Terms and Conditions

Terms of Service This Agreement was last modified on April 21, 2014 Patchnride, LLC permanently repairs bicycle flat tires of all types in less than sixty (60) seconds. The text below governs the Terms and Conditions for patchnride, LLC and all of the products it provides to consumers. The Site and its original content, features and functionality are owned by patchnride, LLC and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.

Additional Terms

In the event that a conflict arises between the Terms and Conditions of patchnride, LLC and the terms in any additional Terms and Conditions, the patchnride, LLC Terms and Conditions shall reign as the controlling Terms and Conditions. Additionally, the following additional terms apply to your use of patchnride, LLC products, as applicable: Privacy Policy, wherein patchnride, LLC details the collection and dissemination of your personal information; Warranty Information, wherein patchnride, LLC details the extent of all warranties that govern the usage of our products.

Our Site may contain links to third-party sites that are not owned or controlled by patchnride, LLC. patchnride, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Termination

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. patchnride, LLC Terms and Conditions remain in effect for perpetuity until termination, which can only be done by patchnride, LLC or breach on the part of any user of the products or visitor to this site. In this event, all rights and licenses extended to the customer or visitor shall be terminated. Alternatively, termination can be carried out by a customer or visitor if received in writing by patchnride, LLC and shall constitute a forfeiture of all rights on the part of the customer or visitor as set out by patchnride, LLC.

Disclaimer

patchnride, LLC (hereafter known as the "Company") will utilize - under its own express discretion - all reasonable avenues to deliver finalized products as depicted on the Company web site or any other lawful place disseminated by the Company. The products being offered by the Company are currently in development. As such, there may be delays and/or changes to the product and with the time in which it is delivered to the consumer. The products made by the Company do not come with any warranties (explicit or implicit) including WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY WITH RESPECT TO ANY UNIQUE PURPOSE. Any entity that attempts to use any materials or products made by the Company without express written consent shall be held punishable in a court of law that falls within direct jurisdiction of the Company. The Company also shall not incur any liability of any kind with respect to the products provided by the Company. Consumers will not have the right or any rights to hold harmful the Company. The Company also cannot be held harmful for any use of the products that were not made aware to the consumer as their original intended use. It is understood that any bodily harm caused by the products made and offered by the Company to the consumer are the result of direct usage of the product by the consumer in a fashion not originally intended. The disclaimer in entirety shall be the sole agreement extended to and include any provisions held by a court or other tribunal of competent jurisdiction.  Therefore, the only agreement that can be forced between the Company and the consumer shall be this disclaimer. If any matter is held in consideration by a court or other tribunal of competent jurisdiction, the provisions shall be limited to this disclaimer to the minimum extent that this disclaimer shall be herein and in the future fully in effect.

Governing Law

This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Florida, United States, without giving effect to any principles of conflicts of law.

Changes to Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions. Please check back for updates, edits or changes to patchnride, LLC Terms and Conditions. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

Third-Party Content

patchnride, LLC at times may display through dissemination knowingly or unknowingly, materials and content from third parties. Any such display does not translate into sponsorship or endorsement or approval by patchnride, LLC of this third-party material and content. Furthermore, such display by patchnride, LLC does not in any way mean that there is a direct or indirect affiliation between patchnride, LLC and the third-party. By purchasing our products and in virtue of essence of accessing our site by mere browsing with or without purchasing any of our products, you agree the patchnride, LLC is not responsible in any such way for the accuracy, timeliness or completeness of such aforementioned third-party content and/or materials. Any direct or indirect display of third-party content and/or materials does not suggest that patchnride, LLC recommends the content and/or materials of said third-party. Any interaction that you undertake with a third-party is at your own risk and patchnride, LLC shall have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third party or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third-party.

Usage Restrictions

patchnride, LLC does not allow use of their products for any illegal, abusive purposes, in any manner that interferes with or interrupts the proper functioning of the products. patchnride, LLC reserves the right to restrict or terminate your right to use particular features of this site if patchnride, LLC determines, in its sole discretion, that your use violates these Terms and Conditions or any other applicable Additional Terms.

Lost or Stolen Merchandise

patchnride, LLC is not responsible for the replacement of any of our products due to loss or theft. It is the responsibility of the purchaser ("original owner") of our product(s) to contact the necessary authorities as they deem fit for such situations or look for the lost product(s) on their own. You can purchase replacement product(s) directly on the patchnride, LLC site if your product(s) are lost or stolen. If you need to purchase new product(s) from patchnride, LLC, then you may need to provide updated information, such as shipping or billing address, if patchnride, LLC needs that information to fulfill your new order.

Site Restrictions

All visitors and/or customers agree not to utilize this site or any piece of information disseminated by the site for any unlawful purpose, which may incur harm, damage or disparage any other party. Any person(s) who attempt to use materials (images, text, trademarks, etc.) on this site without the express written consent of patchnride, LLC could be punishable by law and face serious fines and/or penalties as promulgated by a court governed in the State of Florida as decided upon by executors of the law. There shall be no reproduction, duplication, copying, selling, trading, reselling, distribution of exploitation of any aspect of this site. Also, no data compiled from this site can be used for competitive research purposes. No person(s) is entitled to interfere with the security measures employed by this site. Furthermore, no individuals have the right to extract or compile any data, content, images, etc. from this site for any purpose that includes commercial. Additionally, this site forbids any person(s) from disrupting the site or its networks or its servers. Finally, the Terms and Conditions of this site and patchnride, LLC do not allow any person(s) to undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of all or part of this site or any other part thereof, except and solely to the extent permitted by law, or otherwise attempt to use or access any of this site other than as intended; or use the Site in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.

Site Restrictions

All visitors and/or customers agree not to utilize this site or any piece of information disseminated by the site for any unlawful purpose, which may incur harm, damage or disparage any other party. Any person(s) who attempt to use materials (images, text, trademarks, etc.) on this site without the express written consent of patchnride, LLC could be punishable by law and face serious fines and/or penalties as promulgated by a court governed in the State of Florida as decided upon by executors of the law. There shall be no reproduction, duplication, copying, selling, trading, reselling, distribution of exploitation of any aspect of this site. Also, no data compiled from this site can be used for competitive research purposes. No person(s) is entitled to interfere with the security measures employed by this site. Furthermore, no individuals have the right to extract or compile any data, content, images, etc. from this site for any purpose that includes commercial. Additionally, this site forbids any person(s) from disrupting the site or its networks or its servers. Finally, the Terms and Conditions of this site and patchnride, LLC do not allow any person(s) to undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of all or part of this site or any other part thereof, except and solely to the extent permitted by law, or otherwise attempt to use or access any of this site other than as intended; or use the Site in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.

Reservation of Rights

The products and features of this site are owned and operated by patchnride, LLC. The software, content, visual interfaces, interactive features, information, trademarks, logos, graphics, design, compilation, computer code, products, software, services, content, and all other elements owned by patchnride, LLC, are protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All patchnride, LLC materials, including intellectual property rights therein and thereto, are the property of patchnride, LLC or its subsidiaries or affiliated companies and/or third-party licensors. patchnride, LLC reserves all rights not expressly granted in these Terms. You shall not acquire any right, title or interest to the patchnride, LLC products, whether by implication, estoppel, or otherwise, except for the limited rights set forth in these Terms.

Limitation of Liability and Indemnity Clause

All persons that use this site and thus agree to the Terms and Conditions set forth by patchnride, LLC agree to hold patchnride, LLC harmless for any loss or injury either direct or indirect. patchnride, LLC - in no event - shall exceed a total cumulative liability arising from the use of our products whether in contract or tort of five (5) USD ($ 5.00). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Dispute Resolution

To expedite any disputes between you and patchnride, LLC, you agree that any and all disputes arising in connection with this agreement, shall be resolved in binding arbitration. Arbitration shall take place in South Florida and any and all expenses incurred by you for travel are not the responsibility of patchnride, LLC. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms and Conditions, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms and Conditions. You understand and agree that, by entering into these Terms and Conditions, you and patchnride, LLC are each waiving the right to a trial by jury or to participate in a class action.

  1. Exceptions - Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims
  2. Arbitrator - Any arbitration between you and patchnride, LLC will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting patchnride, LLC.
  3. Notice Process - A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). patchnride, LLC's address for Notice is: patchnride, LLC, 2410 Hollywood Blvd, Hollywood, FL 33020. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or patchnride, LLC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or patchnride, LLC shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, patchnride, LLC shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by patchnride, LLC in settlement of the dispute prior to the arbitrator's award.
  4. Fees - In the event that you commence arbitration in accordance with these Terms and Conditions, patchnride, LLC will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Broward County, Florida, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse patchnride, LLC for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceedings and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
  5. No Class Actions - You and patchnride, LLC agree that each many bring claims against the other party only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and patchnride, LLC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
  6. Modifications - In the event that patchnride, LLC makes any future change to this arbitration provision (other than a change to the patchnride, LLC's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to patchnride, LLC's address for Notice, in which case your account with patchnride, LLC shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
  7. Enforceability - If only subsection (6) of this section or the entirety of this Section 16 is found to be unenforceable, then the entirety of this section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 16 shall govern any action arising out of or related to these Terms.

Jurisdiction

The patchnride, LLC Terms and Conditions shall be governed by the laws of the State of Florida (whether it is through a court of law or through arbitration). If any lawsuit is permitted to proceed hereunder, you and patchnride, LLC agree to submit to personal and exclusive jurisdiction of the state courts and federal courts located within the Southern District of Florida for the purpose of litigating all such claims or disputes. The entire agreement between you and patchnride, LLC exist only in these Terms and Conditions. This agreement usurps all other prior agreements between you and patchnride, LLC whether those are oral or written. In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable, then: (i) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from these Terms and Conditions; and (ii) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby. You agree to abide by all applicable laws in your use of our products. You may not assign these Terms and Conditions without the prior written consent of patchnride, LLC, whether expressly or by operation of law, including in connection with a merger or change of control, and any such attempted assignment shall be void and of no effect. patchnride, LLC may assign these Terms and Conditions without restriction. Subject to the foregoing, these Terms and Conditions shall be binding on the parties and their respective successors and permitted assigns. You acknowledge and understand that if patchnride, LLC is unable to provide products as a result of a force majeure event patchnride, LLC will not be in breach of these Terms and Conditions. A force majeure event means any event beyond the control of patchnride, LLC. The failure to exercise, or delay in exercising, a right,

power or remedy provided in these Terms and Conditions or by law shall not constitute a waiver of that right, power or remedy. patchnride, LLCs waiver of any obligation or breach of these Terms and Conditions shall not operate as a waiver of any other obligation or subsequent breach of these Terms and Conditions.

Contact Us

If you have any questions about this Agreement, please Contact Us.