EMXLocker

Terms of Service

Last updated: July 7, 2026

Important: These Terms of Service constitute a legally binding agreement between you and EMXLocker. Please read them carefully before using our platform.

1. Agreement to Terms

By accessing or using EMXLocker, a marketplace operated by EMXLocker LLC, a Pennsylvania limited liability company ("EMXLocker," "the Platform," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Platform.

EMXLocker is an online marketplace that facilitates the buying and selling of preowned electric motorcycle parts, accessories, and complete e-motorcycles between users ("Buyers" and "Sellers").

2. Eligibility

To use EMXLocker, you must:

3. User Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent behavior, or pose a risk to other users.

4. Marketplace Role

EMXLocker provides a venue for Buyers and Sellers to connect, list items, and complete transactions. EMXLocker itself is not the seller of the goods listed on the Platform. We do not manufacture, own, inspect, ship, or take title to any Listed Good. While we facilitate the exchange of funds through our third-party payment processor (Stripe), we do not hold funds as an escrow agent or money transmitter; all funds are held and moved by Stripe in accordance with the Stripe Connect terms. Our involvement in dispute resolution and the Buyer Guarantee is a voluntary service and does not make us a party to the underlying sale contract between Buyer and Seller.

5. Buyer Responsibilities

As a Buyer, you agree to:

6. Seller Responsibilities

As a Seller, you agree to:

See our Seller Agreement for complete seller terms.

7. Prohibited Items & Conduct

The following are prohibited on EMXLocker:

8. Fees & Payments

Listing items on EMXLocker is currently free. Payment processing and transaction fees may apply to completed sales. Current fees are listed on our Fees page.

Payments are processed through our third-party payment processor (Stripe). By using the Platform, you agree to their terms and privacy policies.

9. Shipping & Delivery

Sellers are responsible for shipping purchased items. Shipping costs are determined at checkout. EMXLocker partners with Shippo for shipping label generation and tracking. Buyers must report non-delivery issues within 14 days of the expected delivery date.

10. Returns & Refunds

See our Refund Policy for complete details on returns, refunds, and the EMXLocker Buyer Guarantee.

11. Intellectual Property

All content on EMXLocker, including logos, text, graphics, and code (excluding user-submitted content), is owned by EMXLocker or its licensors and protected by copyright and trademark laws.

By submitting content (listings, photos, reviews, builds), you grant EMXLocker a worldwide, non-exclusive, royalty-free license to use, display, and distribute that content on the Platform.

12. Platform Disclaimers

THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, EMXLOCKER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO THE PLATFORM ITSELF. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT LISTINGS ARE ACCURATE OR RELIABLE, OR THAT DEFECTS WILL BE CORRECTED.

12A. Assumption of Risk; Waiver of Claims; Disclaimer of Warranties for Listed Items

12A.1. Inherent Risks

You acknowledge that electric motorcycles (including Sur-Ron, Talaria, E-Ride Pro, and similar models), their components, and lithium-ion batteries ("Listed Goods") are inherently dangerous. Riding, charging, storing, transporting, modifying, or installing Listed Goods can cause serious bodily injury, death, or property damage, including from falls, collisions, electrical shock, fire, explosion, and battery thermal runaway. You voluntarily assume all such risks, whether known or unknown, and whether caused by the design, manufacture, condition, or use of any Listed Good, including its failure to perform as expected.

12A.2. Waiver and Release of Claims

To the maximum extent permitted by law, you—on behalf of yourself and your heirs, successors, and assigns—fully and forever release, waive, and discharge EMXLocker and its officers, directors, employees, agents, and affiliates from any and all claims, liabilities, damages, or causes of action (including for personal injury, death, or property damage) arising out of or in any way connected with:

This release applies even if the damage or injury arises from a party's negligence—except where the law prohibits the release of claims for gross negligence, recklessness, intentional misconduct, or strict product liability, in which case the release is limited to the fullest extent enforceable.

12A.3. Disclaimer of Warranties for Goods

ALL LISTED GOODS ARE SOLD BY THE SELLER, NOT BY EMXLOCKER. EMXLOCKER MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER ABOUT ANY LISTED GOOD, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EMXLOCKER EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO ANY LISTED GOOD. NO ADVICE OR INFORMATION OBTAINED THROUGH THE PLATFORM CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE. THE ENTIRE RISK AS TO THE QUALITY, SAFETY, AND PERFORMANCE OF LISTED GOODS IS WITH THE BUYER AND SELLER.

12A.4. No Agency or Endorsement

EMXLocker does not inspect, test, or recommend any Listed Good. The appearance of a product on the Platform does not constitute a guarantee of its safety or legality. You are solely responsible for verifying that any Listed Good is safe, legal, and appropriate for your intended use.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMXLOCKER'S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PLATFORM, ANY LISTED GOOD, OR ANY TRANSACTION (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH CLAIMS THAT ARE NOT BARRED BY SECTION 12A) SHALL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO EMXLOCKER IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Indemnification

You agree to indemnify and hold harmless EMXLocker, its officers, employees, and agents from any claims, damages, or expenses arising from your use of the Platform, your violation of these Terms, or your violation of any third-party rights.

15. Dispute Resolution

15.1. Governing Law

These Terms and any dispute arising from them are governed by the laws of the State of Pennsylvania, without regard to its conflict-of-law principles, except that the Federal Arbitration Act ("FAA") governs the interpretation and enforcement of the arbitration agreement below.

15.2. Mandatory Arbitration

You and EMXLocker agree to resolve any past, present, or future claim, dispute, or controversy arising out of or relating to these Terms, the Platform, or any transaction facilitated through the Platform (collectively, "Disputes") exclusively through final and binding arbitration, rather than in court, except that either party may assert a claim in small claims court if the claim qualifies and remains an individual action. This arbitration agreement applies to all Disputes, including those based on contract, tort, statute, fraud, misrepresentation, or any other legal theory.

15.3. Opt-Out Right

You may opt out of this arbitration agreement within 30 calendar days of first accepting these Terms by sending a written notice to legal@emxlocker.com that includes your full name, account email, and a statement that you decline arbitration. Opting out will not affect any other part of these Terms.

15.4. Arbitration Rules and Fees

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (available at www.adr.org), as modified by these Terms. If AAA is unavailable or declines to administer the arbitration, the parties will mutually select an alternative arbitral forum. EMXLocker will pay all arbitration filing fees and administrative costs for Disputes of less than $10,000, unless the arbitrator finds your claim frivolous. For larger claims, the AAA's fee schedule applies. Each party bears its own attorney's fees, except where a statute or the arbitrator's award allows otherwise.

15.5. Delegation Clause

The arbitrator, and not any federal, state, or local court or agency, has the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable. However, any dispute about the validity of the class-action and jury-trial waivers in Section 15.6 may be decided by a court.

15.6. No Class Actions or Jury Trial

All Disputes must be brought in the parties' individual capacities, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not combine more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If a court finds this class-action waiver unenforceable, any class-action claims must be litigated in a court of competent jurisdiction, while individual claims remain in arbitration. YOU AND EMXLOCKER EACH WAIVE ANY RIGHT TO A JURY TRIAL.

15.7. Mass-Arbitration Batching

If 25 or more similar arbitration demands are filed against EMXLocker within a 90-day period, the claims will be administered in batches of 25. One arbitrator will hear each batch; the remaining claims will be stayed pending the resolution of the preceding batch. AAA's Multiple Case Filing Fee Schedule will apply. The parties will cooperate in good faith to implement this batching provision.

15.8. Venue

The seat of arbitration shall be Philadelphia, Pennsylvania. Any in-person hearings will be held in that city, but you may elect to participate by video or telephone. The arbitrator may award any relief that a court could, including injunctive relief, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

15.9. Severability of Arbitration Provisions

If any part of this Section 15 is found unenforceable as written, it will be reformed to the minimum extent necessary to make it enforceable. If reformation is impossible, the unenforceable provision will be severed, and the remainder of this Section 15 will remain in full force. However, if the class-action waiver in Section 15.6 is finally determined to be unenforceable, then the entirety of this arbitration agreement (except for the jury-trial waiver and governing-law provision) shall be null and void.

15.10. Chargeback Mitigation and Recovery

15.10.1. Dispute Process First. Before initiating any chargeback with your card issuer or bank, you agree to first exhaust EMXLocker's internal dispute resolution process (as described in our Refund Policy). You acknowledge that filing a chargeback without first pursuing a good-faith resolution through us may breach this Agreement.

15.10.2. Confirmation of Receipt and Acceptance. When you confirm receipt of an item through the Platform (including by clicking "Confirm receipt & accept" or similar action), you represent that the item has been delivered, that you have inspected it, and that it matches the listing description and is in the agreed-upon condition. This confirmation is a material term of each transaction and may be used by EMXLocker as evidence in any chargeback representment.

15.10.3. Recovery for Unauthorized Chargebacks. If you confirm receipt of an item and subsequently file a chargeback that is found to be unjustified or that you lose, you agree to reimburse EMXLocker for the full amount of the chargeback, plus any associated fees incurred by us. We reserve the right to recover these amounts from your account, including by setting off against any Held Funds or future payouts, or by seeking reimbursement through any lawful means.

15.10.4. Account Consequences. Filing a chargeback after confirming receipt, or engaging in a pattern of chargebacks, may result in account suspension or termination, and loss of access to the Buyer Guarantee and the Platform.

16. Governing Law

These Terms are governed by the laws of the State of Pennsylvania, United States, without regard to conflict of law principles, as supplemented by Section 15.1 above.

17. Changes to Terms

We may modify these Terms at any time. We will notify users of material changes via email or platform notification. Continued use of the Platform after changes constitutes acceptance of the updated Terms.

18. Termination

You may terminate your account at any time by contacting us. We may suspend or terminate your access to the Platform for violations of these Terms, fraudulent activity, or at our sole discretion.

19. No Professional or Safety Advice

EMXLocker's build planner, upgrade recommendations, compatibility suggestions, and pricing estimates are provided for general informational purposes only. They are not professional, engineering, mechanical, safety, financial, or legal advice, and must not be relied upon as such.

You are solely responsible for verifying part compatibility, obtaining safe and proper installation, and confirming that any part, modification, or vehicle is legal to own, operate, and ride in your jurisdiction. Electric motorcycles and their components can cause serious injury or death if improperly selected, installed, modified, charged, or used. Consult a qualified professional before installing or modifying any part.

Reporting a safety concern or incident. To report a defective or dangerous item, or an accident or injury involving an item bought or listed through the Platform, email support@emxlocker.com as soon as possible. We review safety reports and may remove listings or suspend sellers.

20. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, Seller Agreement, Refund Policy, and Fees page, constitute the entire agreement between you and EMXLocker and supersede all prior or contemporaneous understandings, whether written or oral, relating to the Platform.

Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, severed. The remaining provisions will continue in full force and effect. The severability of the arbitration agreement in Section 15 is governed by Section 15.9 of that section.

No Waiver

Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of EMXLocker.

Assignment

You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

Force Majeure

EMXLocker is not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or utility failures, third-party service outages (including our payment, hosting, or shipping providers), or governmental action.

Notices

We may provide notices to you by email to the address associated with your account, by posting within the Platform, or by other reasonable means; such notices are effective when sent or posted. You may send legal notices to EMXLocker at legal@emxlocker.com. It is your responsibility to keep your account email current.

Survival

Provisions that by their nature should survive termination will survive, including the Marketplace Role, Intellectual Property, Disclaimers, Assumption of Risk & Waiver (Section 12A), Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, and General Provisions sections.

Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

21. Contact Us

Questions about these Terms? Contact us at legal@emxlocker.com. To report a safety concern, defect, or an accident or injury involving an item, email support@emxlocker.com.