Terms of Service for www.BikeFlights.com
This version of the User Agreement is in effect as of Mar 18, 2016.
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Furthermore, you understand and agree that:
BY USING OUR WEBSITE, YOU UNDERSTAND AND AGREE THAT ALL RESOURCES WE PROVIDE ARE "AS IS" AND "AS AVAILABLE". THIS MEANS THAT WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
Your recovery for any shipping related issues is subject to the Bikeflight.com Declared Value Program as detailed in our Shipping Policy and any refunds/price adjustments are subject to the terms and conditions and limitations set forth in the Best Way Guarantee.
IN CONJUNCTION WITH THE LIMITATION OF WARRANTIES AS EXPLAINED ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID (EXCLUDING ONLY THE SERVICE DISRUPTION PAYMENTS DETAILED IN THE BEST WAY GUARANTEE), IF ANY, FOR USE OF PRODUCTS AND/OR SERVICES AND MAY BE FURTHER LIMITED AS SET FORTH IN OUR SHIPPING POLICY/BEST WAY GUARANTEE. NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES OR DISBURSEMENTS) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF OUR WEBSITE OR PRODUCTS OR SERVICES, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE AND BELOW LIMITATIONS MAY NOT APPLY TO YOU.
All content and materials available on www.BikeFlights.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of www.BikeFlights.com and/or its licensors, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by www.BikeFlights.com.
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
You will not have the right to assign or transfer your rights under this User Agreement to any other person or entity without our prior written consent, which consent may be withheld for any reason or for no reason. Furthermore, you acknowledge and agree that your access to and use of the our website and services may not be sublicensed or otherwise transferred voluntarily or by operation of law to any third party. Any attempted assignment, license, sublicense or transfer by you, whether voluntary or involuntary, is void and grounds for termination of your rights under this User Agreement.
This website is controlled by www.BikeFlights.com from our offices located in the State of Oregon, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Oregon, by accessing our website, you agree that the statutes and laws of Oregon, without regard to its conflict of laws provisions and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. EXCEPT AS SET FORTH BELOW, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. YOU FURTHER AGREE THAT ANY ARBITRATION ACTION BROUGHT BY YOU ARISING OUT OF OR RELATING TO THIS USER AGREEMENT OR OUR PRODUCTS AND SERVICES SHALL BE FILED ONLY IN THE STATE OF OREGON AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION AND VENUE IN THE STATE OF OREGON.
Furthermore, any action to enforce the indemnification or intellectual property protections in this User Agreement may be brought by us in the federal or state courts located in Oregon, USA and you hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Headings are for reference purposes only. Our failure to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision herein shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this User Agreement and shall not affect the validity and enforceability of any remaining provisions. This User Agreement, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof.
UNLESS OTHERWISE EXPRESSED, [www.BikeFlights.com] EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about this User Agreement as outlined above, you can contact us at:
BIKEFLIGHTS, LLC. (www.BikeFlights.com)
8316 N. Lombard Street #351
Portland, OR 97203