Terms and Conditions

TERMS OF USE AND CONDITIONS

User’s acknowledgment and acceptance of terms

BikeShield, LLC, (Bikeshield)from here on referred to as “us”, “we” or “our”, owns and operates the www.bikeshield.bike website, referred to as “this site”, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of use”), as well as any other written agreement between us and users, from here on referred to as “users”, “you” or “your”. In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these terms of use. All such guidelines or rules are hereby incorporated by reference into these terms of use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THIS SITE IMMEDIATELY.  

THE ONLY REMEDY FOR YOUR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

We reserve the right to change these “Terms of Use” from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these terms of use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgement of the modified “Terms of Use” and agreement to abide and be bound by the modified Terms of Use.

Description of Services

We are an independent company offering bicycle(s) and bicycle components and bicycle repair contracts for sale. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own internet access (including payment of telephone service fees associated with such access). BikeShield does not sell any product warranties.

We reserve the sole right to either modify or discontinue the site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the scope and terms of services, the pricing and coverage structure, or the addition of fee based services. Any new features that augment or enhance the then current services on this site shall also be subject to these Terms of Use.

You understand and agree that temporary interruptions of the services, available through this site as a result of any possible reason, may occur. You further understand and agree that we have no control over third party networks you may access in the course of using this site, and therefore, delays and disruption of other network transmissions are completely beyond our control. 

You understand and agree that the services available on this site are provided “AS IS” and that we do not take responsibility for the timeliness, deletion, incorrect delivery or failure to store any user communications or personalization settings.

 Registration Data and Privacy

In order to access some of the services on this site, you may require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration data”) and maintaining and updating your registration data as required. By registering, you agree that all information provided in the registration data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. You also grant us the right to disclose to third parties’ certain registration data about you. The information we obtain through your use of this site, including your registration data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

Payment of Fees

If you subscribe to a service on or through this site that requires payment of a fee, you agree to pay all fees associated with such service. For all charges for services on or offered in connection with this site, you have the following option to pay:

1. Credit Card

2. Debit Card

3. PayPal

4. Apple Pay

5. Venmo

6. PayPal

Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit/debit card information, your name, address, telephone number and email address and provide us with any changes in such information within 7 days of the change.

If, for any reason, your credit or debit card company refuses to pay the amount billed for the service, you agree that at our option, we may suspend or terminate your subscription of the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated account(s).

You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do or did not use the service.

In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

Conduct on Site

Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through the site. You agree not to post any information on or through this site that:

1. Is unlawful, threatening, abusive, harassing,      defamatory, libelous, deceptive, fraudulent, invasive of another’s      privacy, tortious, contains explicit or graphic descriptions or accounts      of sexual acts (including but not limited to sexual language of a violent      or threatening nature directed at another individual or group of      individuals), or otherwise violates our rules or policies;
2. Victimizes, harasses, degrades, or intimidates an      individual or group of individuals on the basis of religion, gender,      sexual orientation, race, ethnicity, age, or disability;
3. Infringes on any patent, trademark, trade secret,      copyright, right of publicity, or other proprietary right of any party;
4. Constitutes unauthorized or unsolicited advertising,      junk or bulk email (also known as “spamming”), chain letters, any other      form of unauthorized solicitation, or any form of lottery or gambling;
5. Contains software viruses or any other computer code,      files, or programs that are designed or intended to disrupt, damage, or      limit the functioning of any software, hardware, or telecommunications      equipment or to damage or obtain unauthorized access to any data or other      information of any third party; or
6. Impersonates any person or entity, including any of our      employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use this site or your account thereon to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that at any time, and at our sole discretion, we may terminate your use of the site and our services without prior notice to you for violating any of the above provisions. In addition, you acknowledge that you will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

 Third Party Content

Third party content may appear on the site or on other sites to which you can link from the site. This content, and the parties creating it, are not under our control, and you acknowledge that we are not responsible for its accuracy, legality, decency, or any other aspect of it, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such content or links or references thereto is provided merely as a convenience and service, and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

 Intellectual Property Information

Copyright © BikeShield.bike.  All Rights Reserved.

For purposes of these Terms of Use, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes, but is not limited to, message boards, chat, and other original content.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of BikeShield.bike. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior writtenauthorization from us or the specific content provider, and you are solely responsible for obtaining the written authorization before reusing any copyrighted material that is available on this site. Any unauthorized use of the content and materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

All custom graphics, icons, logos and service names appearing on the site are registered trademarks, trademarks or service marks of BikeShield.bike. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of BikeShield.bike. Certain of the ideas, software and processes incorporated into and/or available on this site and the services provided thereon are protected by patent applications pending in the United States, and we intend to prepare and file additional patent applications in selected foreign jurisdictions.

 User’s Materials

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium ( known or currently not known) in which it is used.

We respect the intellectual property of others, and by using this site you agree to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send a written or electronic mail notification the administrator immediately. To be effective, the notification must include:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

2. Identification of the copyrighted work claimed to have been infringed;

3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that 

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Disclaimer of Warranties

All service and materials on this site are provided “as is” and “as available”, without warranty of any kind, including, but limited to, the implied warranties of merchantability or fitness for a particular purpose. Without limiting the foregoing, we do not grand warranty that:

A. The services and materials will meet YOUR requirements.  

B. The services and materials will be uninterrupted, timely, and secure and/or error free. 

C. The results that may be obtained from the use of the services or materials will be effective, accurate and/or reliable, or 

D. The quality of any services and information purchased and/or obtained by you from this site from the site and/or affiliates will meet YOUR expectations or will be free mistakes or defects.

You agree that the use of the services, the down loading, transactions or other acquisition of any materials related, but limited to, purchase terms, payment terms and guarantees through this site or any other user or vendor, is done at your own discretion and risk and with your agreement you will be solely responsible for any damage to your computer system or loss of data that results from such activities. 

Content available through this site could represents the opinions and judgments of an information provider, site user, or other person or entity not connected with BikeShield.bike. We are NOT we responsible for the accuracy or reliability of any opinion, advice or statement made by anyone other than an authorized BikeShield.bike spokesperson speaking in his/her official capacity. 

 Limitation of Liability

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this site and the services provided thereon or in connection therewith shall be limited to the amount you paid us for the services on or in connection with the site during the one month period before the act giving rise to the liability.

In no event shall we or our affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages and on any theory of liability arising out of or in connection with the use of this site or any website referenced or linked to from this site.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees and costs, that arise from your use or misuse of this site and the services provided thereon or in connection therewith. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 Email Services

We may make email services available to users of our site, either directly or through a third-party provider. We will not inspect or disclose the contents of private email messages except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.

We may employ automated monitoring devices or techniques to protect our users from mass unsolicited mailings (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

Use of Site and Storage of Material

You acknowledge and agree that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum digital storage space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. You acknowledge that we reserve the right to log off and terminate accounts which have not paid a subscription fee and/or that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States and Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1, 3, 5-11, 14, and 18-20 of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.

Governing Law, Jurisdiction and Venue

This site (excluding any linked sites) is controlled by us from our office in the State of Florida, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of the State of Florida, by accessing this site both of us agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase services available on, through or in connection with this site. 

 Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at Bikeshield.bike@gmail.com. Notices to you may be sent either to the email address supplied by you by creating your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication 

1. On the delivery date if delivered personally to the party; 

2. Two business days after deposit with a commercial overnight carrier, with written verification of receipt; 

3. Five business days after the mailing date, if sent by USPS, return receipt requested; 

4. On the delivery date if transmitted by confirmed facsimile; 

5. On the delivery date if transmitted by confirmed email.

Entire Agreement

These Terms of Use constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

 Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and reasonable attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted within six months (6) after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.