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arb_med or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will
govern the interpretation and enforcement of this section.
à The arbitrator will have exclusive authority to resolve any dispute relating to
arbitrability and/or enforceability of this arbitration provision, including any
unconscionability challenge or any other challenge that the arbitration provision
or the agreement is void, voidable, or otherwise invalid. The arbitrator will be
empowered to grant whatever relief would be available in court under law or in equity.
Any award of the arbitrator(s) will be nal and binding on each of the parties and may
be entered as a judgment in any court of competent jurisdiction.
à You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR
D-FLY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER
CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY
CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY
GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one
person’s claims and may not otherwise preside over any form of a representative or
class proceeding. The arbitral tribunal has no power to consider the enforceability of
this class arbitration waiver and any challenge to the class arbitration waiver may only
be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable
provision will be severed, and the remaining arbitration terms will be enforced.
4. GOODS NOT FOR RESALE OR EXPORT
You represent and warrant that You are buying the Dragony from the website for Your
own personal or household use only, and not for resale or export. You further represent
and warrant that all purchases are intended for nal delivery to locations within the U.S.
5. RELEASES; DISCLAIMERS; ASSUMPTION OF RISK
Rider agrees to fully release, indemnify, and hold harmless D-Fly and all of its respective
owners, managers, members, partners, ocers, employees, contractors, ocers,
directors, equity holders, aliates, successors and assigns (collectively, the “Released
Persons”) for all “Claims” arising out of or in any way related to Rider’s use, possession or
operation of, or participation with, the Dragony or any other user’s use, possession or
operation of, or participation with, the Dragony purchased by Rider, including, but not
limited to, those Claims related to the legal possession, operation or use of the Dragony
purchased by You and those Claims based on Released Persons’ alleged negligence,
breach of contract, and/or breach of express or implied warranty, except for Claims based
on Released Persons’ gross negligence or willful misconduct. This release is intended
to be a general and complete release of all Claims. “Claims” means, collectively, any and
all claims, injuries, demands, liabilities, disputes, causes of action (including statutory,
contract, negligence, or other tort theories), proceedings, obligations, debts, liens, nes,
charges, penalties, contracts, promises, costs, expenses (including attorney’s fees,
whether incurred at trial, on appeal, or otherwise), damages (including but not limited
to, for personal injury, wrongful death, property damage, and injury to rider or to third
parties, consequential, compensatory, or punitive damages), or losses (whether known,
unknown, asserted, unasserted, xed, conditional, or contingent).
Rider acknowledges and agrees that riding the Dragony has certain inherent risks of
injury and or death, which risks increase further if the vehicle is not used in accordance
with safe riding procedures and the terms hereof and pursuant to the owner’s manual.
Rider is further aware that the usual risks, hazards and dangers of personal injury, death
and disability increase when using ramps, curbs, steps, half pipes, inclines, or declines,
bowls or any other structure or device. Rider also understands that these risks, hazards
and dangers are further increased when other persons, whether or not of the same level
of experience or skill, are using the same vehicle.
Further, Rider is aware that Rider’s use of the Dragony involves obvious and not-so-
obvious risks, dangers, and hazards that may result in injury or death to Rider or others
and damage to property, and that such risks, dangers, and hazards cannot always be
predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:
• vehicles and other objects;
• pedestrians;
• trac;
• vehicle or component malfunction;
• road conditions;
• weather conditions;
• failure to follow applicable laws regarding use and/or operation of the vehicle;
• commission of any of the prohibited acts listed in Section 1.4;
• failure to perform the required safety check pursuant to Section 2.1;
• failure to wear a helmet, including, but not limited to, where required by law; and
• negligent acts or omissions by D-Fly, any other Released Person, Rider, or third party.
Rider is solely and fully responsible for the safe and legal operation of the Dragony at all
times. Rider agrees that vehicles are machines that may malfunction, even if the vehicle
is properly maintained and that such malfunction may cause injury. Rider assumes full
and complete responsibility for all related risks, dangers, and hazards. RIDER ASSUMES
THE RISK OF ANY INJURY OR DAMAGE TO PROPERTY OR PERSON ARISING FROM THE
USE, POSSESSION OR OPERATION OF THE DRAGONFLY, AND D-FLY DISCLAIMS ANY
LIABILITY FOR YOUR USE, POSSESSION OR OPERATION OF THE DRAGONFLY.
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