Terms of Service

These Terms of Service (“Terms“) are a legal agreement between you and Mihogo. References to “you” and “your” mean any person or legal entity that visits, accesses, or uses the Site or registers for an Account (defined below). Please read these Terms carefully as they list your obligations and rights and include a requirement that all disputes that you may have under these Terms be taken to arbitration, instead of a jury trial or class action.

BY ACCESSING OR USING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE NOT AUTHORIZED TO OR DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE.

1. Eligibility

You represent and warrant that you are at least 16 years of age or the age of legal majority in your jurisdiction (the “Minimum Age”), whichever is higher. If you are under the Minimum Age, you may not use or access the Site unless explicitly authorized by Mihogo. If Mihogo discovers or has any reason to suspect that you are not at least the Minimum Age, Mihogo reserves the right to suspend or terminate your access to the Site immediately and without notice.

2. Additional Terms

Prior to access and use of certain areas of the Site or other services (such as when you purchase an Mihogo ebike), you may be presented and required to agree to additional terms in lieu of or in addition to these Terms (“Additional Terms“). Additional Terms may be presented online or offline, in either electronic or hardcopy form. In the event of a conflict between these Terms and any Additional Terms, the Additional Terms will govern.

3. Proprietary Rights & License

All Mihogo’ logos, trademarks or registered trademarks, service marks, product or company names in the US and/or other countries, are the property of Mihogo Inc. Other logos, trademarks, services marks, product, or company names mentioned herein are the property of their respective owners.

All images, illustrations, designs, photographs, video clips, text, icons, research, insights, portfolios, reports, written information and other materials that appear on this Website and all other applications developed for products or services offered by Mihogo (collectively, the “Content”) are subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by Mihogo. Your use of the Content, trademarks, service marks, trade dress and copyrighted material displayed on this Site, other than as provided in the Terms or any Additional Terms, is strictly prohibited. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Except as permitted in the Terms or Additional Terms, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, create derivative works from, or otherwise exploit the Content. Mihogo and its affiliates and licensors reserve complete title and full intellectual property rights in any Content you download from this Site and reserve all intellectual property rights that are not expressly reserved herein. Any defined terms, whether capitalized or otherwise, carry the meaning assigned to them in the Terms.

4. Account Registration

In order to access certain Site features, you may be provided with or required to register for a user account (“Account”). Certain Accounts will require internal approval from Mihogo, and Mihogo retains the right to approve or deny Account applications in its sole discretion. If you register or apply for an Account, your ability to use the Site as intended requires you to provide Mihogo with current, complete, and accurate information. You must keep your log-in information confidential and not authorize any third party to use it or your Account. You agree that you will keep your Account information up to date so that it is complete and accurate. Mihogo will attribute all use of your Account to you and you are solely responsible for all activities that occur under your Account. You must notify Mihogo immediately if you suspect any unauthorized use of your Account or any other breach of security. Depending on your Account status or other criteria, your Account may not have full access to all Site features. You agree not to attempt to access any restricted Site features.

5. Website and Content Use

Accessing the Site does not authorize you to use any name, logo, trademark or service mark in any manner. We only grant you permission to display, download, and print in hard copy format other Content for the purposes of using the Site as an internal or personal business resource. You do not have permission to copy, reproduce, distribute, republish, download, display, post electronically or mechanically, transmit, record, mirror, or photocopy any of the Content without the prior written permission of Mihogo or the applicable owner. Specifically, you may not:

  • Modify copies of any Content.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Content.
  • Access or use any part of the Content or any services or materials available through the Site for purposes other than those granted by these Terms or under Additional Terms.

Mihogo may grant third parties the right to link another website to the Site through a URL linking mechanism supplied by Mihogo. Any request for such right must be made to Mihogo in writing. Any alteration, change, modification, adjustment or revision to the linking mechanism must be approved by Mihogo in writing prior to implementation. The permissions described above will terminate automatically if you breach any of these Terms or Additional Terms. Any other use of the Content on this Site including reproduction for purposes other than as granted to you, and including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written permission of Mihogo, is strictly prohibited.

The Site is protected by technical and organizational security mechanisms. If you violate or attempt to violate any of the security protections employed by Mihogo, through the Site or otherwise, you may face civil or criminal liability. We will investigate all suspected violations and may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right to disable your Account, and corresponding username, password, or other identifier at any time and in our sole discretion if, in our opinion, you have violated any provision of these Terms, or Additional Terms.

6. Online Store Terms

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). A breach or violation of any of the Terms will result in an immediate termination of your Services.

7. General Conditions

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.

8. Accuracy, Completeness and Timeliness of Information

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.

9. Modifications to the Service and Prices

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.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

10. Terms for Purchases

Transfer of Ownership to You. Title to all products ordered by you and risk of loss to such products will transfer to you at the time Mihogo delivers such products to the applicable shipping carrier. Note, however, that if we have not received payment in full for the products prior to their delivery, then the products will remain our property until such time as payment is received in full. We reserve the right (subject to applicable law) to terminate your right to use the products if payment is not made when due, or if the credit/debit card company declines payment or requires us to return any payment made for the products, for any reason.

Updates to Ebike Parts. We reserve the right to change any component or part of our ebikes, or to change manufacturers of component parts without notice to you. Such changes, as well as any modification to the manufacture of our bikes, shall not constitute grounds for returning the product.

Battery and Range.Please note that there are many factors that contribute to the actual, real-world range of an ebike battery such as age of the battery, temperature, level of assist, speed, payload, and terrain. Any representation we make regarding the range for a particular ebike based on a full charge of its battery is an estimate, not a guarantee of such performance.

Alterations Void Warranty.Any alterations, modifications, or other changes made by you to an ebike following your purchase which affect the safety, operation, or mechanics of the ebike shall void any applicable product warranty and shall be at your sole risk of harm.

Financing. For qualified purchasers, ebikes may be financed through our consumer financing partners. The necessary qualifications for financing an ebike purchase, and your rights and obligations associated with such purchase, are solely determined by the financing partner. It is your responsibility to review and understand all terms and conditions associated with financing an ebike purchase, and you hereby acknowledge that Mihogo is no way responsible for any such financing.

11. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

12. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

13. Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

14. User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

15. Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

16. Promos and Discounts; Loyalty or Rewards Program

Promos and Discounts. Our Services may advertise promotional discounts, coupon codes, and other offers to be applied upon checkout. These cannot be applied to prior or completed transactions, and must be used at the time of purchase. Generally, promo codes and discounts cannot be combined with other offers or used with subscription orders. Only consumers can use promo codes, they cannot be used by resellers, wholesalers, practitioners, or the like. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible on the Site.

Loyalty or Rewards Program.Some of our Sites may also offer a Loyalty or Rewards Program (“Rewards Program”). If you elect to opt-in to our Rewards Program this section applies to you, as do any terms in this Agreement corresponding to the Rewards Program.

Eligibility and Suspension. Our Rewards Program is only open to legal residents of the United States who are at least sixteen (16) years old at the time of entry. Rewards Programs are void where prohibited. Corporations or other entities or organizations of any kind are not eligible to participate in Rewards Programs. You may only participate in a Rewards Program using one Account. We reserve the right to suspend, modify, or discontinue the eligibility of any person who uses or is suspected of using a Rewards Program in a manner inconsistent with this Agreement or any federal or state laws, statutes or ordinances. In addition to suspension or discontinuance of eligibility, we have the right to take appropriate administrative and/or legal action against such persons. It is your responsibility to ensure any rewards or benefits you earn under a Rewards Program are accrued correctly.

Termination of Rewards Program.The Rewards Programs continue until we terminate them, which we may do at any time, with or without notice to you. Upon discontinuation of any Rewards Program you may lose all benefits under that Rewards Program, including those yet to be redeemed. We also reserve the right to suspend or modify any Rewards Program, at our discretion, at any time. By continuing to participate in the Rewards Program, you accept our modifications. We will make reasonable efforts to provide you notice of changes to the prior to implementation

Disputes and Disclaimer.All questions or disputes regarding eligibility for a Rewards Program, your compliance with this Agreement, accrual of rewards or benefits, or anything else related to a Rewards Program, will be resolved by us in accordance with the “Disputes, Arbitration, and Class Action Waiver” section. By participating, you agree that all decisions we make regarding a Rewards Program are final. The Rewards Program is subject to all applicable laws and regulations.

17. User Content

Mihogo does not control and is not responsible or liable for any information, content, graphics, text, images, software, sound files, video, communications, documents, or other materials that are provided, posted, uploaded, or otherwise submitted to the Site by users of the Site (“User Content”). You acknowledge, represent, and agree that all User Content submitted through your Account (“Your Content”) is submitted voluntarily and is not confidential or proprietary and that Mihogo will not treat it as such. You grant to Mihogo a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license to Your Content to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, license, publish, translate, offer to sell, and sell, rent, lease or lend copies of Your Content (and derivative works thereof), and to publish your name and other information about you in connection with Your Content. Mihogo is under no obligation to post User Content on the Site and may, in its discretion, edit, block, refuse to post, or remove any User Content (including Your Content) at any time. You represent and warrant that you have the rights necessary to grant the rights in this Section and that Your Content does not:

(i) infringe the rights of Mihogo or any third party; (ii) violate any agreement with Mihogo or any third party; (iii) violate any applicable law or regulation; (iv) contain any Content that is fraudulent, untrue, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, harmful or otherwise objectionable as determined in Mihogo’s sole discretion; and (v) cause any damage to Mihogo’s business, reputation, employees, members, or facilities.

If Mihogo suspects violations of the foregoing, Mihogo may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You are solely responsible for Your Content and any other User Content you provide to Mihogo or make available through the Site.

18. Mihogo's Privacy Policy

When you use or access the Site, you authorize Mihogo to automatically collect information about you, your use of the Site, and Site performance, and to use, transmit, process, and store that information in accordance with the Mihogo Privacy Policy.

19. Support and Availability

Mihogo aims to provide the Site in accordance with these Terms but has no obligation to provide support in relation to the Site, Content, your Account, or User Content. Mihogo does not guarantee availability of the Site, Content, your Account, or User Content and your access is permitted only if and when they are available. The Site may be unavailable for service, upgrades, maintenance, or other reasons. To the maximum extent authorized under applicable law, Mihogo reserves the right to discontinue your access to the Site, your Account, or to any Content provided or made available to you through use of the Site at any time without notice to you. If you would like to request support for the Site, please contact us.

20. Changes to These Terms

Mihogo reserves the right to change these Terms at any time. Mihogo will give you notice of any changes by making the updated Terms available through the Site, sending you an e-mail, or by any other reasonable means. The updated Terms are binding on you as of the effective date indicated therein. If you do not want to agree to the updated Terms, you must terminate your Account and stop using the Site and Content. Your continued use of the Site after the effective date will constitute your acceptance of the updated Terms.

21. Termination

You may terminate your Account at any time. However, Mihogo is under no obligation to issue a refund for any prepaid fees associated with your Account. Mihogo reserves the right to terminate your Account, these Terms, and/or suspend or terminate the Site at any time with or without prior notice. Any rights or obligations contained herein intended by their nature to survive termination, shall remain in effect after such termination.

22. Third-Party Products and Services

You may need to use or obtain additional products or services in order to use the Site or Content, such as internet access, a device, or a data connection. You must obtain all third-party products and services separately and pay all associated charges. Mihogo does not endorse, sponsor, or have control over any third-party products or services and will not be responsible for any third-party products or services.

23. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE CONTENT ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. Mihogo AND ITS SUPPLIERS, AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.

IN PARTICULAR, Mihogo, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY:

(A) THAT THE WEBSITE, CONTENT, OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (C) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED. THE SITE, CONTENT, AND USER CONTENT YOU DOWNLOAD OR OBTAIN THROUGH THE SITE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM.

24. Disclaimer of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Mihogo OR ANY SUPPLIER, OR LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SITE, CONTENT, OR USER CONTENT, EVEN IF Mihogo OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

25. Limitation of Liability and Exclusive Remedy

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIONS 13 OR 14, Mihogo AND ITS SUPPLIERS’, AND LICENSORS’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SITE, CONTENT, OR USER CONTENT, WILL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE SITE UP TO U.S. $100.00. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS, THE SITE, CONTENT, OR USER CONTENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES WHICH WILL BE YOUR SOLE AND EXCLUSIVE REMEDY.

26. Dispute Resolution and Binding Arbitration

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AMERICAN ARBITRATION ASSOCIATION’S COMPREHENSIVE ARBITRATION RULES. YOU AND Mihogo AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND Mihogo WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

⦁ This arbitration requirement applies to any claim or dispute of any kind (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, common law, or equitable) between you and Mihogo, its affiliates, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase that relates in any way to your purchase of the Products, these Terms, or Mihogo’s marketing or advertising (“Claims”).

⦁ You still have the right to bring individual Claims in small claims court, to the extent that you qualify.

⦁ Mihogo will pay the arbitration/arbitrator fees.

⦁ Arbitration shall be administered by the American Arbitration Association (AAA), subject to its Consumer Arbitration Rules, available at (800) 778-7879 and adr.org. Discovery shall be permitted in arbitration subject to AAA Consumer Arbitration Rules. The arbitrator shall have exclusive authority to resolve any arbitrability issues including any dispute over these Terms or this arbitration provision’s scope, application, meaning, and enforceability. The arbitrator shall be empowered to grant whatever relief would be available in court. Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

⦁ Claims may not be arbitrated on a class or representative basis. You and Mihogo agree to arbitration only on an individual basis. Neither you nor Mihogo may join or consolidate claims of others or participate in any claim as a class representative or a class member. If any portion of this arbitration agreement is found unenforceable, the unenforceable portion shall be severed, and the remaining arbitration terms shall be enforced (but in no event will there be a class arbitration). This paragraph controls over any inconsistent term in any other agreement.

⦁ You and Mihogo agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

⦁ This arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).

27. Independent Remedies

The exclusion of damages under Section 14 is independent of your exclusive remedy in Section 15 and it survives even if the exclusive remedy fails its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 14 and 15 applies without regard to whether loss, liability, or damage arises from:

(a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.

28. Notice On Potential Limits of Sections 13, 14, and 15

Some jurisdictions do not allow the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentation, and failure to disclose defects), product liability, or for death or personal injury. Nothing in Sections 13, 14, or 15 will be interpreted as excluding liability which cannot under applicable law be excluded in those jurisdictions.

29. Indemnification

You agree to defend, indemnify, and hold Mihogo and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will keep them indemnified from any third-party claim or demand, including reasonable attorneys’ fees, relating to or arising from:

(a) your User Content or your use of the Site; (b) any violation by you of these Terms; or (c) your violation of any another party’s rights or applicable law.

Mihogo reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Mihogo in asserting any available defenses.

30. Governing Law

When completing your purchase, a billing statement including ‘mihogo.com’ and the country code such as 'HK’,'UK’, etc. would be displayed on the payment page and/or your card statement. All purchases will be processed by our respective entity in the corresponding country as indicated by the country code in the billing statement and are governed by the Local Law.

31. General

Section titles are only for convenience and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely.” Mihogo’s failure to act with respect to a breach by you or others does not waive its rights to act with respect to subsequent or similar breaches. A waiver will only be binding on Mihogo if it is in a written document signed by Mihogo. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect. You and Mihogo intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Mihogo agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Mihogo may assign its rights and delegate its obligations under these Terms, in whole or in part, at any time with or without notice to you, and these Terms will be binding upon and inure to the benefit of Mihogo’s successors and assigns. Mihogo shall have the right to assign these Terms, at its sole discretion, without notice to you. You may not assign, transfer or sublicense your rights (if any). These Terms (including any incorporated terms) and any Additional Terms constitute the entire agreement between you and Mihogo with respect to the Site. Both you and Mihogo warrant to each other that, in entering this agreement, neither Mihogo nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms (including any incorporated terms) and any Additional Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Mihogo, or Mihogo’s successors and assigns, will have any right to enforce these Terms.

32. Notices and Contact Information

Mihogo will provide all notices (including legal process) that Mihogo is required to give by any lawful method, including by making notice available through the Site or by sending it to any e-mail or mailing address that you provide to Mihogo. You acknowledge that if you do not provide Mihogo with current and accurate contact information, Mihogo may not be able to contact you.

33. Contact Information

If you have any questions about the Terms of Service, please contact us at:

445 LUCAS AVE, LOS ANGELES, California, 90017, United States of America
Email: support@mihogo.com
Service hours: Mon-Fri 9 am to 6 pm (GMT+8)

Eligibility
Additional Terms
Proprietary Rights & License
Account Registration
Website and Content Use
Online Store Terms
General Conditions
Accuracy, Completeness and Timeliness of Information
Modifications to the Service and Prices
Terms for Purchases
Accuracy of Billing and Account Information
Optional Tools
Third-Party Links
User Comments, Feedback and Other Submissions
Errors, Inaccuracies and Omissions
Promos and Discounts; Loyalty or Rewards Program
User Content
Mihogo's Privacy Policy
Support and Availability
Changes to These Terms
Termination
Third-Party Products and Services
Disclaimer of Warranties
Disclaimer of Certain Damages
Limitation of Liability and Exclusive Remedy
Dispute Resolution and Binding Arbitration
Independent Remedies
Notice On Potential Limits of Sections 13, 14, and 15
Indemnification
Governing Law
General
Notices and Contact Information
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