Terms of Service

Introduction

Welcome to www.BikeFlights.com. This website is owned and operated by [BIKEFLIGHTS, LLC.] (“BikeFlights.com”, “we”, “us”, “our”). By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in these terms of service (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information), our Shipping Policy (as detailed below) and our Best Way Guarantee (as detailed below).

This version of the User Agreement is in effect as of Mar 18, 2016.

We reserve the right to change this User Agreement (including any incorporated policies such as the Privacy Policy, Shipping Policy, Refund Policy and Best Way Guarantee) from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct

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:

1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will be accurate, correct, and up to date.
2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means. Prices for our Resources are in U.S. dollars and are subject to change without notice. Taxes may be adjusted from the amounts shown in checkout depending upon a multitude of factors, including information from our payment processor and/or changes in tax rates. We reserve the right at any time to modify or discontinue the Resources (or any part thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Resources. Acceptable forms of payment are specified in the checkout process and are subject to change.
4. When you use of our products and services, you must also agree to the terms of service of our third party carriers (UPS, FedEx, DHL, etc.).
5. Our shipping policy (“Shipping Policy”) is incorporated by reference into this User Agreement. To read our Shipping Policy in its entirety, [click here]. Our refund policy (“Refund Policy”) is incorporated by reference into this User Agreement. To read our Refund Policy in its entirety, [click here]. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and services are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
6. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
7. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
   1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
   2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
   3. Contains any type of unauthorized or unsolicited advertising;
   4. Impersonates any person or entity, including any www.BikeFlights.com employees or representatives.
   We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
8. We may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources (including cancellation of orders) and/or refuse to provide you with Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement, activities that are abusive, threatening or harassing to any of our personnel, conduct that violates any applicable federal, state or local laws or actions that are defamatory, libelous, threatening harm or injury of any kind, harassing, discriminatory, unlawful, obscene, indecent and/or are intended to stalk, solicit, or harass another and/or are in connection with any of the prohibited activities set forth herein.
9. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it does not violate or infringe on any 3rd party copyrights or trademarks, becomes the property of www.BikeFlights.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our Privacy Policy.
10. You agree to indemnify and hold harmless [www.BikeFlights.com] and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain our privacy practices. Our privacy policy is incorporated by reference into this User Agreement. To read our privacy policy in its entirety, [click here].

Limitation of Warranties

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:

1. THE USE OF OUR RESOURCES WILL MEET YOUR NEEDS OR REQUIREMENTS.
2. THE USE OF OUR RESOURCES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS.
3. THE INFORMATION OBTAINED BY USING OUR RESOURCES WILL BE ACCURATE OR RELIABLE, AND
4. ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY RESOURCES WE PROVIDE WILL BE REPAIRED OR CORRECTED.
5. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR RESOURCES IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICES FOR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH CONTENT.
6. NO INFORMATION OR ADVICE, WHETHER EXPRESSED, IMPLIED, ORAL OR WRITTEN, OBTAINED BY YOU FROM WWW.BIKEFLIGHTS.COM OR THROUGH ANY RESOURCES WE PROVIDE SHALL CREATE ANY WARRANTY, GUARANTEE, OR CONDITIONS OF ANY KIND, EXCEPT FOR THOSE EXPRESSLY OUTLINED IN THIS USER AGREEMENT.

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.

Limitation of Liability

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.

Copyrights/Trademarks

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.

Termination of Use

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.

Assignment

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.

Governing Law; Miscellaneous

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.

No Guarantee

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.

Contact Information

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
USA