End User License Agreement (EULA), Disclaimer, Assumption of Risk & Arbitration Agreement
This End User License Agreement ("Agreement") applies to the RideKey product, including the physical RideKey device, the RideKey mobile applications (iOS and Android), and the RideKey website and related services (collectively, the "Product"), provided by NEBIZ LLC.
By purchasing, accessing, or using the Product, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, do not purchase or use the Product.
0. App Store Specific Terms
This Agreement is between you and NEBIZ LLC only, and not with Apple Inc. Apple is not responsible for the RideKey application or its content. NEBIZ LLC, not Apple, is solely responsible for providing maintenance, support, warranties, and handling any claims relating to the application, including product liability, intellectual property infringement, or consumer protection claims.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the application.
You acknowledge that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that Apple has the right (and is deemed to have accepted the right) to enforce this Agreement against you.
You are granted a limited, non-exclusive, non-transferable, revocable license to use the RideKey application for personal, non-commercial use on any Apple-branded devices that you own or control, in accordance with the Apple Media Services Terms and Conditions.
The RideKey application is licensed, not sold. All rights, title, and interest in and to the application and related intellectual property remain the exclusive property of NEBIZ LLC.
You agree to comply with all applicable export laws and regulations, including U.S. export control laws, and represent that you are not located in a country subject to U.S. government embargo or designated as a terrorist-supporting country.
1. No Warranty / AS-IS
The Product is provided "AS IS", "AS AVAILABLE", and "WITH ALL FAULTS", without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, non-infringement, durability, or performance, to the maximum extent permitted by law.
Some jurisdictions do not allow the exclusion of certain warranties. In such cases, warranties are limited to the minimum scope and duration required by applicable law.
2. Not a Safety Device
The Product is NOT a safety device. It is not designed, tested, certified, or intended to prevent injury, death, or property damage, and must not be relied upon for personal safety, emergency shutdown, or hazard prevention. It is a backup device to your original OEM key. Always rely on your original OEM key and tether for safety purposes!
3. Assumption of Risk
You acknowledge and expressly assume all risks associated with the use, misuse, installation, modification, or failure of the Product, including risks of property damage, vehicle damage, personal injury, serious bodily harm, or death, whether foreseeable or unforeseeable.
4. User Responsibility & Suitability
You are solely responsible for determining whether the Product is appropriate, suitable, and safe for your intended use, purpose, vehicle, environment, and operating conditions, and for ensuring compliance with all applicable laws, regulations, manufacturer requirements, and safety standards.
5. Aftermarket Product & Trademark Notice
The Product is an aftermarket accessory. It is not manufactured, sponsored, endorsed, approved, or affiliated with Bombardier Recreational Products Inc. (BRP) or any of its brands. Any references to vehicle makes or models (including Sea-Doo®, Ski-Doo®, Can-Am®, or other trademarks) are for compatibility identification purposes only. All trademarks are the property of their respective owners.
6. Limitation of Liability
To the maximum extent permitted by law, NEBIZ LLC shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to damage to vehicles, watercraft, equipment, or property; loss of use; loss of profits; business interruption; personal injury; or death, arising from or related to the Product.
Maximum liability, if any, shall not exceed the original purchase price paid for the Product.
7. Legal Costs
NEBIZ LLC shall not be responsible for any legal fees, court costs, arbitration costs, expert fees, or other expenses incurred by the user, regardless of claim type or outcome.
8. Indemnification
You agree to release, indemnify, defend, and hold harmless NEBIZ LLC, its owners, members, officers, employees, contractors, and agents from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses arising from or related to your use or misuse of the Product.
9. Arbitration Agreement & Class Action Waiver
By purchasing, accessing, or using the Product, you and NEBIZ LLC mutually agree that any dispute, claim, or controversy arising out of or relating to the Product, including its purchase, use, or performance, may be resolved by final and binding arbitration in accordance with this Agreement and New Hampshire Superior Court Rule 33.
Arbitration shall be conducted through the New Hampshire Judicial Branch Office of Mediation and Arbitration using an arbitrator selected from the list of approved arbitrators maintained by the New Hampshire Judicial Branch, unless the parties mutually agree in writing to an alternative arbitration provider or arbitrator.
Arbitration shall be conducted on an individual basis only and not as a class, collective, representative, or consolidated action.
By agreeing to arbitration, you and NEBIZ LLC understand and agree that arbitration is a substitute for a lawsuit in court and that both parties waive any right to a trial by judge or jury for any dispute subject to arbitration.
Nothing in this section prevents either party from seeking relief in a court of competent jurisdiction if the parties do not mutually agree to arbitrate a particular dispute or if arbitration is not permitted under applicable law. However, the parties acknowledge that arbitration is the preferred method of dispute resolution under this Agreement.
10. Governing Law & Location
This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire, USA, without regard to conflict-of-law principles. Arbitration shall take place in New Hampshire unless otherwise required by applicable law.
11. International Use
If you access or use the Product outside the United States, you do so at your own risk and are solely responsible for compliance with all local laws, regulations, import/export requirements, and consumer protection rules. NEBIZ LLC makes no representation that the Product is appropriate or compliant outside the United States.
12. Consumer Rights (EU / UK and Other Jurisdictions)
Nothing in this Agreement is intended to exclude or limit any consumer rights that cannot be excluded or limited under applicable law, including statutory rights under EU or UK consumer protection legislation.
In jurisdictions where limitations of liability, warranty exclusions, or mandatory arbitration are restricted or prohibited, such provisions shall apply only to the maximum extent permitted by law.
13. Severability
If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect.
14. Entire Agreement
This Agreement constitutes the entire agreement between you and NEBIZ LLC regarding the Product and supersedes all prior or contemporaneous communications or understandings, whether written or oral.