Terms and Conditions

THIS AGREEMENT IS A PRODUCT WARRANTY AND IS NOT INSURANCE, AND NOT A PART OF ANY PROPERTY OR LIABILITY INSURANCE POLICY.

Introduction

529 Protect is the membership program 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 somehow locating your stolen bicycle is not possible, you can qualify for 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.

Membership Information

• Subject to these terms and conditions, 529 Protect membership 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 membership, and
• A guarantee that our services will locate your bicycle within 30 days, or you may qualify for a replacement bicycle up to $3,000 in value (subject to these terms and conditions).

Eligibility Criteria

To qualify for membership benefits, you must be:

• Over 18 years of age
• A resident of the Colorado, Oregon, Texas or Washington, and
• The owner of the registered bicycle.

In addition, the bicycle must be located in the United States at the time of activating your membership and for membership benefits to apply. All benefits of membership 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.

Membership Benefits

Bicycle Recovery Benefit

Using our Bicycle 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 our services are unable to locate your bicycle within the Recovery Period, and you meet all of the conditions of your membership, you may 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 membership.
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 must be active and payment of your membership fee must be up to date.

Locking your bicycle

• 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.
• 529 Program membership 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.
  • 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.
• Delay, 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 Membership

• 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 at any time by contacting us at [insert contact info].
  • If you pay your annual membership fee upfront, we will refund you for any full months remaining.
  • If you pay your membership fee monthly, you will not receive any refunds for membership fees already paid.
• Once your membership is canceled, you will no longer be eligible for any membership 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 membership if:

• You violate the membership terms;
• 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; 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.

Renewing of your 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 after those 30 days our services are unable to locate your bicycle, and you have met all of your membership obligations, we will provide you with a replacement bicycle of our choosing up to $3,000 in value – 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 membership (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 membership 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 this membership void ab initio and refuse to provide further services without any refund of your membership fees.
• Any reimbursements 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

These terms and conditions are the agreement between you and us with respect to 529 Protect. 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. That is our guarantee to you.

Our service is not a tracking service. 529 Shields do not contain GPSs, 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

If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Claims shall be heard by a single arbitrator.

Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed.

The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing.

Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within 90 days of filing and awards rendered within 120 days. The arbitrator shall agree to these limits prior to accepting appointment.

The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount.

Each party shall bear its own costs and expenses and an equal share of the arbitrators and administrative fees of arbitration.

Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witnesses. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.

Legal action against us

• No suit or action may be brought against us unless there has been full compliance with all terms of this membership.
• No suit or action may be brought against us until the amount of a claim against you has been determined or agreed upon.

Conformity with statutes

When a condition of this membership 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, 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.

Project 529's obligations under this Agreement are insured by a Contractual Liability Insurance Policy issued by [insert insurer]. If Project 529 fails to perform or make payment under the terms of the Agreement within sixty (60) days after your request of performance or payment, you may apply directly to the insurer at [insert insurer contact details].

Project 529, Inc, 888 SW 5th Avenue Suite 1600, Portland, Oregon, 97204.

E-mail: contact@project529.com