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    Terms of Use

    Date of Last Revision: September 1, 2021.

     

    This website is operated by Hoyt PDX Electric LLC dba Hoyt St Electric Skate (“Hoyt”). Throughout the site, the terms “we”, “us” and “our” refer to Hoyt PDX Electric LLC dba Hoyt St Electric Skate. Hoyt offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

     

    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 of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised.

     

    You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

     

    PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

     

    I. Store Terms; Registration Data; Account Security

     

    In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

     

    By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are 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 this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

     

    We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

     

    ONLINE SALES AGREEMENT, RELEASE OF LIABILITY & PARENT INFORMATION SALE OF ANY EQUIPMENT ON THIS WEB SITE IS EXPRESSLY CONDITIONED ON THE FOLLOWING AGREEMENT. YOU, OR YOUR PARENT/LEGAL GUARDIAN (IF YOU ARE A MINOR), MUST READ THIS AGREEMENT PRIOR TO PLACING AN ORDER WITH HOYT.

     

    The best safety equipment and the most experienced athlete cannot completely eliminate the risks certain sporting and outdoor activities pose. Certain sporting and outdoor activities are inherently dangerous. By purchasing and using the equipment sold by Hoyt the purchaser understands and voluntarily undertakes the risks involved with sporting and outdoor activities, including but are not limited to: electric skateboarding and skateboarding. Such risks and dangers include, but are not limited to: sprains, broken bones, bruises, cuts, temporary or permanent paralysis and even death. Other risks include: unforeseen weather conditions, hazardous and unknown terrain, geographical conditions, failure to properly maintain equipment, failure to obey traffic instructions or local laws and engaging in sporting and outdoor activities while physically exhausted or disabled. This electric skateboard is a high-performance machine and should not used or operated in any way by children under the age of 14 years old. YOU MUST WEAR APPROPRIATE SAFETY EQUIPMENT (ESPECIALLY A HELMET) WHENEVER RIDING AN ELECTRIC SKATEBOARD.

     

    It is important to use merchandise sold by Hoyt in accordance with the manufacturer's design and recommendations to minimize these risks. However, accidents and unforeseen hazards do exist and the purchaser and users of the merchandise sold by Hoyt agree as follows:

    I, the purchaser or user of the merchandise, agree to release Hoyt, its owners, agents and employees, from any and all liability for damage, injury, paralysis and death to myself, any other person, or property, resulting from the use or misuse of the merchandise sold by Hoyt. I, the parent of a minor child, agree to release Hoyt its owners, agents and employees, from any and all liability for damage, injury, paralysis and death to my child, any other person, or property, resulting from the use or misuse of the merchandise sold by Hoyt.

     

    II. Limited Warranty and Return Policy

     

    Your Hoyt electric skateboard is covered by a 6-month manufacturer's warranty, covering defects in craftsmanship and materials. Not covered is damage as a result of abuse, misuse, neglect, negligence, accident or exposure to water. Modification of components and/or tampering with the electronics voids the warranty. Perishable items like wheels, belts, and bearings, are excluded from warranty and are available for purchase through our website.

     

    Retain your shipping box for return shipment. Warranty excludes damage from shipping packaging. If you discover a product defect within 6-months of the ship date, contact us through our website's General Inquires page for return instructions.

     

    If unsatisfied, you may return your purchase within ten days of delivery for a full refund minus a 6% restocking fee.  The product must be returned in its original condition with no evidence of abuse, damage, wear, or tampering to be determined at our sole discretion.  Contact us through our website's General Inquiries page to initiate the process.

     

    II. Proprietary Rights in Site Content; Limited License

     

    All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

     

    We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

     

    Prices for our products are subject to change without notice. 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 Service. In the event that a Hoyt product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. Hoyt reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Hoyt shall issue a credit to your credit card account in the amount of the incorrect price.

     

    III. Trademarks

     

    Hoyt and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. 

     

    IV. Limitation on Liability

     

    We do not guarantee, represent or warrant that your use will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the product or service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Hoyt’s members, managers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 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. It is agreed that any and all liability of Hoyt its owners, members, managers, agents and employees shall be limited to the purchase price of the merchandise.

     

    V. Governing Law; Venue and Jurisdiction

     

    By visiting or using the Site and/or the Service, you agree that the laws of the State of Oregon, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Oregon, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Oregon.

     

    VI. Arbitration

     

    YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the Hoyt Marketplace may be arbitrated.

    Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
    In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than one (1) year after the cause of action arose.

     

    VII. Indemnity

     

    You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their members, managers, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party. 

     

    VIII. Entire Agreement; Contact Information

     

    The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. Questions about the Terms of Service should be sent to us at https://www.hoytskate.com/pages/service-and-product-issues.

     

    Safety & Compliance

    Skateboarding, electric or otherwise, is a dangerous activity. Naturally, appropriate precautions should be taken to mitigate the risks involved in riding. We strongly recommend that users learn and obey local traffic laws and regulations before riding their boards. Hoyt waives all liability that comes with the use of Hoyt products. Other important safety precautions are listed below: 

    • Always wear a helmet when riding the board. Other protective gears like wrist guards, gloves, elbow and knee pads are also strongly recommended. 
    • Do not ride downhill on a full charge. To prevent dangerous over-charge, the board is designed to cut braking capabilities. Before going downhill on a full charge, dissipate some energy from the board first to allow for a safe ride. 
    • Ride within your capabilities. Hills and high speed can be very dangerous. Always assume you may need to foot brake and never ride faster than you can stop safely without the remote control.
    • Never ride the board while under the influence of drugs and/or alcohol.

    Safety - Must Read

    Electric skateboards are powerful vehicles and require skill and knowledge to ride safely.  Please read before your first ride.

     

    Personal safety

    • Always wear a helmet to avoid serious head injuries.  Gloves and pads are highly recommended.
    • Ride only as fast as you can stop safely.  No machine is guaranteed against malfunction.
    • Never ride mentally fatigued.
    • Learn to fall safely.
    • Learn to foot brake.
    • Always maintain your board, this is the owner’s responsibility.  Always check all screws/nuts throughout the skateboard are tight regularly.  Always clean your bearings for best roll and quietest/smoothest ride (including the bearing in the drive gear). Bearings get dirty and effect ride quality and may reduce battery performance and cause possible bearing failure.
    • Whenever you ride a Hoyt board, you risk serious injury or even death from loss of control, collisions and falls. To ride safely, you must read ALL instructions and safety messages and warnings in the manual.
    • Always respect pedestrians.

    Battery and components

    • Never ride downhill on a full charge.  Regenerative brakes are designed to shut off at full charge to prevent battery damage.
    • Always charge the batteries under supervision and away from flammable objects.  Although safe, precaution is advised.
    • Never use generic or other brands' chargers.
    • Always gently push down the battery packs into the connectors.  Never force fit.
    • Never leave batteries depleted for an extended period of time.  Once lithium-ion cells drop below 28V, recharge may not be possible.  For long term storage, charge to 3 bars on the battery meter.
    • Never touch the electronics to prevent personal injury and short circuits.
    • Periodically check your bearings.  Listen for irregular or grinding noises.
    • Periodically ensure all screws and hardware are tight.  Never over-tighten.
    • Contact Hoyt St before modifying or DIY'ing on your own.  We're here to help.

     Remote control

    • Prevent dangerous, unintended acceleration - turn the board OFF whenever the remote control is off.  Alternatively, keep BOTH board and remote control on and lock the remote control by double-clicking its power button. These are the surest ways to guard against interference and signal hijacking.  Although the receiver's EMI shield provides protection from such attacks, turning off the board will guarantee it.
    • Always ensure your remote control is charged before every ride.  It will vibrate when it drops to 10% charge.

    Your environment

    • Avoid water - Riding in wet conditions is very dangerous and may cause injury. The board is not water proof. The electronic and mechanical components are subject to damage due to water. Please note damage as a result of moisture exposure is not considered a manufacturer defect and not covered by warranty. Grit, sand, and deposits may work their way into the motors, pulleys, belts, and wheel bearings.
    • Abuse - Do not jump on the board, ride off gutters or curbs, smash the board into hard objects, or drop the board on the ground for starting operation. Although the product has been made to handle rigorous riding, it’s still an electrical product and needs to be handled with care and respect.  The warranty does not cover significant impacts or damage resulting from any of the above.
    • Always assume you are invisible to vehicles and pedestrians.  Ride defensively.
    • Never ride at night without lights.  Be seen.
    • Never leave your board in a hot vehicle.  The heat may have adverse effects on the bamboo, electronics, and batteries.
    • Always follow local laws and ride respectfully.  Electric skateboards are gaining widespread attention from local governments.  Work together in getting the law on our side.