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TERMS OF SERVICE

Last Updated: February 9, 2026


OVERVIEW

Welcome to Marblehead Cycle.

These Terms of Service (“Terms”) govern your use of the website, online store, physical retail location, services, rentals, and related offerings (collectively, the “Services”) operated by Salem Cycle, Inc. d/b/a Marblehead Cycle (“Marblehead Cycle,” “we,” “us,” or “our”).

Our website is powered by Shopify.

By visiting our website, purchasing products, renting equipment, or using our Services, you agree to be bound by these Terms and the following policies:

Privacy Policy:
https://www.marbleheadcycle.com/policies/privacy-policy

Refund Policy:
https://www.marbleheadcycle.com/policies/refund-policy

Shipping Policy:
https://www.marbleheadcycle.com/policies/shipping-policy

SMS Terms & Conditions:
https://www.marbleheadcycle.com/pages/sms-terms-conditions

If you do not agree, you may not use our Services.


1. ELIGIBILITY

You represent that you are at least the age of majority in your state of residence. If allowing a minor to use equipment, you accept full responsibility for that minor’s actions and safety.


2. PRODUCTS AND SERVICES

We sell bicycles, electric bicycles (e-bikes), components, tools, accessories, and provide repair, installation, fitting, rental, and hand ski/snowboard edge and waxing services.

All product descriptions are subject to change without notice.

Colors and product appearance may vary by device.


3. DISCLAIMER OF WARRANTIES

ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.”

MARBLEHEAD CYCLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

  • MERCHANTABILITY

  • FITNESS FOR A PARTICULAR PURPOSE

  • NON-INFRINGEMENT

  • DURABILITY

  • PERFORMANCE

No employee or agent is authorized to create warranties except in writing signed by an authorized officer.

All manufacturer warranties are provided solely by the original manufacturer.


4. ASSUMPTION OF RISK; RELEASE OF LIABILITY

Bicycling, electric bicycling, skiing, snowboarding, and the use of related equipment are inherently dangerous activities.

Risks include but are not limited to:

  • Equipment failure

  • Brake malfunction

  • Battery failure

  • Collision

  • Loss of control

  • Weather or terrain conditions

  • Rider error

  • Fire or thermal runaway

By purchasing, renting, servicing, or using products from Marblehead Cycle, you:

  1. Voluntarily assume all risks;

  2. Release Marblehead Cycle from claims arising from those risks;

  3. Accept full responsibility for use of the product.

This release applies to claims based on alleged negligence to the fullest extent permitted by law.


5. HELMET AND SAFETY ADVISORY

Helmets and protective equipment may reduce the risk of injury but do not eliminate risk.

Marblehead Cycle strongly recommends wearing a properly fitted, certified helmet at all times.

Failure to use protective equipment increases risk of serious injury or death.


6. SERVICE, INSTALLATION, AND RENTALS

We provide repair, installation, fitting, tuning, and rental services.

You acknowledge:

  • Mechanical systems may fail without warning.

  • Wear components degrade over time.

  • Service does not guarantee prevention of future failure.

  • Rented equipment may have prior use.

We are not liable for:

  • Loss of use

  • Lost wages

  • Travel costs

  • Event fees

  • Business interruption

  • Consequential damages

Customers must inspect all serviced or rented equipment before use.


7. SKI AND SNOWBOARD TUNING

Marblehead Cycle provides hand edge sharpening and waxing services only.

We do not mount, adjust, test, or indemnify ski or snowboard bindings.

Customers are responsible for ensuring bindings are adjusted and tested by a certified technician.


8. ELECTRIC BICYCLES; DRIVE SYSTEMS

We sell e-bikes incorporating third-party systems including but not limited to:

Bosch, Shimano, TQ, Hyena, HyDrive, Bafang, MPF, Zhang Yíng Motor, Yamaha, and others.

We do not design or manufacture these systems.

All warranties regarding motors, batteries, controllers, firmware, diagnostics, and software are provided solely by the manufacturer.

We make no independent warranty regarding:

  • Battery lifespan

  • Range

  • Firmware updates

  • Software compatibility

  • App functionality

  • Regulatory compliance


Lithium-Ion Battery Disclosure

Lithium-ion batteries carry risks including:

  • Fire

  • Explosion

  • Thermal runaway

  • Property damage

You assume all risks associated with charging, storage, and use.

We are not liable for damages arising from:

  • Battery malfunction

  • Manufacturer defects

  • Aftermarket modification

  • Improper charging

  • Crash damage

  • Water exposure


9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF:

(A) THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE; OR
(B) ONE HUNDRED U.S. DOLLARS ($100).

WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES.


10. WAIVER OF SUBROGATION

To the extent permitted by law, you waive any right of subrogation against Marblehead Cycle.

If your insurer pays a claim, it shall have no right to recover from Marblehead Cycle.


11. LIMITATION PERIOD FOR CLAIMS

Any claim must be brought within one (1) year of the event giving rise to the claim.

Failure to file within one year permanently bars the claim.


12. NO RELIANCE ON VERBAL STATEMENTS

You acknowledge that you have not relied on any verbal statements not expressly set forth in writing.

No employee may modify these Terms except in writing signed by an authorized officer.


13. DISPUTE RESOLUTION; ARBITRATION

Before filing a claim, you agree to attempt informal resolution for 30 days.

Any dispute shall be resolved by binding arbitration under the American Arbitration Association Consumer Rules in Massachusetts.

Claims may be brought in small claims court if eligible.


14. WAIVER OF JURY TRIAL

YOU AND MARBLEHEAD CYCLE WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING FROM THESE TERMS OR THE SERVICES.


15. GOVERNING LAW

These Terms are governed by the laws of the Commonwealth of Massachusetts.

You consent to jurisdiction in Massachusetts courts.


16. CHANGES TO TERMS

We may update these Terms at any time by posting revisions.

Continued use constitutes acceptance.


17. CONTACT INFORMATION

Salem Cycle, Inc. d/b/a Marblehead Cycle
25 Bessom Street
Marblehead, MA 01945
United States

Email: ecommerce@marbleheadcycle.com