FAILURE TO READ AND FOLLOW ALL INSTRUCTIONS MAY RESULT IN SERIOUS INJURY
27
1.8 Charger and Plug.
Rider agrees to ONLY use charger and plug provided by D-Fly. No other charger or plug
may be used for charging Dragony.
1.9 Insurance.
YOUR AUTOMOTIVE INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR
ACCIDENTS INVOLVING OR DAMAGE TO THIS VEHICLE. TO DETERMINE IF COVERAGE
IS PROVIDED, YOU SHOULD CONTACT YOUR AUTOMOTIVE INSURANCE COMPANY OR
AGENT.
1.10 Electric Vehicle
The Dragony is an electric vehicle that requires periodic charging of its battery in order
to operate. Rider agrees to use and operate the vehicle safely and prudently in light of the
vehicle being an electric Vehicle and all of the limitations and requirements associated
therewith. Rider understands and agrees with each of the following:
• The level of charge power remaining in the Dragony will decrease with use of the
Dragony (over both time and distance), and that as the level of charge power of the
Dragony decreases, the speed and other operational capabilities of the Dragony
may decrease (or cease in their entirety).
• The rate of loss of charging power during the use of the Dragony is not guaranteed
and will vary based on the Dragony, road conditions, weather conditions, and other
factors.
1.11 Charging of Vehicle
Rider may charge the Dragony only by plugging a manufacturer-approved charging cord
into an outlet that may be lawfully used for such purpose. Rider agrees to follow all laws
and rules pertaining to the charging of the Dragony, including all state and local laws
and all public and private rules and regulations pertaining to the area and to the property
where Rider is charging the Vehicle.
2. ADDITIONAL TERMS OF USE
2.1 Safety Check
Before each use of a Dragony, Rider shall conduct a basic safety inspection of the
vehicle, which includes inspecting the following: (i) trueness of the wheels; (ii) safe
operation of all brakes and lights; (iii) good condition of the deck, tiller, tires and wheels;
(iv) sucient battery charge power; and (iv) any sign of damage, unusual or excessive
wear, or other open and obvious mechanical problem/maintenance need. Rider agrees
not to ride the Dragony if there are any noticeable issues, and to immediately notify
customer service to alert D-Fly of any problems.
2.2 Helmets; Safety
D-Fly recommends that all Riders wear a Snell, CPSC, ANSI or ASTM approved helmet
that has been properly sized, tted and fastened according to the manufacturer’s
instructions. D-Fly does not represent or warrant the quality or safety characteristics of
any helmet, and the Rider agrees that none of the Released Persons is liable for any injury
suffered by Rider while using the Dragony, whether or not Rider is wearing a helmet
at the time of injury. Rider assumes all risk of not wearing a helmet or other protective
gear. Rider may need to take additional safety measures or precautions not specically
addressed herein.
3. GOVERNING LAW AND JURISDICTION; DISPUTE RESOLUTION AND BINDING
ARBITRATION
All matters arising out of or relating to these Terms and Conditions are governed by and
construed in accordance with the internal laws of the State of Delaware without giving
effect to any choice or conict of law provision or rule (whether of the State of Delaware
or any other jurisdiction) that would cause the application of the laws of any jurisdiction
other than those of the State of Delaware.
à YOU AND D-FLY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS
IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR
REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU
WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE
LIMITED IN ARBITRATION.
à ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR
OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING
STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT,
INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR
RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE WEBSITE,
WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
à The arbitration will be administered by the American Arbitration Association (“AAA”)
in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect,
except as modied by this Section 3 (The AAA Rules are available at www.adr.org/
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