These terms and conditions (“Terms”) govern and apply to your ordering and purchase of merchandise and apparel (the “Products”) from Rider SportsFashion, LLC (“we”, “us” or the “Company”), either by mail, telephone or through the www.jakroo.com website. By placing an order of products (the (“Purchase Order”), you (“you” or “Buyer”) agree that the Purchase Order is subject to the terms and conditions set forth below. These terms and conditions are fully integrated in the Purchase Order and supersede any other terms and conditions and/or all prior representations, if any, between you and the Company.

Purchase Order Acknowledgment. The placement of a Purchase Order for the production and shipment of Products constitutes acceptance by you of the terms and conditions set forth below. Any shipment of Products by Company shall be deemed to be only on the terms and conditions contained herein, except to the extent that an authorized representative of Company may otherwise expressly consent to in writing.

Intellectual Property Rights and Use. The Company is committed to the appropriate and legal use of the intellectual property of others, as well as the protection of its own intellectual property, including but not limited to text, logos or design elements, including color links, patterns, photographs, prints, images, illustration, icons, color combinations, visual effects, banners, flags, team and company logos and graphics (collectively, the “Design Elements”).

You represent and warrant to the Company that you have all rights, title and interest, including the right to publish and commercially exploit, any and all Design Elements that you may transmit to Company in connection with the placement of an Order for custom Products. You are solely responsible for ensuring that any and all Design Elements do not infringe or otherwise violate any third party rights. To the extent that any such Design Elements are subject to any trademark, servicemark, trade dress or other intellectual property rights (the “Customer IP”), you agree to grant the Company a limited license to use such Customer IP to manufacture and display the Products in connection with the Company’s commercial activities (the “Licensed Customer IP”).

Except for Licensed Customer IP, all Design Elements displayed on www.jakroo.com (the “Company IP”) belong to the Company and may not be used or displayed by anyone except with the prior written consent of the Company.

To the extent that you will use any Company IP for the purpose of designing your Products, or that any Design Element owned or created by the Company and displayed on www.jakroo.com will be displayed on Products for which you place a Purchase Order, you agree to the following additional terms:

The Company remains the exclusive owner of any such Design Element.

Your use of Design Element is only permitted as a licensee for the specific and limited purpose of placing a Purchase Order of Products.

The Company may revoke such license at any time in its own discretion. If the Company revokes such license and you have not breached or otherwise violated these Terms, the Company will refund your Purchase Order, and this will be your exclusive remedy. You may not resell, exploit, reproduce or otherwise use the Products commercially.

The Company has the right, in its sole discretion, to reject any Purchase order or the use of any Customer IP on any Products that the Company considers in violation of these Terms or libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, disability or national origin, containing explicit sexual content or is otherwise inappropriate for production.

Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of the Company please provide written notice to the following agent for notice of claims of infringement:

Derek Wiseman

Rider SportsFashion, LLC, (dBa JAKROO)

4900 Hopyard Road, Pleasanton, CA 94588

Tel: 800-485-7067

Fax: 800-485-7067

Email: ipcompliance@jakroousa.com

In order for us to respond to your notice, it must: (i) contain your physical or electronic signature; (ii) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (iii) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (iv) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (v) contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner’s agent, or the law; (vi) contain a statement that the information in the written notice is accurate; and (vii) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.

Pricing. Prices are as specified by Company and may vary from time to time. Products will be sold at the price included in the Company’s current price list at the date of acceptance; the Company reserves the right to charge additionally for Products or Services not appearing in the Company’s standard price list; and prices so stated apply only to the quantity of each item on each order for delivery to any one place at any one time.

Sales and Local Taxes. Except as otherwise displayed on www.jakroo.com, prices are exclusive of taxes, impositions and other changes, including sales, use, excise, value added and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agent’s and brokers’ fees, consular fees, document fees, and import duties.

Delivery and Title. Company shall use reasonable efforts to initiate shipment and schedule delivery as close as possible. You acknowledge that any delivery dates provided by Company are estimates only and that Company is not liable for failure to deliver on such dates. Delivery of a quantity which varies from the quantity specified shall not relieve you from the obligation to accept delivery and pay for the Products delivered. Delay in the delivery of one installment shall not entitle you to cancel other installments. Deliveries may be wholly or partially suspended, and the time of such suspension added to the original delivery date in the event of a work stoppage, delay or interruption of work as a result of force majeure events, such as strikes, lockouts, trade disputes, breakdown, accident or any cause whatsoever beyond our control. In the event of such an occurrence, the Company shall be entitled to make partial delivery only, and/or to terminate the remaining order without prejudice in any such case to rights accrued in respect of deliveries already made.

Risk of Loss. All items purchased from JAKROO and its subsidiary companies are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Acceptance of Products and Product Return. Under no circumstances shall any Products be returned to Company nor orders canceled nor deliveries suspended by you without the Company’s prior written consent. Such consent will be granted at the sole discretion of the Company, and on terms which will indemnify the Company against all loss thereby suffered. All Products for return shall be returned freight prepaid in the manner specified by the Company. If Products are claimed to be defective, a complete description of the nature of the defect must be provided to the Company immediately upon receipt of Products. Claims for shortage or for Products damaged during shipment must be filed with the freight carrier by you immediately upon receipt of the Products. If you return Products for whatever reason without the Company’s prior written consent, Products shall be returned to you, freight collect. No deductions from invoices for claims against the carrier will be allowed.

Warranty and Limitation on Liability. THE COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS AND WITH RESPECT TO APPLICATIONS OF A PRODUCT. IN PARTICULAR, THE COMPANY MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR RESPECTING INFRINGEMENT. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO COMPANY’S PRODUCTS OR SERVICES OR BOTH. THE TOTAL LIABILITY OF THE COMPANY ON ANY CLAIM SHALL NOT IN ANY EVENT EXCEED THE PRICE PAID TO THE COMPANY FOR THE PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF SUCH CLAIM. YOU ASSUME ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF ANY PRODUCTS OR SERVICES DELIVERED HEREUNDER.

Indemnity. You shall indemnify the Company and its officers, directors, agents, employees and consultants against all liability, loss, damage, costs and expenses whatsoever arising out of or relating to any breach by you of these Terms or from your negligence or intentional acts.

Entire Agreement. These Terms constitute the entire agreement between you and the Company and there are no understandings, representations or warranties of any kind, express or implied, not expressly set forth herein. No modification of these Terms and conditions shall be of any force or effect unless such modification is in writing and signed by both the Company and you. No modification shall be effected by the acknowledgment or acceptance of purchase order forms provided by you containing terms or conditions varying from those set forth herein.

Waiver. The Company’s waiver of any breach, or failure to enforce any of the Terms set forth herein at any time shall not in any way affect, limit or waive the Company’s right thereafter to enforce and compel strict compliance with every term and condition hereof. The acceptance by the Company of any payment after the specified due date shall not constitute a waiver of your obligation to make further payments on the specified dates.

Governing Law. These Terms are governed by and construed in accordance with the laws of the State of California Any action brought to enforce these Terms or matters related thereto may be brought only in either the State or Federal Courts of the State of California, Alameda County; provided, however, that Company shall have the right to institute judicial proceedings in any jurisdiction against you or anyone acting by, through or under you, in order to enforce Company’s rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Unless any claim or cause of action you have with respect to Products and/or Services provided by the Company to you is commenced within one (1) year after the date of the event giving rise to the claim, the Company will be discharged of all liability whatsoever howsoever arising.

Severability. If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed and the remaining provisions of the terms and conditions will remain in force.

Attorneys Fees. In the event of a dispute the prevailing party shall be entitled to reasonable attorneys’ fees and costs.

Effective date: September 24, 2018

Rider Sportsfashion L.L.C. (dba JAKROO) (“us“, “we“, or “our“) operates the jakroo.com website (hereinafter referred to as the “Service“).

This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from jakroo.com

Definitions

• Service

  Service is the jakroo.com website operated by JAKROO

• Personal Data

  Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

• Usage Data

  Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

• Cookies

  Cookies are small files stored on your device (computer or mobile device).

• Data Controller

  Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

  For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

• Data Processors (or Service Providers)

  Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

  We may use the services of various Service Providers in order to process your data more effectively.

• Data Subject (or User)

  Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data“). Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

Usage Data

We may also collect information on how the Service is accessed and used (“Usage Data“). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

• Session Cookies. We use Session Cookies to operate our Service.
• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
• Security Cookies. We use Security Cookies for security purposes.

Use of Data

JAKROO uses the collected data for various purposes:

• To provide and maintain our Service
• To notify you about changes to our Service
• To allow you to participate in interactive features of our Service when you choose to do so
• To provide customer support
• To gather analysis or valuable information so that we can improve our Service
• To monitor the usage of our Service
• To detect, prevent and address technical issues
• To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), JAKROO legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

JAKROO may process your Personal Data because:

• We need to perform a contract with you
• You have given us permission to do so
• The processing is in our legitimate interests and it is not overridden by your rights
• For payment processing purposes
• To comply with the law

Retention of Data

JAKROO will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

JAKROO will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

JAKROO will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Business Transaction

If JAKROO is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement

Under certain circumstances, JAKROO may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

JAKROO may disclose your Personal Data in the good faith belief that such action is necessary to:

• To comply with a legal obligation
• To protect and defend the rights or property of JAKROO
• To prevent or investigate possible wrongdoing in connection with the Service
• To protect the personal safety of users of the Service or the public
• To protect against legal liability

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Our Policy on “Do Not Track“ Signals under the California Online Protection Act (CalOPPA)

We support Do Not Track (“DNT“). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Data Protection Rights under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. JAKROO aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.

If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

• The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

• The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

• The right to object. You have the right to object to our processing of your Personal Data.

• The right of restriction. You have the right to request that we restrict the processing of your personal information.

• The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

• The right to withdraw consent. You also have the right to withdraw your consent at any time where JAKROO relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers“), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyse the use of our Service.

• Google Analytics

  Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

  You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

  For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Behavioral Remarketing

JAKROO uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimise and serve ads based on your past visits to our Service.

• Google Ads (AdWords)

  Google Ads (AdWords) remarketing service is provided by Google Inc.

  You can opt-out of Google Analytics for Display Advertising and customise the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads

  Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

  For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

• Facebook

  Facebook remarketing service is provided by Facebook Inc.

  You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950

  To opt-out from Facebook's interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217

  Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.

  For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

• Stripe

  Their Privacy Policy can be viewed at https://stripe.com/us/privacy

• PayPal / Braintree

  Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 18 (“Children“).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date“ at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

• By email: privacy@jakroousa.com
• By visiting this page on our website: https://express.jakroo.com/terms-of-use
• By phone number (USA): 1-800-485-7067, (EU): +49 711 18424480