Terms and Conditions

Introduction

529 Protect is a limited warranty and service program provided with the purchase of the 529 Shield Kit and registration service (the “Program”). It guarantees the performance of the 529 system in assisting recovery of registered bicycles. 529 Protect is for cyclists who want more than just basic bicycle registration - they want confidence, security, and community. Members unlock powerful tools to deter theft and mobilize recovery. If the 529 Protect Program fails to locate your bicycle and thereby perform its intended recovery function, you may be eligible for a limited warranty remedy in the form of a replacement bicycle. This isn't just about personal peace of mind because by joining, you're helping empower bicycle ownership, enable law enforcement, and strengthen a global movement to fight bicycle theft - it's about the community being built around the strength of our services.

Program Information

Subject to these terms and conditions, the 529 Protect Program includes:

• A 529 Shield decal that you must place on your bicycle;
• Access to our world-class bicycle location services in the event your bicycle is stolen, including our proprietary "Bike Detective Software" that we utilize to maximize recovery prospects;
• Inclusion in our national bicycle registration database;
• Easy auto-renewal of your annual registration membership (the "Membership") in the national bicycle registration data base, and
• Protection by Project 529 warranting the performance of the 529 Shield Kit and Bike Detective software. If the system fails to locate your bicycle within 30 days, you may qualify for a replacement bicycle up to $3,000 in value (subject to these terms and conditions). The limited warranty is provided at no additional charge and is included with the purchase of your Membership. The fee described below is solely for participation in the registration database and related services.

Eligibility Criteria

To qualify for Program benefits, you must be:

• Over 18 years of age
• A resident of the United States, and
• The owner of the registered bicycle and in possession thereof at time of activating your Membership.

In addition, the bicycle must be located in the United States at the time of activating your Program and for benefits to apply. All benefits of the Program are suspended any time the bicycle leaves the United States until the bicycle is returned to the United States. Location of the bicycle does not impact your obligation to make sure your Membership fee is paid and up to date.

Bicycle Recovery Benefit

Using our Bike Detective Software, connections with law enforcement, and our broad recovery database, we promise that within 30 days of being notified by you that your bicycle has been stolen we will locate your stolen bicycle (the "Recovery Period").

If the 529 Shield Kit and Bike Detective system fail to perform their intended recovery function and you meet all of the conditions described herein, you will be eligible for a replacement bicycle of equal value to the price you paid for your registered bicycle up to a maximum of $3,000.

Conditions

1. Your bicycle must be registered under your 529 Protect Program.
2. You must provide the bicycle's serial number.
3. A 529 Shield must be visibly applied to your registered bicycle. If you do not receive a 529 Shield within 14 days of activating your Membership or adding a bicycle, it is your obligation to contact us and bring this to our attention.
4. At the time your bicycle is stolen, your Membership in the database must be active, and payment of your database Membership fee must be up to date.
5. You must have complied with these terms and conditions, including, without limitation, the Locking Requirements set forth below.

Locking Requirements

• When your bicycle is kept inside your house, garage, or outbuilding, access to the area where your bicycle is being stored must be securely locked and secured from entry.
• If your bicycle is left outside, but not in or attached to a motor vehicle, it must be:
  • securely locked through the frame,
  • using a lock approved by us, and
  • and securely locked to an immovable object.
• If your bicycle is in or attached to any motor vehicle, at all times it must either:
  • be securely locked inside the vehicle, or
  • securely locked through the frame, using a lock approved by us, to a properly secured bicycle rack that cannot be removed by anyone but you or the owner of the vehicle.

("Vehicle Secured")

Exceptions

Even if our services cannot locate your bicycle within the Recovery Period, you will not qualify for a replacement bicycle if:

• You do not provide us with the serial number for the bicycle.
• You failed to have a 529 Shield decal visibly applied to your registered bicycle.
• Your bicycle is stolen:
  • outside of daylight hours, and
  • your bicycle was Vehicle Secured.

  (So don't Vehicle Secure your bicycle outside of daylight hours!)

• You did not comply with Locking Requirements at the time your bicycle was stolen.
• You fail to provide us with the Police Report in a timely manner.
• There are no signs of forcible entry, or a forcible act of removal, if your bicycle was stored inside your home, premises, garage, or outbuilding, or Vehicle Secured.
• Theft of anything less than the entire bicycle. For the avoidance of doubt, the 529 Program does not apply if it is just tires, wheels, battery, battery pack, custom parts, or accessories that are stolen from the bicycle.
• Your bicycle was stolen while outside of the United States. For the avoidance of doubt, your 529 Program benefits are suspended anytime you take your bicycle outside of the United States, but those benefits will resume once your bicycle returns to the United States.
• Your bicycle was being used for charter, transporting passengers, hire, reward, delivery services, courier services or the carriage of paying passengers.
• Your bicycle was in the care of, or during transportation by, a commercial delivery, courier, or freight company.
• Your bicycle was "stolen" due to confiscation, nationalization, or detention by customs or other government or public authority.
• Your legal liability to any person or organization, including but not limited to any claim or lawsuit against any person for bodily injury or property damage.
• Your bicycle was stolen due to your willful or intentional misconduct, criminal act, or during any illegal activity committed by you or in which you participated.
• Your bicycle was stolen because of an intentional act committed by you, your family members, or anyone who you have entrusted your bicycle to.
• Your bicycle was left unattended at a location other than your home for more than 24 consecutive hours, irrespective of whether security requirements are complied with.
• The theft of your bicycle involves fraud committed by you, your family members, or anyone who you have entrusted your bicycle to.
• Your bicycle is stolen due to a direct or indirect result of any force majeure event.

Fee for 529 Protect Program

• Annual Membership, with monthly and annual payment options available.
• If your bicycle is stolen and you are enrolled in our monthly payment plan, the amount available for any eligible replacement will be reduced by the outstanding balance of your annual Membership fee.

Cancellation Rights

Your Right to Cancel

• You can cancel your Membership in the bicycle database at any time by contacting us on (303) 409-4450 or email at contact@project529.com , however you will not receive any refunds for either monthly or annual membership fees already paid.
• Once your Membership is canceled, you will no longer be eligible for the 529 Protect Program benefits, and we will not be liable for any further obligations to you or performance under these terms and conditions.

Our Right to Cancel

We may cancel your 529 Protect Membership if:

• You violate the terms herein;
• Payment of your Membership fee (upfront or monthly) is not received by us;
• It is discovered that you are engaged in fraud or misrepresentation related to 529 Protect Program; or
• Our services do not locate your bicycle, we have provided you with a replacement bicycle, and you have no other bicycles registered with us.

You will not receive any refunds for either annual or monthly Membership fees already paid if we cancel the Membership for any of the above reasons.

Once your Membership is canceled, you will no longer be eligible for any 529 Protect Program benefits, and we will not be liable for any further obligations to you or performance under these terms and conditions.

Renewing of your 529 Protect Membership

Your Membership will be automatically renewed every year unless you instruct us otherwise.

Recovery Services and Replacement Process

What happens if my bicycle is stolen?

You must notify us as soon as you discover your bicycle was stolen. You must also promptly report the theft to the appropriate law enforcement agency and obtain for us a filed copy of your police report.

Reporting requirements

We have the right to request additional information from you, but at a minimum you must do the following:

• You must report the theft of your bicycle using the Project 529 website platform within 48 hours of your discovery that the bicycle was stolen.
• You must file a report with the appropriate law enforcement agency that must include your bicycle's serial number.
• Within 10 days of your discovery of your bicycle being stolen, you must provide us with a copy of the report you filed with law enforcement, and the report must contain a reference number assigned by law enforcement.
• You must provide us with a valid receipt from a commercial retailer of bicycles that reflects the following:
  • The name, address, and phone number of the retailer;
  • The date of purchase;
  • Details identifying the bicycle purchased;
  • The price paid for the bicycle ("Purchase Price"); and
  • The method of payment.
• You must provide us with proof that you owned the bicycle at the time it was stolen. (A statement under penalty of perjury will be sufficient.)
• Photographic proof that the bicycle had a 529 shield decal properly applied at the time of the theft must be submitted.

Bicycle Replacement Eligibility

• We have 30 days from the day you notify us of the theft of your bicycle to successfully locate your bicycle.
• If the 529 system fails to perform its intended recovery function after 30 days, and you meet all requirements stated herein, you may be eligible for a limited warranty remedy in the form of a replacement bicycle. The replacement bicycle will have a retail price that is equal to the lesser of your Purchase Price or $3,000.

What information do I need to provide?

We will ask you to provide us information about the incident and might request things like your bicycle's purchase receipt and/or photos of the incident area. We may also require proof that you complied with the security conditions of the 529 Protect Program (e.g. a purchase receipt for the lock, the lock key and/or evidence of forcible entry). We will also require satisfactory proof that you owned the bicycle prior to any replacement.

Please be aware of the following:

• If, after your bicycle is stolen, you are told of its suspected or actual location, you are required to inform us immediately.
• If we provide you with a replacement bicycle, your acceptance of the replacement confirms that you have transferred all ownership rights in the original bicycle to us, and it will become our property.
• If we agree to provide you with a replacement, we will have met our responsibilities to you under the Program in relation to the bicycle we replace and therefore, the Program will come to an end.
• If we agree to provide you with a replacement, you will not be entitled to a return of any membership fee paid upfront.
• If we agree to provide you with a replacement bicycle and you are paying your membership fee monthly, any unpaid installments toward your annual fee will be deducted from the amount available for the replacement bicycle.
• Your request for a replacement bicycle may be denied if you fail to meet any of your obligations under these terms and conditions.
• You must answer all questions honestly and completely and provide us with any information a reasonable person under the circumstances would expect us to want to know.
• Any misrepresentation or omission made by you may result in denial of benefits available under 529 Protect and cancellation of membership without any refund of your membership fees.
• If you, or anyone acting on your behalf, takes any action that impairs our ability to locate your bicycle, we will consider the 529 Protect Program void ab initio and refuse to provide further services without any refund of your Membership fees.
• If we elect to provide the limited warranty remedy in the form of reimbursement rather than a replacement bicycle, any reimbursement paid will be based on sales tax inclusive costs, up to the lesser of the purchase price or $3,000.

THIS IS NOT AN INSURANCE PRODUCT AND NOT A PART OF ANY PROPERTY OR LIABILITY INSURANCE POLICY.

These terms and conditions are the agreement between you and us with respect to 529 Protect. The 529 Program is a limited warranty and service program. It is not an insurance policy. It is not intended to provide coverage for stolen items, nor compensation for any costs or expenses related to the theft, loss of possession or damage to any bicycle.

Your eligibility for a replacement bicycle is wholly dependent on the terms and conditions of this agreement being satisfied and the failure of our services to locate your bicycle during the Recovery Period.

Our service is not a tracking service. 529 Shields do not contain GPS, implanted chips, electronic tracking or locating devices.

Process of proving ownership

Depending on when you came into possession of your bicycle, there are two methods of proving ownership:

1. If you purchased your bicycle new less than 30 days prior to registration of your bicycle with 529 Protect, please provide us with a copy of your purchase receipt and the bicycle's serial number.
2. If your bicycle was purchased more than 30 days prior to registration of your bicycle with 529 Protect, or purchased second hand, please provide us with two digital images showing the whole bicycle (one left and one right hand image), and one digital image of the bicycle's serial number (generally located under the bicycle's bottom bracket). Please include your membership number written on a piece of paper and visible within each of the required pictures when taking the photos.

Limitation of Liability

We shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from: any errors in or omissions on our website or any services or products obtainable therefrom, the unavailability or interruption of our website or your use of our website.

Where allowed by the State where you reside, Project 529 shall not be liable for incidental, punitive or consequential damages of any kind whatsoever, whether or not caused by or resulting from breach of contract, negligence or other wrongful act or omission, even if Project 529 have been advised of the possibility of such damages.

Dispute Resolution

Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to this Agreement, the relationship between the parties, or any product or service provided shall be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect.

Agreement to Arbitrate; No Court or Jury Trial

By entering into this Agreement, both parties agree to resolve Disputes through arbitration and waive any right to a judge or jury trial, except as expressly provided below or as prohibited by law.

Arbitrator and Hearing Format

Unless the parties agree otherwise, or the arbitrator determines that an oral hearing is necessary, the arbitration will be conducted on the basis of written submissions only (a "desk arbitration"). If an in-person, telephone, or video hearing is required, it will take place in a location mutually agreed upon.

Discovery and Evidence

The parties will exchange non-privileged relevant documents consistent with the Consumer Arbitration Rules. The arbitrator may order limited additional discovery, including written questions or depositions, if necessary to ensure a fair opportunity for each party to present its case, consistent with Consumer Arbitration Rules.

Relief and Remedies

The arbitrator shall have the authority to award all remedies available under applicable law, including monetary, injunctive, or declaratory relief, and attorneys' fees and costs when required by law. The arbitrator may not award relief that would be unavailable in a court of competent jurisdiction.

Arbitration Fees and Costs

Unless determined otherwise by the arbitrator, or otherwise dictated by regulation, each party shall bear its own costs, expenses and attorneys fees and an equal share of the arbitrators' and administrative fees of arbitration.

Time Standards

The arbitration shall be conducted efficiently. The arbitrator shall make best efforts to issue a written award within 120 days of appointment, subject to extension for good cause.

Confidentiality

Upon the agreement of the parties or the request of any party, the arbitrator may make orders concerning the confidentiality of the arbitration proceedings and may take measures for protecting trade secrets and confidential information.

Court and Small Claims Options

Either party may pursue a claim in small claims court instead of arbitration if the claim is within that court's jurisdiction. Either party may seek temporary or preliminary injunctive relief in court to preserve the status quo pending arbitration.

Conformity with statutes

If any condition of this document is in conflict with any applicable law or regulation, that condition is amended to conform to that law.

Words with special meaning

"Accessory/ accessories" mean any fixed part or item used in conjunction with your bicycle, including bicycle mirrors, carriers, etc.

An "approved lock" means a lock that is approved by Project 529, please see our minimum-security requirements for locks on our website.

"Bicycle" means the bicycle as specified in your Membership and covered under the Program, this definition includes electric 'pedal assist' bicycles as approved by your applicable state or Federal legislation. The bicycle is understood to include a standard set of components necessary to render the bicycle functional (i.e. frame, wheels, handlebars, saddle, group-set, etc).

"Custom parts" means a part(s) fitted to your bicycle that replaces a manufacturer-supplied part on your bicycle or which you have specifically selected in lieu of a manufacturer-supplied part.

"Daylight hours" mean the time between sunrise and sunset at the location where the bicycle is at the time it is stolen.

"Immovable object" means a solid object which is permanently fixed to concrete or stone and the object itself is immovable. It must not be possible to remove the object without the use of power tools. It must not be possible to maneuver the bicycle over or under the object while the bicycle is secured to the object by the use of an approved lock.

"Premises" means the land at the address noted on your membership on which your home is located. It does not include the nature strip outside your home or any area that is a common area within a multi-residence property.

"Securely locked" means:

• The bicycle is locked by an approved lock through the frame of the bicycle to an immovable object; or
• The vehicle or building at your home in which your bicycle is left, has - all external doors locked, and all external windows securely latched and locked (where locks are fitted to the latching mechanism), and any security devices (such as an alarm system) are set to active when unoccupied.

"529 Shield" means the tamper-resistant/weather-resistant 529 decal that has a unique, seven-character, ID code and is included in the membership.

"Unattended" means whenever your entire bicycle is out of your direct line of sight or more than five (5) yards away from you.

"We, our or us" means Project 529, Inc.

"You and your" means the person in whose name the membership is issued.