“Razor USA,” “Razor,” or “we,” “us,” or “our” refer to Razor USA LLC and any of its parents, members, affiliates, or subsidiaries. “You,” “Your,” and “User” refer to the person or entity who is a purchaser or user of our Razor-brand products (“Razor Products”) and services or a user of our website www.razor.com or any links contained therein (“website” or “site”). By visiting our site and/or purchasing something from us, you engage in our “Service,” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to this Terms.
PLEASE READ THESE TERMS CAREFULLY. THE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
By agreeing to the Terms, You represent that You are at least the age of majority in Your state or province of residence, and You have given us Your consent to allow any of Your minor dependents to use the site.
By placing an order with us using our online store, You consent to be contacted regarding You, Your order, Razor Products or Service, and additional products and services that Razor, our affiliates, assignees, successors, or third parties may offer. Accordingly, You agree to be contacted by any means, regardless of sender, including by email, phone, SMS text message, or by mail. You further agree that any calls or text messages sent to numbers You provide Razor or our current or future affiliates, agents, assignees, successors, or outside collection agencies (including wireline or wireless numbers) may be sent using an automatic telephone dialing system or artificial or prerecorded voices, and that You cannot revoke to be contacted in this manner.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to update Your account information, including Your email address, before making any purchase, so that we can complete Your transactions and contact You as needed. For more detail, please review our Returns Policy.
Certain content, products, and services available on our website may include materials from third parties. Third-party links on this site may direct You to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for the privacy policies or personal data collection of any third parties, nor for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
If You submit anything to us (for example, contest entries, creative ideas, suggestions, proposals, plans, or other materials (“comments”)), whether at our request or not, You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that You submit. We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit, or remove comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that Your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that Your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third party.
We reserve the right to refuse any order You place with us for any reason, to the extent not prohibited by law. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. If we make a change to or cancel an order, we may attempt to notify You by contacting the email and/or billing address/phone number You provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Certain products or services may be available exclusively online through the website. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to You or to any third party for any modification, price change, suspension, or discontinuance of the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that Your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Service to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We are not responsible if information made available on this site is not accurate, complete, or current. We reserve the right to modify the contents of this Site, to discontinue the Service, to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after You have submitted Your order). We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated. You agree that it is Your responsibility to monitor changes to our site.
In addition to other prohibitions as set forth in the Terms, You are prohibited from using the site, its content, Razor Products, or the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate Your use of the Service or any related website for violating any of the prohibited uses.
We provide a Limited Warranty for our products. We warranty our products to be free of manufacturing defects for a period of 90 days (for electric powered products) and 6 months/180-days (for non-electric powered products) from date of purchase. This Limited Warranty does not cover normal wear and tear, wheel, or any damage, failure or loss caused by improper assembly, maintenance, storage, or use.
This Limited Warranty will be void if the product is ever:
We provide no other warranties, express or implied, and all such warranties are disclaimed, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, or durability. title, and non-infringement. Razor does not warranty that its website or Service is secure or error-free; Razor cannot and does not guarantee that an unauthorized person will never gain access to information about You or Your purchases from Razor. No one is authorized to make warranties on Razor’s behalf.
In no case shall You or we (including any of our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors) be liable for indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, or any similar damages, whether based in contract, tort (including active or passive negligence), strict liability or otherwise, arising from use of the Service or any products procured using the Service. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
If You have a concern or complaint, please contact our customer service department at (866) 467-2967. In the unlikely event that You are not satisfied with customer service’s solution (or we have not been able to resolve a dispute we have with You), this Section describes the process You and we will follow to resolve that dispute. If the dispute cannot be resolved informally, You and we agree to resolve disputes through binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Any arbitration will take place on an individual basis; class or representative arbitrations are not permitted. Under certain circumstances (as explained below), Razor will pay You more than the amount of the arbitrator’s award if the arbitrator awards You an amount that is greater than what Razor has offered You to settle the dispute.
References in this Section 10 to “Razor,” “You,” and “us” include our respective predecessors in interest, successors, and assigns, as well as our respective past, present, and future subsidiaries, affiliates, agents, employees, officers, and all authorized or unauthorized users or beneficiaries of Razor Products or Service.
10.1 Informal Resolution of Disputes:
In the event of any dispute or claim between You and us (except for the Excluded Disputes defined below in Section 10.3), the party who intends to pursue a claim must first send to the other, by U.S. mail or professional courier service, a written Notice of Dispute (“Notice”). The Notice to Razor should be addressed to: Legal Department, Razor USA, 12723 166th Street, Cerritos, CA 90703 (“Notice Address”). A Notice to You will be sent to the address on file with Your account or, if no mailing address is available, to any email address we have on file for You. The Notice must include, at minimum: (1) Your name, mailing address, telephone number at which You can be reached, and email address (if any); (2) Your account number, if available; (3) a description of the nature and basis of the claim or dispute; (4) an explanation of the specific relief sought; (5) Your signature; and (6) if You have retained an attorney, Your signed statement authorizing Razor to disclose Your confidential account records to Your attorney if necessary in resolving Your claim. A Notice is not complete until all the information required by (1)-(6) has been received by the other party (“Notice Completion Date”).
After the Notice Completion Date, either party may request a conference within 60 days to discuss informal resolution of the dispute (“Informal Settlement Conference”). If timely requested, the Informal Settlement Conference will take place at a mutually agreeable time by telephone or videoconference. You and a Razor company representative must both personally participate in a good-faith effort to settle the dispute without the need to proceed with arbitration. Any counsel representing You or Razor also may participate. The requirement of personal participation in an Informal Settlement Conference may be waived only if both You and Razor agree in writing.
Any applicable statute of limitations will be tolled during the “Informal Resolution Period,” which is defined as the period between the Notice Completion Date and the later of (i) 60 days after the Notice Completion Date; or (ii) if an Informal Settlement Conference is timely requested, 30 days after completion of the Informal Settlement Conference.
10.2 Claims Subject to Arbitration: If You and Razor cannot resolve a dispute, except for the Excluded Disputes described in the next section, You and Razor agree to arbitrate all disputes and claims between us, regardless of legal theory, that arise out of or relate to the Service, Razor Products, the Terms or Additional Terms, or any other aspect of the relationship between us, including claims over marketing, disclosures, communications by or on behalf of Razor, and claims concerning the security, transfer, or use of data about You. This agreement to arbitrate is intended to be broadly interpreted and shall be governed by the Federal Arbitration Act rather than state arbitration law. By agreeing to arbitrate, You and Razor are each giving up the right to go to court and have the dispute resolved by a judge or jury or to bring a class or representative action. This arbitration provision shall survive the termination of the contract between You and Razor.
10.3 Excluded Claims Not Subject to Arbitration: Notwithstanding Section 10.2, claims regarding Your or Razor’s intellectual property rights (“Excluded Disputes”) cannot be brought in arbitration, unless You and Razor have entered into a separate post-dispute agreement to arbitrate that particular dispute. Moreover, disputes over the scope or enforceability of this arbitration provision or whether a particular claim can or must be arbitrated can only be decided by a court of competent jurisdiction.
In addition, instead of arbitration, either You or Razor may bring an individual action seeking only individualized relief in small claims court, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. (If that limitation on removal or appeal of small claims court actions is unenforceable, the dispute instead shall be arbitrated.) This arbitration provision also does not prevent You or Razor from bringing issues to the attention of federal, state, or local agencies or law enforcement.
10.4 Commencing Arbitration: An arbitration proceeding may be commenced only if You and Razor do not reach an agreement to resolve the claim during the Informal Resolution Period. A court will have the power to enforce this Subsection 10.4, including the power to enjoin the filing or prosecution of arbitrations or the assessment or collection of arbitration fees without first providing a fully complete Notice and participating in a timely requested Informal Settlement Conference. Unless prohibited by law, the arbitration provider shall not accept, administer, or deem filed any arbitration or assess or collect any arbitration fees unless the claimant has complied with the Notice and Informal Settlement Conference Requirements of Subsection 10.1.
10.5 Arbitration Procedures: For disputes that do not involve claims of bodily injury or death, the arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by Section 10. (If the AAA is not available or unwilling to administer arbitrations consistent with this Section 10, another arbitration provider will be selected by the parties or, if the parties cannot agree on a provider, by the court.) Arbitration of all other disputes will be governed by the AAA’s Commercial Arbitration Rules. The AAA Rules are available from the AAA at adr.org. Notwithstanding the foregoing, you and Razor may elect by written agreement signed by both parties to use any mutually agreeable rules for the arbitration.
The arbitrator shall be a lawyer with at least 10 years’ experience or a retired judge selected by the procedures in the applicable arbitration rules, or an arbitrator selected by Your and Razor’s mutual agreement. All issues are for the arbitrator to decide, except that a court must decide issues relating to whether claims can or must be arbitrated, as well as other issues that this Section 10 specifies that a court shall decide. The arbitrator may consider rulings in other arbitrations involving other claimants, but an arbitrator’s ruling will not be binding in proceedings involving different claimants.
If an in-person arbitration hearing is held, then it will be conducted in the metropolitan statistical area (as defined by the U.S. Census Bureau) where You are a resident at the time the dispute is submitted to arbitration. The arbitrator will determine any dispute according to applicable law and facts based upon the record, and subject to Subsection 10.8, can award the same damages and relief (such as statutory attorneys’ fees) that a court could award under applicable law. The arbitrator will issue a reasoned written decision (“Underlying Award”), and judgment on the award may be entered in any court with competent jurisdiction.
For any dispute involving bodily injury or death, the Underlying Award may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”). The Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within 30 days of receipt of an Underlying Award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.
10.6 Arbitration Fees: If Razor initiates arbitration, Razor will pay all AAA filing, administration, case-management, hearing, and arbitrator fees. If You wish to initiate arbitration, the AAA will govern the payment of these fees unless applicable law requires a different allocation of fees for this arbitration agreement to be enforceable. If You are unable to pay Your share of the AAA fees, Razor will consider a request to pay them on behalf, so long as You have fully complied with the requirements in Subsections 10.1, 10.4, and 10.9 for any arbitration You initiate.
10.7 Alternative Payment: If You fully complied with the requirements in Subsections 10.1, 10.4, and 10.9 and the arbitrator issues an award in Your favor that is greater than the value of Razor’s last written settlement offer made before an arbitrator was selected (or awards You any relief if Razor did not make You a settlement offer), then Razor will pay You $5,000 in lieu of any smaller award (“the Alternative Payment”). The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of attorneys’ fees, expenses, and the Alternative Payment at any time during the proceeding and upon request from either party made within 14 days of the arbitrators’ ruling on the merits. In assessing whether You are entitled to the Alternative Payment, the arbitrator shall not consider amounts offered for or awarded in attorneys’ fees or costs.
10.8 Requirement of Individual Arbitration: YOU AND RAZOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. In addition, unless both You and Razor agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. Further, both You and Razor may seek, and the arbitrator may award, only relief necessary to resolve Your or Razor’s individual claims; the arbitrator cannot award relief of any kind (whether monetary or nonmonetary, including declaratory or injunctive relief) that affects individuals other than You.
If, for any reason, any court of competent jurisdiction holds that any of the prohibitions in this Subsection 10.8 are unenforceable as to a particular claim or a particular request for relief (such as a request for injunctive relief), then You and Razor agree that such a claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated.
10.9 Mass Filings: If 25 or more claimants submit Notices raising similar claims and are represented by the same or coordinated counsel, all the cases must be resolved in arbitration in stages using staged bellwether proceedings if they are not resolved prior to arbitration as set forth above in Subsection 10.1. The parties agree that the individual resolution of claims in arbitration might be delayed if the claims are pursued in connection with 25 or more similar claims. In the first stage, the parties shall each select up to 10 cases per side (20 cases total) to be filed in arbitration and resolved individually in accordance with this arbitration provision, with each case assigned to a separate arbitrator. In the meantime, no other cases may be filed in arbitration, and the AAA shall neither accept, administer, or deem filed any arbitrations, nor assess or demand payment for AAA fees for any arbitrations commenced in violation of this subsection. If the parties are unable to resolve the remaining cases after the conclusion of the first stage of bellwether proceedings, each side may select up to another 10 cases per side (20 cases total) to be filed in arbitration and resolved individually in accordance with this arbitration provision, with each case assigned to a separate arbitrator. During this second stage, no other cases may be filed in arbitration, and the AAA shall neither accept, administer, or deem filed any arbitrations, nor assess or demand payment for AAA fees for any arbitrations commenced in violation of this subsection. This process of staged bellwether proceedings shall continue until the parties are able to resolve all the claims, either through settlement or arbitration. If these mass filing procedures apply to a claimant’s Notice, any statute of limitations applicable to the claims set forth in that Notice will be tolled from the time the first cases are selected for a bellwether proceeding until the claimant’s Notice is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court will have the authority to enforce this subsection 10.9, and, if necessary, to enjoin the filing or prosecution of arbitrations or the assessment or collection of AAA fees.
10.10 Future Changes to Arbitration Agreement: Notwithstanding any provision in these Terms to the contrary, You and Razor agree that if Razor makes any change to this arbitration provision (other than a change to the Notice Address), You may reject that change by providing Razor with written notice within 30 days of the change to the Notice Address and require Razor to adhere to the language in this arbitration provision. By rejecting any future change, You are agreeing that You will arbitrate any dispute between You and us in accordance with the language of this arbitration provision.
No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable because any other provision may be deemed invalid or unenforceable in whole or in part, except as set forth in Section 10.8.
The headings in this Agreement do not affect the interpretation of this Agreement and are for convenience only. “Or” is not to be exclusive in its meaning. “Including” means “including, but not limited to.” Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.
The Terms, the documents incorporated herein by reference, and any policies or product manuals posted by us on this site or supplied with the Razor Products constitute the entire Terms and understanding between You and us, and govern Your use of the Service, superseding any prior or contemporaneous Terms, communications, and proposals, whether oral or written, between You and us (including, but not limited to, any prior versions of the Terms).
Razor may assign these Terms or its contract with You, in whole or in part, to any non-affiliated third party without notice to You, but You cannot assign Your contract or any rights or legal claims arising from it without Razor’s prior written permission. From the date of an assignment by Razor, the assignee will be solely responsible for providing any products or services to You, and You acknowledge and agree that Razor will have no liability or obligation to You.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. These Terms are effective unless and until terminated in writing by either You or us. You may terminate these Terms at any time by notifying us that You no longer wish to use the Razor Products or Service. We may also terminate these Terms at any time. If we do so, we will provide You notice if You have supplied us with Your contact information. Upon termination, You will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny You access to our Service (or any part thereof).
These Terms shall be governed by and construed in accordance with the laws of the United States state, district, or territory in which you reside at the time the dispute arises, except that the arbitration specified in Section 10 shall be governed by the Federal Arbitration Act.
You may review the current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change, add, remove, or replace any part of these Terms by posting updates and changes to our website. It is Your responsibility to check our website periodically for changes. If we make any material changes that apply retroactively or to any past purchases of Razor Products or services, we will provide You with notice of the changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions and concerns about the Terms or Your relationship with us should be sent to us at [email protected] with a thorough description of the issue or go to our About Us page to submit an electronic contact form.
Razor’s ability to provide the Services to You and other Razor Products and services is subject to the availability and operational limitations of Razor’s and its suppliers’ facilities, over which Razor does not have control. You understand and agree that temporary interruptions and delays of Services may occur, and that Razor is not responsible for them. In addition, Razor is not responsible for interruptions, delays, or cancellations of orders caused by events outside of its control, such as war, acts or threats of terrorism, civil disorder, labor strikes or disruptions, natural disasters (including fires, floods, earthquakes, and severe weather), medical outbreaks or pandemics, power outages, or destruction of facilities or transportation infrastructure.