring,
maintain, or participate in any class,
collective or representative proceeding,
whether in arbitration or otherwise.
Further, all Covered Claims must be
brought in the individual capacity of
the entity or person asserting the
claim, and cannot be maintained on
a class, collective, or representative
basis, to the full extent permitted by
applicable law. The arbitrator does not
have the authority to consider, certify,
or hear arbitration as a class action,
collective action, or any other type of
representative action.
e. Arbitration Procedures.
Arbitration will be confidential and
conducted with JAMS or another
arbitration provider pursuant to the
JAMS Comprehensive Arbitration Rules
& Procedures (the “Arbitration Rules”)
in effect at the time the arbitration is filed,
available at the following website: https://
www.jamsadr.com/rules-comprehensive-
arbitration/, except as expressly set
forth herein or where such rules are not
in compliance with applicable state or
federal law. A copy of the Arbitration
Rules is available for review through
Cowboy by submitting a request to
Cowboy or by contacting JAMS at
telephone number (800) 352-5267. For
claims asserted by you, you understand
and agree that you will pay JAMS’
claimant filing fee under the Arbitration
Rules. With respect to such claims,
Cowboy will pay the remaining part of
the filing fees, JAMS’ administrative
fees for such disputes, and the fees and
expenses of the arbitrator, but only to
the extent required by the Arbitration
Rules and applicable law. You will pay
your own attorneys’ fees and litigation
costs associated with the arbitration,
except as required by applicable state
or federal law. The arbitrator must be
either a former judge or a currently
licensed attorney. The parties will
maintain the confidential nature of the
arbitration proceeding and the award,
unless otherwise required by law or
judicial decision. The arbitrator, and
not any federal, state, local court or
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