Terms & Conditions for BikesOnline USA

Welcome to Bikes Online, Inc.! These Terms and Conditions, and the additional terms, conditions, and policies which are referenced and hereby incorporated herein (including the Privacy Policy) (collectively, this “Agreement”) is made and entered into by and between Bikes Online 24 Inc. (together with its affiliates, successors and assigns “Bikes Online 24”) and you and any person helping you access or use the Site or the Services, whether as a guest or a registered user (collectively, “you” or “your”). You and Bikes Online 24 are sometimes referred to herein, individually, as a “Party” and, collectively as the “Parties”.

 

Please read this Agreement carefully before accessing or using the Site and/or the Services because it constitutes a legally binding contract between you and Bikes Online 24. This includes the “Dispute Resolution” clause contained in this Agreement, which provides for binding arbitration and waivers of jury trials and class actions.

 

These Terms and Conditions are divided into three parts.

 

Part 1 - Website Terms and Conditions - concerns the website (together with its pages and features, the “Site”) that is operated, hosted, and/or published by Bikes Online 24. If you visit, browse, and/or use this website for any reason, you will be bound by the Website Terms and Conditions.

Part 2—Purchase Terms and Conditions—is applicable to all associated services and products provided on, sold through, or in relation to the Site (the “Services”). If you order any products from Bikes Online 24, you will be bound by the Purchase Terms and Conditions.

Part 3 - General Terms and Conditions - relates to certain terms and conditions that apply to both Parts 1 and 2

You are automatically accepting and agreeing to the most recent version of this Agreement whenever you access or use the Site and/or the Services; your continuing access or use of any of the foregoing reaffirms your acceptance and agreement in each instance.

 

If you do not accept and agree to this Agreement in its entirety, then you are strictly prohibited from accessing or using the Site and/or the Services, including making any purchases of products.

 

Bikes Online 24 may supplement, amend, or otherwise modify this agreement at any time. Such modifications will be posted on this or another page of the site as Bikes Online 24 deems appropriate in its sole discretion, and such modifications shall be deemed effective as of their stated effective or modification dates. It is your responsibility to carefully review this Agreement each time you access or use the Site or the Services.

Part 1: Website Terms and Conditions

  1. Use of the Site. This agreement governs your access to and use of the site and any information that is displayed or provided therein. The Site and the contents on the Site are intended solely for personal, non-commercial use. You may download or copy the content of the Site and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any such downloaded content is transferred to you as a result of any such downloading or copying.

 

2. Eligibility. The Site is offered only to users eighteen (18) years of age or older, or otherwise the age of majority in each user’s respective jurisdiction, and who have accepted this Agreement. By accessing or using the site or the services, you represent and warrant to Bikes Online 24 that you meet these eligibility requirements. You agree to comply with all applicable laws for accessing and using the Site or the Services. You should read these Terms and Conditions in conjunction with the Privacy Policy, which is incorporated in these Terms and Conditions by reference.

 

3. Rights, Permissions, and Consents

a. License. Subject to the terms and conditions of this Agreement, Bikes Online 24 grants you a limited, non-exclusive, personal, freely-revocable, non-transferable, and non-sub-licensable license to access and view the various publicly displayed pages of the Site, and to view the information and content found thereon. You may only use the Site for lawful purposes and in a manner that does not infringe the rights of, restrict or inhibit the use and enjoyment of the Site by any third party. Bikes Online 24 may terminate this license at any time for any reason or no reason in its sole discretion. Your unauthorized use of the site or any breach by you of this agreement will automatically terminate this license.

b. Prohibited Activities.
You may not reproduce (except as expressly provided hereunder), publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit in any way any of such content or the Site.
You may not access the Site in order to (a) build a competitive product, service, or website; (b) build a product using similar ideas, features, functions, or graphics of the Site; or (c) copy any ideas, features, functions or graphics of the Site.
You shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the Site in any way.
You shall not engage in any of the following activities at any time with respect to the Site: (a) the impersonation of any person or entity; (b) any act that infringes or otherwise violates the intellectual property, privacy, or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by Bikes Online 24 or its licensors with respect to the Site); (c) the reproduction of the Site or any communications, information or content found thereon or therein, in whole or in part, or the creation of any derivative works of the foregoing (unless expressly authorized by Bikes Online 24 herein); (d) the publication of any content that is objectionable or illegal (including, without limitation, content that is indecent, obscene, infringing, an invasion of privacy, defamatory, disparaging, false, deceptive, misleading, untruthful, fraudulent, threatening, or abusive); (e) the publication of a person’s or entity’s personal information or private facts without his/her/its prior written consent; (f) the publication of any machine, computer, or randomly generated content; (g) supplying or publishing any information or statement on, through, or in relation to the Site that is false, misleading, deceptive, or incorrect; (h) any act intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms, servers, or applications; (i) the systematic retrieval or copying of any information or content found on, through, or in relation to the Site or its servers to directly or indirectly create or compile, in whole or in part, a collection, compilation, database, or directory; (j) the use of any software, program, process, device, application, or routine (including, by way of example only, robots, scrapers, spiders, viruses, spyware, and malware) to monitor, copy, disrupt, damage, injure, interfere with or impermissibly access, in whole or in part, the Site or its servers; (k) any act that involves or concerns decrypting, security bypassing or circumventing, hacking, data mining, data scraping, data harvesting, reverse engineering, decompiling, disassembling, attempting to derive source code, modifying, copying or the like on, through, or in relation to the Site or its servers; (l) any act that overloads, unreasonably disrupts, or unreasonably interferes with the infrastructure of the Site or its servers; (m) any act that gains or attempts to gain unauthorized access to computer systems, networks, information, or materials on, through, or in relation to the Site or its servers; or (n) any other act that Bikes Online 24 becomes aware of and believes in good faith is improper, illegal, or harmful to the Site or its servers, or any person, entity, or property.

Reservation of Rights. You have and will obtain no rights except for the limited rights expressly granted herein. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Bikes Online 24 reserves all rights not expressly granted under this Agreement and nothing in this Agreement restricts or limits Bikes Online 24’s rights, title, or interests in or to the Site, the Services, the products or any elements or derivatives of the foregoing.

 

4. Account Creation. Bikes Online 24 may provide you with the ability to create an account on our website using your social media accounts, such as Facebook, Google, and others. Please note that when you register with your social media account, you hereby consent to share certain account details with us, like name and email address, as permitted by the policies of such platforms and your current privacy settings. Any data received from your social media accounts will be managed in accordance with our Privacy Policy.

 

5. Ownership. The Site and all elements and derivatives of the Site (including, without limitation, all content, information, source codes, object codes, data, instructions, documentation, and expressions), as well as all copyrights, trademarks, trade secrets, and other intellectual properties of the foregoing (including, without limitation, “Bikes Online 24” and all associated logos), are owned, licensed, or permissibly used by Bikes Online 24. In no event shall you have or retain any rights, title, or interests in or to the foregoing other than those limited rights expressly granted to you under this Agreement. No rights or permissions granted to you under this Agreement are coupled with an interest. For the purpose of clarity, nothing provided under this Agreement is to be considered a “work for hire” and Bikes Online 24 does not convey, transfer or assign to you any right, title and interest it may have now or in the future acquire, including but not limited to all intellectual property rights. Nothing contained in this Agreement shall be construed as a waiver or limitation of Bikes Online 24’s or its licensors’ respective rights and remedies under applicable law.

 

6. Links to Other Sites, Apps, Networks, Platforms and Servers

a. Linked Technologies. The Site or any communications sent on, through, or as a function of the Site may contain links to third-party websites, networks, platforms, servers, or applications, and, similarly, third-party websites, networks, platforms, servers, applications, or communications may contain links to the Site (collectively, “Linked Technologies”). The Linked Technologies are not under the control of Bikes Online 24 or the Site, and any such communications contain the outgoing links as a convenience to you, if for any purpose. If you use these Linked Technologies, you will leave the Site.

b. Disclaimer About Linked Technologies. Bikes Online 24 is not responsible for any information, content, goods, services, promotions, advertisements, programs, codes, or other items that may be found on or excluded from the Linked Technologies (including, without limitation, and by way of example only, malicious software, spyware programs, inaccurate information, and illegal content). Bikes Online 24 does not make, nor has Bikes Online 24 made, any representations or warranties (whether express, implied, or otherwise) concerning the terms of use or service, privacy policies, agreements, information, content, goods, services, promotions, advertisements, programs, codes, or other items which may be found on or excluded from the Linked Technologies; nor shall the fact that the Site may link to or from any Linked Technologies constitute an affiliation with, association with, or endorsement of such Linked Technologies or any information, content, goods, services, promotions, advertisements, programs, codes, or other items which may be found on or excluded from such Linked Technologies. If you decide to access any Linked Technologies, then you do so at your own risk, and it is your responsibility to review their terms of use and privacy policy and to take all protective measures to guard against viruses or other destructive elements.

c. Linking to the Site. All links to the Site must be approved in writing by Bikes Online 24 before the creation of the link, except that Bikes Online 24 consents to links in which: (i) the link "points" the user directly to the home page only and not to pages accessible from the home page (ii) the link, when activated by a user, displays this page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked site and (iii) the appearance, position, and other aspects of the link do not create the false appearance that an entity or its activities or products are associated with or sponsored by Bikes Online 24 nor damage or dilute the goodwill associated with the name and trademarks of Bikes Online 24 or its affiliates. Bikes Online 24 reserves the right to revoke this consent to link at any time at its sole discretion.

 

7. Suspension or Termination of Service; Disclaimer. Bikes Online 24 has the right, but not the obligation, to suspend or terminate the function or existence of all or any part of the Site. Bikes Online 24 shall not be liable to you or any third party for any loss or damage that is caused by or arises from or in connection with any such suspension or termination (including, without limitation and by way of example only, refunds, lost profits, lost opportunities, monetary damages, disruption in or loss of service, or loss of content).

 

8. User Content

a. You may be permitted to post, upload, publish, submit, or transmit relevant information and content (“User Content”) on the Site. Bikes Online 24 may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (#) (“Tag”). If you make any User Content available on or through the Site, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms. Bikes Online 24 agrees to only modify User Content to the extent reasonably required. All information You submit to the Site, whether solicited or unsolicited, will not be regarded as confidential. You may request that any of your User Content be removed from the Site or social media by sending us an email at Bikes Online 24. com. Bikes Online 24 will endeavor to action any removal requests within a reasonable time.

b. You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media using a Tag. You represent and warrant that:
you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to Bikes Online 24 the rights in such User Content (as contemplated by these Terms); and
neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of the Site (including on social media) will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

c. Bikes Online 24 reserves the right, but not the obligation, to take down or otherwise exclude from the Site, without notice or recourse, any User Content, including but not limited to, communications, reviews, comments, statements, names, photographs, information, and/or content made or submitted by you or others on or through the Site that Bikes Online 24 believes, at any time and in its sole discretion, to be infringing or otherwise in violation of the proprietary rights, the right of privacy, or the right of publicity of any person or entity; defamatory, disparaging, or embarrassing of or towards any person or entity; profane, indecent or obscene; derogatory in terms of race, nationality, religion, gender, gender identification, sexual orientation or otherwise; threatening; abusive; false, misleading or deceptive; or otherwise illegal or something that Bikes Online 24 considers unsuitable for the Site or its users.

 

Part 2 - Purchase Terms and Conditions

9. User Account

a. Registration. To make a purchase and/or secure the right to access certain information, you may be required to register with and create a personal user account with Bikes Online 24 (an “Account”). Unless otherwise permitted by Bikes Online 24 in writing, you may only have one (1) non-transferable Account. Bikes Online 24 may maintain different types of accounts for different types of users. You may also register for an account using your Google account or Facebook account. If you sign in to your account using your Google or Facebook Account, you authorize us to access certain information on your Google or Facebook Account

b. Account Activity and Information. You are responsible for all activity that occurs under your Account and are prohibited from authorizing or allowing any third party to access or use your Account. Accordingly, you should take all steps necessary to protect and keep secret your Account details and access information (including your login name and password). You should also maintain accurate, complete, and up-to-date information in your Account. For the sake of security, you must immediately notify Bikes Online 24 if you suspect that a third party has gained access to or is making any use of your Account without authorization. Bikes Online 24 will not be liable for any losses or damages arising from your failure to protect your password or Account information and/or caused by any unauthorized use of your Account. For the avoidance of doubt, Bikes Online 24 has the unencumbered right to access and use, and to allow its agents, employees, representatives, contractors, and vendors to access and use, the information in your Account to facilitate the exercise and performance of Bikes Online 24’s rights and obligations under this Agreement (including, without limitation, the Services), the operation of the Site, and/or any other rights, obligations, operations, products, and services related to the Site, the Services, your Account, or the subject matter of this Agreement (including, without limitation, payments and communications).

c. By placing an order or setting up an Account, you are granting your consent to Bikes Online 24 sending or otherwise communicating with you for any purpose (including, without limitation, for advertising, telemarketing, or other marketing or promotional purposes, or for sending or notifying you about special offers, updates, newsletters or other informational purposes) via any electronic means or forms as Bikes Online 24 deems appropriate in its sole discretion, whether through the Site, through your Account, by personal communication, by e-mail, by automatic telephone dialing system, by telephone, by artificial or prerecorded voice, by online social media, by text message (e.g., short message service a/k/a SMS, and multimedia messaging service a/k/a MMS) or by other electronic media means or forms.
Email Opt-Out. You may opt-out of receiving any marketing messages from Bikes Online 24 as described above at any time by any reasonable means, including, without limitation and by way of example, by sending an e-mail to privacy@Bikes Online 24.com with the subject line “Opt-Out of Electronic Communications.”. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the site and/or your ability to receive certain messages or notifications from Bikes Online 24.
SMS and MMS Messaging: Message frequency may vary. For HELP contact sales@Bikes Online 24.com or call (650) 272-3778 . You can Unsubscribe at any time by replying STOP to the SMS message or clicking the unsubscribe link in the message. Message and data rates may apply

 

10. Orders

a. You may order products from us as set out on the Site. If you place an order for products on our site, you are making an order to purchase the product(s) for the price listed on the site (including the delivery fees or other applicable charges and taxes). All of the products on the site are subject to availability. Prices for, and descriptions of, any products or services offered on or through the Site are subject to change without notice and in the sole discretion of Bikes Online 24. Bikes Online 24 reserves the right to discontinue any product or service at any time.

b. BikeOnlime may, in our absolute discretion, accept or reject an order. Bikes Online 24 may, in its sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. Bikes Online 24 has the right to refuse its products and services to any geographic region or jurisdiction, including if it suspects that you are in any way involved in fraudulent or illegal activity and may contact your payment method issuer, law enforcement, or others and share information relating to your payments, as applicable, if Bikes Online 24 believes doing so will prevent a violation of the law or financial loss. In the event that Bikes Online 24 makes a change to or cancels any of your orders, Bikes Online 24 may attempt to notify you by contacting the billing address, phone number, or email provided at the time the order was placed. Bikes Online 24 further reserves the right to limit or prohibit orders that, in Bikes Online 24’s sole discretion, appear to be placed by dealers, resellers, or distributors. If we reject your order, we will notify you within a reasonable time after your order is placed.

c. It is your responsibility to check the order details, including selected products, delivery details, and pricing, before you submit your order through the site.

d. When you order and pay on the site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.

e. All purchases made through the site are subject to availability. We do our best to keep products in stock and to keep the site up-to-date with the availability of products.

f. If a product is available for pre-order only (it is not currently in stock), this will be clearly indicated on our site. We may display the date that the product is expected to be available for shipment to you. These dates are an approximation only, and we will not be liable for any delay in the product being available for shipment or the inaccuracy of the date.

g. We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example, for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example, in relation to a description, price or image). We will contact you using the details you provided when you placed your order. We will refund you any monies paid in relation to an order that we cancel. You will be provided with an email confirmation of the cancellation and the refund.

h. You may cancel your order at any time before shipment of the products.

 

11. Shipping and Delivery

a. Shipping costs are set out on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company. You can find more information in our Shipping Policy.

b. We deliver the products using a range of delivery methods. You may need to sign for deliveries. If neither you nor your authorized representative are at the delivery address to accept delivery, you agree that we may leave the products at your premises.

c. Where you have provided an incorrect or incomplete delivery address for your order, we may charge you a fee for redelivery for each subsequent delivery attempt.

d. The title to the products will remain with us until you have paid in full for the products. The risk of loss of the products will pass to you as soon as they are delivered to the delivery address you provided in your order.

 

12. Payments

a. Sales Transactions. Sales transactions conducted on or through the site will take place through an online shopping cart system (the “Shopping Cart”) and will be processed by a third-party payment processor (“Payment Processor”). All such transactions shall be subject to the terms and conditions and privacy policy of the respective payment processor in addition to this agreement. Bikes Online 24 is not and will not be responsible or liable for any errors, acts, or omissions of the Payment Processor. You irrevocably and expressly authorize the Company to withhold any monies and/or debit any monies from any account that you have identified to the Company for any chargebacks, fees, costs, deductions, adjustments, and any other amounts owed to the Company. Once you proceed to “check-out” or the like, you will be able to review your order, update quantities, remove items, and enter promotional codes, if any, as applicable.

b. Payment Obligations. You agree that you are responsible for the payment of all amounts that accrue under your Account with Bikes Online 24, the Site, and/or concerning the performance of the Services. You also agree to be responsible for all payments, fines, penalties, and other liabilities incurred that arise out of or relate to payments that you authorize or accept on or through the site, including, without limitation, all fees, penalties, taxes, and duties; and to be responsible for all expenses (including costs and reasonable outside attorney fees) and interest incurred by any such person or entity to collect any overdue amounts.

c. Accurate Payment Information. You represent and warrant to Bikes Online 24 that any payment information you provide on or through the Site is current, complete, and accurate, and that you will promptly notify Bikes Online 24 if your payment information has changed (such as a change in address or expiration date), if your payment method has been cancelled, or if you become aware of a breach of security.

 

13. Returns

a. Subject to our Refund & Exchange Policy, we offer a change of mind for products, which is set out in our Returns Policy.

b. Since we have a clear and explicit Refund & Exchange Policy that you have agreed to prior to completing the purchase of any of our products, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card. In the event that a chargeback is placed on a purchase or Bikes Online 24 receives a chargeback threat during or after your purchase, Bikes Online 24 reserves the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

 

14. Competitions & Promotional Codes

a. We love a bargain just as much as you do. That’s why we run promotional codes and competitions from time to time. Competitions are only open to customers aged 18 years or over. Sale prices; promotional prices and discounts are only valid as limited-time offers. Products purchased outside of the discounted period will not be entitled to a discount.

b. Additional terms may apply to promotional codes or competitions. In the event of any inconsistency between such additional terms and these terms, the additional terms will prevail to the extent necessary to resolve the inconsistency. By participating in a competition or taking advantage of a promotion, you agree to this agreement and the relevant additional terms applicable to that promotion or competition.

c. There are several ways you may receive a promotional code, including: via email or phone text, if you have signed up for marketing emails and promotions with us; or via advertisements on our website or our social media channels. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.

d. A promotional code may only be redeemed once. Promotional codes may not be used in conjunction with any other codes, sales, gift certificates, or our 5% Price Match guarantee.
e. Discounts cannot be applied retroactively.

f. Free products received as part of a promotion are not covered by our Returns & Exchange Policy and are not exchangeable for cash or credit.

 

15. Gift Certificates

a. Gift Certificates have a validity of 12 months from the date of purchase, unless otherwise specified at the time of issue in writing. Gift Certificates may be redeemed by entering the certificate code into the applicable field at checkout. Gift certificates will not be refunded.

 

Part 3: General Terms and Conditions

16. Electronic Communications. Our communications with you via the Site or Services use electronic means, whether you visit the Site or send us an email, or whether we post notices on the Site or communicate with you via email or text. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. All notices shall be effective upon the day following sending by electronic mail.

 

17. Privacy and Security 

a. Bikes Online 24 respects and cares about the privacy of others. Bikes Online 24’s policies concerning the collection and use of your personal information in connection with the Site are set forth in Bikes Online 24’s Privacy Policy, which you should carefully review each time you access or use the Site or the Services. The Privacy Policy does not cover the information practices exercised by any third parties that Bikes Online 24 does not own or control.

b. Bikes Online 24 cares about and takes very seriously the integrity and security of your personal information. We take commercially reasonable administrative, physical and electronic measures designed to safeguard and protect the Site, Services, content, materials and data therein from unauthorized access, use, modification, deletion, and/or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

18. User Representations, Warranties, and Covenants. You represent, warrant and covenant to Bikes Online 24 that: (a) you are a natural person and of eighteen (18) years of age or older, or otherwise the age of majority in your jurisdiction; (b) you have read and understand this Agreement in its entirety; (c) you have the full right and authority to enter into and abide by the terms and conditions of this Agreement; (d) you understand and acknowledge that, by accepting this Agreement, you are giving up certain legal rights and remedies; (e) you voluntarily accept and agree to, and will fully comply with, the terms and conditions of this Agreement; (f) you will not violate any applicable international, federal, state, or local laws which may concern the Site, its respective servers, or any information, communications, or content found on or through them; (g) Bikes Online 24 is not required to seek the permission of or compensate any third party to exercise any of the rights granted by you under this Agreement; (h) no obligation, disability, agreement, or adverse claim exists that may restrict your performance or grant of rights hereunder; and (i) all information you provide to Bikes Online 24 in connection with your access or use of the Site and/or the Services is truthful and accurate.

 

19. Disclaimers and Limitations.

a. General Disclaimer. Your access or use of the Site or any products or services made available to you on, through, or in relation to the Site in any way is done at your own risk. The Site, those products and services, the success or performance of the Site or those products and services and all information, communications, content and features offered, marketed, sold, provided, licensed or made available on, through, or in relation to the Site or those products and services are provided to you on an “as is”, “where is”, “as available”, and “with all faults” basis and without any warranty, except as otherwise explicitly provided to you at the time of purchase. Bikes Online 24 does not make, nor has Bikes Online 24 made, any representations or warranties of any kind or nature (whether direct or indirect, oral or written, or express or implied) to you with respect to the Site, any of those products and services, any such information, communications, content, and features or their success, performance, functionality, quality, completeness, accuracy, reliability, marketability, or safety. Bikes Online 24 expressly disclaims any and all express warranties, implied warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose, good faith and fair dealing, title, non-infringement, performance, functionality, quality, completeness, accuracy, reliability, and safety) and warranties arising from conduct, course of dealing, custom and usage in trade with respect to the Site, those products and services, any such information, communications, content or features and their success, performance, functionality, quality, completeness, accuracy, reliability, marketability, and safety. Bikes Online 24 does not make, nor has Bikes Online 24 made, any affirmation of fact, promise or warranty (whether express, implied, or otherwise) relating to the Site, those products and services, or any such information, communications, content, or features or their success, performance, functionality, quality, completeness, accuracy, reliability, marketability, or safety that extends beyond the face of this Agreement or that has become any basis of any bargain.

b. Disclaimer About Certain Information, Communications, and Content. Any opinions, advice, reviews, statements, offers, or other information, communications or content found on, through or in relation to Bikes Online 24, the Site, the Services, or any third-party providers (including, without limitation, online forums, other websites, advertisements, and social media pages) are those of their respective authors, and not necessarily those of Bikes Online 24; thus, they should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such information, communications, or content. Bikes Online 24 does not guarantee, adopt or endorse the accuracy, completeness, reliability, or usefulness of any such information, communications, or content, even if Bikes Online 24 is the author. Bikes Online 24 is not responsible for the accuracy, completeness, reliability or usefulness of any such information, communications, or content. Under no circumstances shall Bikes Online 24 be liable to you or any third parties for any loss or damage caused by or arising from or in connection with your reliance on any such information, communications, or content.

 

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Bikes Online 24 ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, SERVICES OR PRODUCTS. IN NO EVENT SHALL Bikes Online 24, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO Bikes Online 24 HEREUNDER OR $100.00, WHICHEVER IS GREATER. In no event shall Bikes Online 24, any of Bikes Online 24’s parents, subsidiaries, or other affiliates, or any of their respective officers, directors, managers, owners, partners, agents, employees, representatives, trustees, assigns, transferees, contractors, vendors, or licensees be held liable to (or be obligated to indemnify) you or any third party for any direct, indirect, punitive, or special damages (including, without limitation, legal costs, attorney fees, lost profits, replacement costs, or repair costs) caused by or arising from or in connection with: (i) your access or use of the Site, or your inability to access or use the Site or the Services; (ii) any products or services made available on, through, or in relation to the Site; (iii) any statements, content, or conduct of any third party on, through or in relation to the Site or any such products or services; (iv) any unauthorized access to or alteration of your personal information; (v) any hacking, denial of service attacks, data security breaches or other third-party conduct that may lead to a compromise of your personal information or damage to your device(s), software, operating system(s), file(s), carrier(s) or network(s); (vi) any transmission, download or infection of any software, system, program, file, process, device, application or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware and malware) that may lead to a compromise of your personal information or damage to your device(s), software, operating system(s), file(s), carrier(s), or network(s); (vii) the fact that you have relied on any information, content or communications published on, through or in relation to the Site or any such products or services; or (viii) any acts, errors or omissions of any third-party providers. Bikes Online 24 will have no liability for loss of, or damage to, the products, any injury or loss to any person, failure or delay in providing the products or a breach of any law, where such loss was caused or contributed to by any event or circumstance beyond our reasonable control or act or omission of you or your related parties. If you are dissatisfied with the Site or any products or services offered, sold, licensed, or made available on, through, or in relation to the Site, then your sole and exclusive remedy is to discontinue your access and use of the Site and such products and services.
Limitation of Remedies. In no event shall you be entitled to recover any special, incidental, consequential, speculative, exemplary, or punitive damages arising out of this Agreement, even if Bikes Online 24 has been notified of the possibility of such damages.
Consumer Protections. The disclaimers and limitations set forth in this Section are not intended to limit liability or alter your rights as a consumer that cannot be limited or altered under applicable law.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

 

Indemnification. You hereby agree to indemnify, release, and hold harmless Bikes Online 24, Bikes Online 24’s parents, subsidiaries, and other affiliates, and their respective officers, directors, managers, owners, partners, agents, employees, representatives, trustees, assigns, transferees, contractors, vendors, and licensees from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties, and expenses (including costs and reasonable outside attorney fees) incurred by such indemnitees, or asserted against such indemnitees by third parties, arising out of or in connection with (a) your acts, errors, or omissions, (b) your use of the Site or any products or services made available on, through, or in relation to the Site, (c) your violation of the rights of or other injury to any third party, (d) injuries to persons or property (including yourself) resulting from your use or purchase of any products; and/or (e) your breach of all or any part of this Agreement. This indemnification, defense and hold harmless obligation will survive this Agreement and the termination of your use of the Site or Services.

 

22. Governing Law. This Agreement, your access or use of the Site or any Services, your creation of an Account, any transactions made on, through, or in relation to the Site, any products or services purchased on, through, or in relation to the Site, the Parties’ relationship, and all disputes, controversies, and claims arising from or in connection with any of the foregoing (whether grounded in contract, tort, statute, law, or equity) is governed by the laws of the State of California in the United States of America and the applicable federal laws of the United States of America, regardless of its place of execution, its place of performance, and any conflicts of law analysis.

 

23. Dispute Resolution

a. Binding Arbitration; Waiver. Each Party hereby irrevocably submits all disputes, controversies, and claims arising from or concerning this Agreement, your access or use of the Site or the Services, any transactions made on, through, or in relation to the Site, any products or services purchased on, through, or in relation to the Site, and/or the Parties’ relationship (whether grounded in contract, tort, statute, law, or equity) (collectively, the “Dispute(s)”) to binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (a/k/a JAMS) or its successor (“JAMS”) for the resolution thereof, and such arbitration shall be the sole and exclusive method for resolving the Disputes. The arbitration shall be binding, final, and confidential. Each party acknowledges and agrees that he/she/it is waiving the right to a trial by jury or to participate as a member of a class in any purported class action proceeding.

b. Arbitration Rules. The arbitration shall be conducted before a single arbitrator under the then-current JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as supplemented by the Federal Rules of Civil Procedure and the Federal Rules of Evidence if and where applicable as a gap-filler. If there is any conflict between a provision of the JAMS Rules, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, or this Agreement, then the conflicting provision of this Agreement shall control and govern over the JAMS Rules, the Federal Rules of Civil Procedure, and the Federal Rules of Evidence, and the JAMS Rules shall control and govern over the Federal Rules of Civil Procedure and the Federal Rules of Evidence. The construction, interpretation, and enforcement of this Section 22 are governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

c. Arbitration Process, Location, and Procedures. The party initiating the arbitration proceeding shall serve a written notice of arbitration on the other party in accordance with the JAMS Rules. The arbitration shall be held in San Diego County, California, United States of America. The arbitration shall be conducted in the English language. The arbitrator shall be selected in accordance with the JAMS Rules, unless otherwise agreed to by the parties to the arbitration. All issues or questions concerning either the scope of this arbitration clause or the arbitrability of any of the disputes shall be referred to and finally decided by the arbitrator. The arbitrator may construe or interpret, but shall not vary or ignore, the terms and conditions of this agreement and shall be bound by applicable law.

d. Arbitration Decisions and Awards. The arbitrator shall render a written final decision on the subject dispute as soon as practicable and, in any event, not more than forty-five (45) calendar days after the close of evidence and briefing. The arbitrator’s decision shall be written, shall be in accordance with applicable law, and shall be supported by written findings of fact and conclusions of law setting forth the basis for his/her decision. The arbitrator shall have no authority to award punitive, exemplary, or consequential damages unless such an award is authorized by applicable law. The arbitrator shall have the authority to award attorney fees and expenses if such an award is permitted under applicable law. Subject to any applicable rights of appeal, the final decision of the arbitrator shall be binding and conclusive upon all of the parties who have been served with proper written notice of the arbitration proceeding as required by this Section. Judgment on any award rendered by the arbitrator may be confirmed in any state or federal court having jurisdiction thereof that is located in the State of Carolina, United States of America, and may be entered into and enforced by any domestic, foreign, or international court having appropriate subject matter jurisdiction. Any decision, judgment, ruling, finding, award, or other determination of the arbitrator and any information disclosed in the course of any arbitration hereunder shall be kept confidential by the parties, and any court order to enforce the decision, judgment, ruling, finding, award, or other determination of the arbitrator shall be filed under seal.

e. Arbitration Fees and Expenses. JAMS’s administrative and filing fees, the arbitrator’s fees and expenses and all other fees and expenses charged by JAMS and/or the arbitrator to administer or conduct the arbitration shall be shared equally among all parties to the arbitration, provided that the prevailing party to the arbitration may recover an award of its share of such fees and expenses if such an award is permitted under applicable law.

f. Litigation. In the event a particular Dispute is not subject to arbitration (whether by decision of an arbitrator with binding authority, or otherwise according to this Agreement or applicable law), each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state and federal courts situated in San Diego County, California, United States of America, for the litigation of said Dispute, and covenant and agree that neither of the foregoing is an inconvenient venue or forum. Regardless of whether a particular dispute is subject to arbitration or litigation, and to the fullest extent permitted by law, each party does hereby waive his/her right to a trial by jury, to participate as a member of a class in any purported class action or other proceeding, or to name unnamed members in any purported class action or other proceeding.

 

24. Notice and Changes to this Agreement. Bikes Online 24 may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Bikes Online 24 in our sole discretion. Bikes Online 24 reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notifications. Bikes Online 24 is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Bikes Online 24 may, in its sole discretion, modify or update this Agreement from time to time, and so you should review it periodically. When we change the agreement in a material manner, we will update the last modified date at the bottom of this page. Your continued use of the site or services after any such change constitutes your acceptance of the new agreement. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Site or Services.

 

25. Miscellaneous

a. International Use. The Site is controlled and operated by Bikes Online 24 from within the United States of America. Bikes Online 24 makes no representations that materials contained within the Site are appropriate or available for use in other locations, and access to the Site from locations where such activity is illegal is prohibited. Persons who choose to use the site from such other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.

b. California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

c. Feedback. Bikes Online 24 may use any reports, comments, ratings, reviews and suggestions in any form regarding the Site or the Services that you provide to Bikes Online 24 (collectively, the “Feedback”). You grant Bikes Online 24 a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate and use the feedback.

d. Force Majeure. Bikes Online 24 shall not be liable for shipping, processing, manufacturing, or any other delays in performance caused by any act of God, fire or other casualty, accident, strike, shortage of labor or materials, governmental action, industrial disturbance, pandemic, epidemic, or any other cause beyond Bikes Online 24’s reasonable control, and the time for Bikes Online 24’s performance shall be extended by the period of any such delay. Bikes Online 24 reserves the right to apportion its production among its customers as it may determine.

e. Survival. You acknowledge and agree that all indemnification, confidentiality, intellectual property, governing law, dispute resolution, limitation of liability, and other clauses, including those provisions that, by their terms, contemplate survival, shall survive the termination or expiration of this Agreement, regardless of the cause of such termination.

f. No Waiver. No failure or delay to exercise any right, remedy, power, or privilege arising from or in connection with this Agreement will operate or be construed as a waiver thereof, except as otherwise expressly stated in this Agreement. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated, and it does not operate as a waiver on any future occasion.

g. Assignment and delegation. You may not assign, delegate, or otherwise transfer any of your rights or obligations under this agreement.

h. Construction and Interpretation. This Agreement shall be construed to have been drafted by all of the parties, so that any rule of construction or interpretation that construes or interprets ambiguities against the drafter shall have no force or effect.
Headings. Section headings are inserted in this Agreement for reference and convenience only and shall not interpret, define, limit, or describe the scope, intent, terms, or conditions of this Agreement.

i. Severability. If any term or condition of this Agreement is deemed invalid or unenforceable by the arbitrator or (if applicable) a court of law with binding authority, then the remaining terms and conditions shall not be affected, and said arbitrator or court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Agreement.

j. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof, supersedes any prior agreements and understandings, if any, between the Parties with respect to such subject matter, and shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns.

 

Contact Us. Please direct any questions you may have about the Site or this Agreement to privacy @Bikes Online 24.com with a subject line of “Website Question”.