PLEASE READ THIS AGREEMENT CAREFULLY:
Electric Bike Store Directory (EbikeStorehq.com) from Electric Bike Report provides a collection of online resources, including an online business directory service, referred to hereafter as “Service”. This Agreement explains the terms and conditions governing your use of the Services made available to you by EbikeStorehq.com, and its affiliate Mountain Bike Riding Com, LLC, hereinafter called “Website” or “We”. It represents the whole agreement and understanding between Website and the individual, corporation or organization who subscribes to the Service hereinafter called “Member” or “Members” or “You” or “you”. This document is referred to as the “Agreement”.
Acceptance of Terms. By submitting your listing and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. Website may terminate your account at any time, without notice, for conduct that is in breach of this Agreement, or for conduct that we believe is harmful to our business or the user of the Service by others or is harmful to any other party.
Website reserves the right to modify this Agreement at any time, effective upon posting of the modified Agreement to this URL: http://ebikestorehq.com/terms-and-conditions/. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
Description of Service. Website is an online business directory service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED “AS IS” and that we do not assume responsibility for the timeliness, deletion, failed delivery or failure to store any user provided content, communications, or personalization settings.
Registration Obligations. Use of the Service may require you to register and obtain a password. You must be over the age of 18 to use the Service and you represent that you are older than 18 years old. In return for our enabling you to use the Service, you agree to: (a) provide true, accurate, current and complete information about yourself when necessary or as prompted by the Service’s registration form and (b) maintain and promptly update your profile to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current and future use of the Service, or any portion thereof.
Member Account, Password and Security. When the particular service you use requires you to register as described above, you will also receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Your agree to (a) immediately notify Website of any unauthorized use of your password or account or any breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Service Fees; Payment. All Website fees and charges are quoted and billed in US dollars unless otherwise noted. Website uses the PayPal payment processing system. All Members will be redirected to the PayPal payment confirmation page for processing of any applicable Service Fees. Advertising on the website will be posted after payment has been approved based on payment method. If you agree to a subscription term you will be bill automatically. Renewal notices will be sent to you approximately 2 weeks prior to service expiration. In the absence of cancellation notification from you, the Service will be renewed for a successive term. Website reserves the right to modify service fees and rates effective upon posting on EbikeStorehq.com and/or on this Agreement.
Billing inquiries and disputes should be brought to our attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that invoice and charges are accurate. If chargeback or charge dispute notices are received for your account(s), any Services provided to you may be immediately suspended pending investigation and are subject to chargeback service charges.
Use of the Service; Member Conduct. You understand that all information, data, text, messages, postings, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Website, are entirely responsible for all Content that you upload, post, or otherwise transmit via the Service. If you have included information available through the Service then you are responsible for making modifications or updating information to the extent there are errors or updates are required. Website does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You may not post, upload, publish, reproduce, transmit or otherwise distribute information or other material on this Website:
- constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability;
- which is protected by copyright, or other intellectual property right, or derivative works thereof, without obtaining permission of the copyright holder; or
- otherwise use Service in a matter which is contrary to law or electronic etiquette, or which would adversely impact use of Service by other users, including the posting or transmitting of information or software containing viruses or other disruptive components.
You agree that you will not use the Service or the information obtained through the Service (including without limitation, directory and all listings):
- for solicitations, commercial or otherwise;
- for incorporation into a commercial product or service;
- to download directory listings or other information by using any type of automated means;
- for the purpose of soliciting, offending or harassing any person or persons;
- to alter the directory listings or other information, or enter additional listings or Content which in any way:
- contains or contains links to: nudity, pornography, adult content, materials with sex or foul language;
- condones, promotes, contains, or links to wares, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purpose or not;
- promote or condone the sending of unsolicited email or SPAM;
- offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred, or excessive profanity, or to post any obscene, filthy, excessively violent, harassing or otherwise objectionable material;
- sells or promotes any products or services that are unlawful in the location at which the Content is posted or received;
- infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party;
- promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities;
- posts or discloses any personally identifying information or private information about any third parties without their express consent;
- reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Website service, solution or technology;
You acknowledge that Website and its designees reserve the right in their sole discretion to refuse, move or remove any Content that is available via the Service. Without limiting the foregoing, we shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.
Public Content Posted to EbikeStorehq.com. With respect to all Content you choose to post to publicly accessible of the Service, you grant Website world-wide royalty-fee, non-exclusive right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content, in whole or part, and/or to incorporate it in other works, in any form, media, or technology now known or later developed.
Website does not guarantee the accuracy or completeness of the information contained or posted in Service. Website is not liable for any damages or any kind whatsoever resulting from use of or reliance on the Content. Including and not limited to listings of product(s), services, companies, organizations or causes in the Service does not in any way imply endorsement by Website.
Website does not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any deals, coupons or other promotions or Content contained on, distributed through, or linked, downloaded or accessed from the Service. Nor the quality of any product or service, information or other Content displayed, purchased, or obtained as a result of an advertisement or any other information, offer or Content in or in connection with the Service.
Correspondences or business dealings with, or participation in promotions or, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Website shall not be responsible or liable for any loss or damage of any sort incurred as the result of such dealings or as the result of the presence of such advertiser on the Service.
Notices. You agree that, unless other instructions are posted on EbikeStorehq.com, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by United Parcel Service to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Website posted on EbikeStorehq.com. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
Email newsletters will only be sent directly from Website and Member information is not disclosed or sold to any third parties.
Reservation of Rights. Website reserves the right and sole discretion to:
- Censor any Content found in Service that is deemed inappropriate;
- Terminate an account for non-payment of Service Fees or providing fraudulent account information or fraudulent payment information;
- Terminate any account if the Content results in, or are the subject of, legal action or threatened legal action, against Website or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit;
- Terminate any account for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and other activities whether lawful or unlawful that Website determines to be harmful to its other customers, operations or reputation; or for any breach of this agreement;
- Suspend Service(s) at any time for any duration of time when necessary, without penalty or liability to ourselves.
You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.
Limitation of Liability
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND USE OF THE SERVICE IS AT YOUR OWN RISK. WEBSITE MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE OR ANY SERVICE OR INFORMATION PROVIDED THROUGH THE SERVICE. WEBSITE IS NOT RESPONSIBLE FOR ANY DAMAGES, INJURY OR ECONOMIC LOSS ARISING FROM THE USE OF THE CONTENT OR SERVICE PROVIDED BY WEBSITE.
For greater certainty and without limitation to the generality of the following:
- in no event will Website be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you;
- Website, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from use of the Service or the Site;
- in no event shall Website be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on the Site, providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
Indemnification. You agree to indemnify and hold Website harmless from and against, and to reimburse Website with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by Website by reason of or arising out of or in connection with: (i) any breach of this Agreement by you or; (ii) any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by Content or; (iii) illegal, pornographic, or discriminatory Content.
Force Majeure. Website will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay of service provisioning.
Unenforceable Provisions If any part of these Terms and Conditions are found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.
Links to other Websites. Website contains links to third party websites and advertisements with such links. These linked websites are not under control of Website and Website is not responsible for the contents of any linked web site. The inclusion of the link or advertisement on Website does not imply any endorsement of the linked website, and Website has no knowledge of those web sites and/or their products. You should refer to the relevant advertiser for the product information and customer support.
Governing Law. This agreement will be governed by and construed in accordance with the laws of state of Arizona, United States. You irrevocably and unconditionally submit to the jurisdiction of the courts located in Flagstaff, Arizona. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
Waiver. No waiver of any of the provisions of these Terms and Conditions will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
Entire Agreement. These Terms and Conditions, as may be updated from time to time and posted at, http://ebikestorehq.com/terms-and-conditions/, represent the complete agreement and understanding between us with respect to the Service and supersede any other written or oral agreement.
Notification of Claims of Infringement or Violations. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you must provide a written communication to:
Electric Bike Report
2532 N. Fourth St. #516
Flagstaff, AZ 86004
Your notification of claim must:
- Include a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work or intellectual property claimed to have been infringed;
- Provide description of where the material in question is located on EbikeStorehq.com. You are required to provide: (i) the search keyword that you used, and (ii) the URL for each allegedly infringing listing result.
- Provide information, including address, telephone number and email address, to allow EbikeStorehq.com to contact you;
- Provide information, if possible, sufficient to permit EbikeStorehq.com to notify the owner/administrator of the allegedly infringing webpage or other content;
- Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Include a statement by you, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Feedback. Any questions or feedback on the Service can be directed to Pete@ElectricBikeReport.com