These Terms are a contract between the You (“You” or “Your”) and Razor USA (“Razor,” “Company,” “We,” “Us,” or “Our”) with regard to the access and use of Our website – www.Razor.com – and its component pages and any other website, application, product or service made available by Razor (collectively, “Website”). The Website is made available to You pursuant to these Terms. Please read these Terms fully and carefully before accessing and using the Website.
If You do not agree with the Terms set forth below and Our Privacy Policy (including any modifications thereto), You should exit the Website. However, these Terms and Our Privacy Policy will apply to all of Your information and actions prior to exiting the Website.
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.
1. GENERAL TERMS OF USE
- a) Acceptance. By accessing and using the Website, You accept and agree to be legally bound by these Terms and Our Privacy Policy, and all prospective amendments to the Terms and Privacy Policy. This agreement is made by You just as if it had been made in writing. If You do not agree to these Terms, do not use the Website or any of the products and services enabled by the Website.
- b) Access to Your Account. You are responsible for maintaining the confidentiality of Your account and password, and for restricting access to Your computer. You agree to accept responsibility for all activities that occur under Your account or password.
- c) Amendment. We may amend these Terms from time to time in Our sole discretion. All amendments to these Terms will be effective immediately upon posting, and will include the date the Terms were last updated. Your continued access to the Website constitutes an agreement to be bound to the Terms then effective and as amended. You also agree to accept notice of posting of any amendments or new terms through Us posting such amendments or new terms on the Website. Please review the Terms periodically so You are aware of any amendments.
- d) Capacity. The Website is a general audience Website for adults age 18 or over, and is intended for use only by individuals in the United States. By using this Website, You represent that You are 18 years or older and have legal capacity to enter into the agreement set out in these Terms, including but not limited to, that You are of sufficient mental capacity, and are otherwise permitted to be legally bound in contract.
- a) Website Features. The Website contains certain features and functionality, including the ability to receive content. We reserve the right, in Our sole discretion, to change, modify, remove, or add any features, products, services, or terms offered at any part on the Website. This includes without limitation any features regarding Our products and services and contacting Us. Razor strives to ensure that all content on the Website, including product, availability, and price information, is accurate, complete, and current, but Razor does not warrant the accuracy or completeness of the content made available on the Website, or the availability of all products and services offered on the Website. The colors You see on the Website may depend on the device You are using to view the Website. Information on the Website may contain typographical or other human errors and may not be complete or current despite Our efforts. We will attempt to address any inaccurate or incomplete content after We are made aware of it. All weights and sizes may be approximate. If a product offered by the Website is not as described, Your sole remedy is to return it in unused condition. The Website is presented on an “AS IS” basis.
- b) Eligibility. The Website is intended for use only by individuals age 18 or over located in the United States. If You are a person outside the United States, by accessing and using the Website, You agree and consent to be bound by these Terms. The Website is not available to any persons suspended or removed from the Website by the Company. In using the Website, You represent that You are a person who has not been suspended or removed from the Website. Persons choosing to access the Website do so at their own discretion and initiative, and are responsible for compliance with these Terms, and all local laws and rules, including without limitation, such laws and rules regarding the internet, email, electronic messages, privacy, and security.
- c) Use. Razor grants You a limited license to access and make use of the Website. This license does not include (i) any resale, rebranding or commercial use of the Website or the content made available through the Website; (ii) any derivative use of the Website or the content made available through the Website; (iii) any downloading or copying of product images, other Website content or account information; (iv) any collection or use of product listings, descriptions, or prices; or (v) any use of data mining, scraping, spiders, robots or similar data gathering or extraction tools. You may not use any meta tags or any other “hidden text” utilizing Razor’s name or trademarks without the express written consent of Razor. Absent Razor’s express consent, no content made available through the Website may be used, reproduced, transmitted, distributed, downloaded, displayed, framed, modified or otherwise exploited in any way. All users agree to refrain from copying, modifying, reverse engineering, decompiling or disassembling any software code included in the Website. You shall not use the Website in any manner that could damage, disable, overburden or impair the Website.
- d) Electronic Communications. When You contact Us through the Website, create a user account, or provide Your e-mail address to Us for any reason, You are consenting to receive communications from Us electronically. We will communicate and transact with You by e-mail or by posting notices on the Website. 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. If You wish, at any time, to opt out of receiving electronic communications from Us, You can do so by logging into Your account and changing Your profile settings and preferences or by clicking the “Unsubscribe” link included with such electronic communications.
- e) User Comments, Feedback, and Other Submissions. If You post content or submit any information or material (e.g., product reviews, creative ideas, suggestions, proposals, plans, contest entries or other material) within the Website or Razor social media sites (a “Submission”), the Submission must not be false, inaccurate, misleading, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable or consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of such content. You will not post content that victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
Unless We indicate otherwise, You grant Razor a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, copy, reproduce, distribute, publish, modify, publicly perform, publicly display, adapt, translate, archive, store and create derivative works from such Submission, in any form, format, or medium of any kind now known or later developed. We have no obligation to maintain any Submissions as confidential, pay compensation for any Submission, or respond to any Submission. In addition, You authorize Razor to share the Submission across all websites, advertisements, media and other medium affiliated with Razor, to include the Submission in a searchable format accessible by users of Razor, to place advertisements in close proximity to such Submission, and to use Your name, likeness and any other information in connection with its use of the material You provide. You also grant Razor the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication You provide or otherwise submit to Us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to You. You grant Razor and sub-licensees the right to use throughout the world in any media the name that You submit in connection with such content.
You represent and warrant that: (i) You own or otherwise control all the rights in any Submission You submit, and (ii) the Submission is non-infringing and does not otherwise violate the rights of, or cause any injury to, any person or entity. You acknowledge and agree that You will indemnify Razor for all claims resulting from the content You post or submit. Razor has the right but not the obligation to monitor and edit or remove any activity or content. Razor takes no responsibility and assumes no liability for any content posted by You or any third party.
Any Submission made on the Website or Razor social media sites is non-confidential and non-proprietary. Do not send Us any Submission that includes information You wish to remain confidential. Your Submission may be made publicly available and Razor is not responsible for any use or misuse (including any distribution) by any third party. Razor is not responsible for damage or harm resulting from Your choice to share personal information.
- f) Unavailability. Your access to the Website may be unavailable or interrupted from time to time for a variety of reasons, many of which We cannot control. We are not responsible for any interruptions of Your access to the Website, or any of the consequences of such interruptions.
3. TERMINATION; MODIFICATION
Without any further notice and at any time, You understand and agree that Razor may terminate, cancel, deactivate, and/or suspend Your access to the Website. By terminating Your access or use, Razor does not waive or alter any other right or relief to which it may be entitled at law or in equity. If Razor terminates or suspends Your access to the Website, Your right to use the Website will immediately cease and You must discontinue use of the Website by all means and methods. Razor reserves the right to immediately and permanently deactivate Your Account and delete any information or content stored through Your Account. Razor reserves the right to discontinue, modify, alter, or change any policy, feature, product, or service of the Website. You understand, acknowledge, and agree that Your sole and exclusive right and remedy regarding the termination or modification of Your access to and use of the Website, is to stop using the Website.
Your privacy is important to Us. By using this Website, You agree to these Terms as well as to the collection transfer, processing, usage, sharing, and storage of Your personal and non-personal information consistent with the terms of Our Privacy Policy.
Razor does not request, collect or use customers’ protected health information, and You should not provide any protected health information to Razor for any reason. You must exercise caution when sharing information with Razor to avoid inadvertently disclosing Your health information.
Please review Our Privacy Policy regularly for more information.
Razor may, but has no obligation to, monitor the use by You and other users of the Website. During monitoring, any information relating to any user or their respective activities on the Website may be examined, recorded, copied, and used in accordance with these Terms and Our Privacy Policy. Furthermore, Razor reserves the right at all times and in its sole discretion (i) to disclose any information provided at any portion of the Website as set forth in Our Privacy Policy, including without limitation to satisfy any law, regulation, or governmental request, and (ii) to refuse to transmit, or to remove, any information or materials, in whole or in part, that Razor in its sole discretion concludes contains confidential or proprietary information, or may be inappropriate, objectionable or violate these Terms or Our Privacy Policy.
6. CONDUCT AND ACCEPTABLE USE
You are responsible for the content of Your communications and representations through the Website, including those sent to Us through the Website from Our contact forms.
We may require, at any time, proof that You are following these Terms. We reserve the right to take, or refrain from taking, any and all steps available to Us, including suspending or terminating Your access to the Website or seeking other legal or equitable remedies, once We become aware of any violation of these Terms. As a condition of use of the Website, You represent the following:
- i. You will not interfere with any other person using or enjoying the Website;
- ii. You will not use the Website to threaten, abuse, harass, discriminate, intimidate, or invade the privacy of any person;
- iii. Any content or materials (including through Our contact forms) You submit to Us will be appropriate and lawful;
- iv. Any content or material on the Website will not be utilized by You for any purpose that is not authorized or approved in writing by Razor, including without limitation use of any images, video or other Razor content;
- v. You will not attempt to rebrand any Website content or materials for any purpose;
- vi. You will not damage Our Website or Our servers;
- vii. You will not attempt to gain unauthorized access to computer systems or networks connected to the Website or use the Website in any way for an inappropriate or unlawful purpose;
- viii. You will not access data not intended for You or log onto a server or an account that You are not authorized to use;
- ix. You will not circumvent or modify, or attempt to or assist another in circumventing or modifying, any security technology or software that is part of the Website;
- x. You will not transmit or disseminate any kind of material that contains malware, viruses, bots, worms or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of the Website;
- xi. You will not impersonate, falsely state, or otherwise misrepresent Your identity in any way while using the Website (including through Our contact forms); and
- xii. You will not use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler or robot) to navigate, search, and/or extract information from the Website other than the search tools available on the Website and other generally available third-party web browsers (e.g., Apple Safari, Google Chrome, Microsoft Explorer); and
- xiii. You will not use the Website, its content, or its information for any criminal or unlawful purpose or encourage anyone else to do so.
- xiv. You will not use the Website, its content, or its information to violate any international, federal, provincial, or state regulations, rules, laws or local ordinances.
Violations of the Terms, including without limitation provisions (i-xiv) above, will be determined by the Company in its sole discretion and may result in, among other things, termination of Your access to the Website.
7. CREATING AND USING AN ACCOUNT
You may create an account to use certain features and functionality of the Website. You are not permitted to share, sell, distribute or otherwise transfer Your Account or allow Your login credentials to be used by any other individual. It is Your responsibility to keep Your Account and password (including any related security questions and answers) confidential, and to ensure that You restrict access to any device You use to access Your Account.
You are solely responsible for any activities or actions taken under Your Account, regardless of whether You authorized such activities or actions. You agree to notify Us immediately of any unauthorized use of Your Account. We are not liable for any loss or damage from Your failure to comply with this section.
You represent and warrant that any information You provide to Us is accurate, current, and complete and that You will maintain and promptly update Your information to keep it accurate, current and complete. If any information You provide to Us is untrue, inaccurate, not current, or incomplete, We reserve the right to terminate Your use of the Website.
By placing an order with Us using our online store, You consent to be contacted regarding You, Your order, Razor products or services, and additional products and services that Razor, our affiliates, assignees, successors, or third parties may offer. You also agree to be contacted using the information You provide to Us 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.
8. OWNERSHIP; PROPRIETARY RIGHTS
All Website content and materials including without limitation text, photographs, illustrations, images, button icons, graphics, product names, designs, logos, video material, digital downloads, data compilations, software and audio clips (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Razor or the party credited as the provider or owner of the Intellectual Property. Any use of the Intellectual Property without the written permission of Razor or the owner of the Intellectual Property is strictly prohibited.
The compilation (meaning the collection, arrangement, and assembly) of all content on the Website is the exclusive property of Razor and protected by United States and international copyright laws. All software used to provide any service on the Website is the property of Razor or its software suppliers and protected by United States and international copyright laws. In connection with Your use of the Website, Razor grants You a limited, non-transferable, non-sub-licensable, non-exclusive, revocable license to access, view, use, print and download a single copy of the Website’s content for Your personal use. You agree not to modify or delete any copyright, trademark or other proprietary notice. Razor may revoke this license at any time for any or no reason. Except as expressly authorized by Razor, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, rebrand, create derivative works from, or otherwise make unauthorized use of any Website content and materials.
Razor’s trademarks and trade dress may not be used in connection with any product or service that is not owned or distributed by Razor in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Razor. All other trademarks not owned by Razor that appear within the Website are the property of their respective owners, who may or may not be affiliated with Razor.
9. THIRD-PARTY SITES, PRODUCTS & SERVICES; LINKS
The Website may contain links to third party websites (“Third-Party Sites”) that are not owned, controlled or operated by Razor.
THE COMPANY IS NOT RESPONSIBLE FOR THIRD-PARTY SITES OR THEIR CONTENT. THE THIRD-PARTY SITES ARE NOT CONTROLLED BY US AND NEITHER THESE TERMS OF USE NOR OUR PRIVACY POLICY APPLY TO SUCH THIRD-PARTY SITES. ACCORDINGLY, THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING SUCH THIRD-PARTY SITES, HAS NO RESPONSIBILITY FOR THE OPERATION OR CONTENT OF SUCH THIRD-PARTY SITES, AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SITES. YOUR USE OF THIRD-PARTY SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE WEBSITE OF A LINK TO A THIRD-PARTY WEBSITE DOES NOT IMPLY AN ENDORSEMENT BY RAZOR. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SITES, PLEASE UNDERSTAND THAT YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD PARTY SITES. YOU ARE ENCOURAGED TO REVIEW THE AGREEMENTS AND POLICIES FOR ANY WEBSITE YOU CHOOSE TO ACCESS AND CONFIRM THAT THE TERMS ARE ACCEPTABLE TO YOU PRIOR TO YOUR USE.
10. LIMITED PRODUCT WARRANTY; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- a) 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: (i) USED IN A MANNER OTHER THAN FOR RECREATION OR TRANSPORTATION; (ii) MODIFIED IN ANY WAY; OR (iii) RENTED.
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.
- b) ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN ADDITIONAL AND/OR DIFFERENT INFORMATION THAN THE INFORMATION DISPLAYED WITHIN THE WEBSITE OR REFERENCED IN CONNECTION WITH A PRODUCT OR SERVICE OFFERED ON THE WEBSITE. YOU SHOULD NOT RELY SOLELY ON THE INFORMATION DISPLAYED WITHIN THE WEBSITE AND YOU SHOULD ALWAYS READ LABELS, WARNINGS AND DIRECTIONS PRIOR TO USING A PRODUCT OR USING A SERVICE OFFERED ON THE WEBSITE. IF YOU HAVE QUESTIONS OR REQUIRE MORE INFORMATION ABOUT A SPECIFIC PRODUCT DISPLAYED ON THE WEBSITE OR REFERENCED IN CONNECTION WITH A SERVICE OFFERED ON THE WEBSITE, YOU SHOULD CONTACT RAZOR DIRECTLY USING THE INFORMATION AT “CONTACT US” BELOW. ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE ARE FOR GENERAL REFERENCE PURPOSES ONLY. RAZOR ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS REGARDING ANY PRODUCT OR SERVICE OFFERED ON THE WEBSITE.
- c) TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW AND SUBJECT TO PARAGRAPH f) OF THIS SECTION, THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES, OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE CONTENT OF THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT ALLOWABLE BY LAW, THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.
- d) YOU ALSO SPECIFICALLY AGREE THAT RAZOR IS NOT RESPONSIBLE FOR ANY CONTENT SENT AND/OR INCLUDED ON THE WEBSITE BY ANY THIRD PARTY. YOU FURTHER AGREE THAT RAZOR AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AND/OR MAY DISCONTINUE ANY PART OF THE WEBSITE AT ANY TIME.
- e) SUBJECT TO PARAGRAPH f) OF THIS SECTION AND TO THE EXTENT ALLOWABLE BY LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY 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 OUR PRODUCTS OR SERVICES. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE COMPANY’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE LESSER OF $100 OR THE PURCHASE PRICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
- f) IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES. SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
11. PRESENTATION OF PRODUCTS ON THE WEBSITE
- a) Product Descriptions. Razor attempts to provide product descriptions that are as accurate as possible. However, Razor does not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current, or error-free. If a product You purchase from Us is not as described, Your sole remedy is to return it in unused condition. We have also made every effort to display as accurately as possible the colors and finishes of our products that appear on the Website. However, as the actual colors You see will depend on Your monitor, We cannot guarantee that Your monitor’s display of any color or finish will be accurate.
- b) Product Availability; Force Majeure. Certain products or services may be available exclusively online through the Website. Razor’s ability to provide Razor products and services to You and any other 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.
Razor may take any or all of the following actions at any time and for any reason not prohibited by law, with or without notice: (1) limiting the availability of any product, service, or program; (2) discontinuing any product, service, or program; (3) restricting any purchase; (4) cancelling any purchase; or (5) refusing any order. Products may not be available through Razor at all times. Some products may be subject to additional terms, conditions, policies and disclosures.
If We make a change to or cancel an order, We will attempt to notify You by contacting the email and/or billing address/phone number You provided at the time the order was made.
The products made available by Razor are subject to return or exchange only according to the terms of Our Return Policy.
- c) Pricing, Products, or Services on Our Website. While Razor strives to provide accurate product, promotional, shipping and pricing information, typographical errors, inaccuracies or omissions may occur. Certain products or services may be available exclusively online through the website. All descriptions of products, services, promotions, shipping and pricing are subject to change at any time without notice, at Our sole discretion.
- d) Reservation of Rights; Returns. Any order You make is subject to Razor’s acceptance. Razor may require verification of information before accepting or fulfilling any order. We reserve the right at any time to modify or discontinue the product or 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. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction, including in Our sole discretion orders which appear to be placed by dealers, resellers or distributors. We may exercise this right on a case-by-case basis.
All deliveries, returns and refunds are subject to these Terms, and Razor’s Shipping and Return Policy.
12. INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify and hold Razor, its employees, officers, directors, investors, agents, assignees, affiliates, partners, subsidiaries, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of Razor harmless from all claims, liabilities, losses, damages, costs and expenses (including without limitation, attorneys’ fees and expenses, and direct, incidental, consequential, exemplary and indirect damages) arising out of, resulting from or relating to Your use of the Website, Your breach or alleged breach of these Terms, or Your violation of any rights of another user. Razor reserves the right to assume or participate, at Your expense, in the investigation, settlement and defense of any such action or claim.
13. RESOLUTION OF DISPUTES AND ARBITRATION TERMS
PLEASE READ THIS SECTION CAREFULLY. AS SET FORTH BELOW, YOU AGREE TO WAIVE YOUR RIGHTS TO TRIAL OF ANY CLAIM YOU MAY ASSERT BEFORE A JUDGE OR JURY, AND TO PARTICIPATE IN ANY CLASS, COLLECTIVE OR OTHER REPRESENTATIVE ACTION.
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 this paragraph shall be governed by the Federal Arbitration Act.
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 Paragraph 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 paragraph 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 services.
- a) Informal Resolution of Disputes. In the event of any dispute or claim between You and Us (except for the Excluded Disputes defined below in paragraph c)), 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.
- b) 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 Razor products or services, the 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 (including any alleged or actual breach of security), transfer, disclosure (including unauthorized disclosure) 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.
- c) Excluded Claims Not Subject to Arbitration. Notwithstanding paragraph b), 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.
- d) 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 paragraph, 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 paragraph a).
- e) 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”). (If the AAA is not available or unwilling to administer arbitrations consistent with this paragraph, 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 www.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 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 paragraph h) of this section, 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.
- f) 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 paragraphs a), d), and i) for any arbitration You initiate.
- g) Alternative Payment. If You fully complied with the requirements in Paragraphs a), d), and i), 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.
- h) 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 paragraph h) of this section 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.
- i) 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 paragraph a). 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 paragraph, and, if necessary, to enjoin the filing or prosecution of arbitrations or the assessment or collection of AAA fees.
- j) 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.
14. SEVERABILITY
If any provision of these Terms, including Our Privacy Policy, is found invalid, illegal, or unenforceable by any court of competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, as shall this agreement, as if such invalid, illegal, or unenforceable provision(s) had never been a part of these Terms.
15. SURVIVABILITY
Sections 4 (Privacy and Personal Information), 8 (Ownership; Proprietary Rights), 12 (Indemnification; Hold Harmless), 13 (Resolution of Disputes and Arbitration Terms), 14 (Severability), 16 (Headings), 17 (Integration; Entire Agreement; Assignment), 18 (No Waiver), 19 (Children’s Online Privacy Protection Act (“COPPA”) Notification), and 20 (Digital Millennium Copyright Act) shall survive any termination of these Terms.
16. HEADINGS
All headings used in these Terms are for reference purposes only and shall not be used to interpret, analyze, or construe these Terms or the provisions set forth herein.
These Terms, including Our Privacy Policy, California Privacy Notice and our Shipping and Returns Policy, represent the entire agreement between You and regarding the use of the Website. These Terms cancel and supersede all prior understandings between the Company and You regarding the rights and obligations set forth herein. No provision of these Terms shall be modified or amended except as expressly stated within the Terms.
You may not assign these Terms, or any of Your rights or obligations hereunder, without the prior written consent of Razor. Razor may assign all or any part of its rights and obligations under these Terms, and any assignment will inure to the benefit of Our successors, assigns, and licensees.
18. NO WAIVER
NO WAIVER OF ANY OF THESE TERMS BY RAZOR IS BINDING UNLESS AUTHORIZED IN WRITING BY AN OFFICER OF RAZOR AUTHORIZED TO AGREE TO SUCH WAIVER. IF THE COMPANY WAIVES A BREACH OF ANY PROVISION OF THE TERMS, ANY SUCH WAIVER WILL NOT BE CONSTRUED AS A CONTINUING WAIVER OF OTHER BREACHES OF THE SAME NATURE OR OF OTHER PROVISIONS OF THE TERMS AND WILL IN NO MANNER AFFECT THE RIGHT OF THE COMPANY TO ENFORCE ALL TERMS AT A LATER TIME.
19. CHILDREN’S ONLINE PRIVACY PROTECTION ACT (“COPPA”) NOTIFICATION
Our Website is not designed or intended for use by persons under the age of 18. Pursuant to 47 U.S.C. Section 230(d) as amended, We hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that may be harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website, http://eff.org.
20. DIGITAL MILLENNIUM COPYRIGHT ACT
Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on the Website should be promptly sent in the form of written communication to Razor to the email address provided below. All claims must include the following information:
- a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Website are covered by a single notification, a representative list of such works at the Website;
- c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or to have access disabled, and information reasonably sufficient to permit the material to be located on the Website;
- d) Contact information for the complaining party, including full name, postal address, telephone number, and if available, an email address at which the complaining party may be contacted;
- e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- f) A statement under penalty of perjury that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
21. HOW TO CONTACT US
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.
