METACYCLE Reservation Agreement
Terms & Conditions
Effective Date. Your Reservation is effective when (1) you place your reservation and 2) we receive your Reservation Payment.
Purchase Price. The estimated Purchase Price of the Metacycle, if provided, is only an estimate. Your Purchase Price will ultimately be confirmed once you’ve ordered your Metacycle.
Order Process. While this Reservation secures your approximate priority, it does not constitute the purchase or order of a Metacycle. You can enter into an Order Agreement (and its terms) if you proceed with the order, and your Reservation Payment can be applied towards the Purchase Price of the Metacycle.
Delivery. If you proceed with the order, the estimated delivery date of your Metacycle, if provided, is only an estimate as we do not guarantee when your Metacycle will actually be delivered. Your actual delivery date is dependent on many factors, including manufacturing availability.
Cancelation. Until you enter into the Metacycle Order Agreement, your Reservation may be canceled at any time by contacting SONDORS customer service via our website and for any reason, by either you or us, in which case you will receive a full refund of your Reservation Payment.
Acknowledgements; Non-Transferable. You understand that we will not hold your Reservation Payment separately or in an escrow or trust fund or pay any interest on your Reservation Payment. Your Reservation is not transferable or assignable to another party without our prior written consent.
Limitation of Liability. We are not liable for any incidental, special or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Reservation Payment.
Governing Law; Integration. The terms of this Agreement are governed by, and to be interpreted according to, the laws of the State in which we are licensed to sell Metacycle that is nearest to your primary address at the time you placed this Reservation. Terms relating to the Metacycle not expressly contained herein are not binding.
Agreement to Arbitrate. Please read this agreement carefully. You are agreeing that any dispute between you and SONDORS or its affiliates (which we call “SONDORS”) will be decided by an arbitrator in arbitration rather than by a judge or jury in court. This includes claims arising before you placed your order for your System, such as claims related to statements SONDORS made about our products. If you have a concern or dispute, please send us an email to email@example.com, describing your concern or dispute and how you would like it resolved. Please include your name, e-mail, phone number, and (if applicable) the order number. If the dispute is not resolved within 60 days from the date of your email, the dispute will be decided by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Unless you have not complied with the e-mail notice requirement above, we will pay all AAA fees for any arbitration. To learn more about the Rules and how to begin an arbitration, you can go to www.adr.org. The arbitrator cannot consolidate claims involving others without consent from you, SONDORS, and the others. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing or leasing SONDORS products. In other words, you can bring claims against SONDORS only in your individual capacity and not as a plaintiff or class member in any class or representative action (and the same is true for SONDORS). If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim or request for a remedy (such as what lawyers call “injunctive” relief), then that claim or remedy (and only that claim or remedy) will be carved out of the arbitration and can be filed in court; all other claims must be arbitrated. If you prefer, you can instead take your individual dispute to a small claims court. If you don’t want to agree to arbitration, you can "opt out” of arbitration by sending us a letter within 30 days after placing your initial order for your System and first agreeing to these terms and conditions. Please send the letter to SONDORS Inc.; 2710 Yates Avenue, Commerce, CA 90040 and include your name, your order number, the name of the product you ordered, and a statement explaining your desire to opt out of arbitration. If you do not opt out, your agreement to arbitrate overrides any different arbitration agreement between us, including any arbitration agreement in a lease or finance contract.
This Agreement is entered into and effective as of the date you accept this Agreement, by electronic means or otherwise. By confirming and accepting this Agreement, you agree to the terms and conditions of this Agreement.
Metacycle Reservation Agreement