Bike USA Inc

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Terms & Conditions

Thank you for visiting bikeusainc.com. All sites, including mobile applications, are referred to in these notices as the “Sites,” and Bike USA Inc. is referred to as “we” or “us.” End users such as yourself are referred to as “you.” By visiting our Sites, you agree to these Terms & Conditions of Site Use ("Terms"), our Privacy Policy, and our Copyright Policy. You agree that our provision of the Sites and associated services would not be possible on the same terms without your agreement to these terms and policies. Please read them carefully. Terms & Conditions 1. Electronic communications By signing up for an account and providing us with your email address, you expressly consent to receive emails from us and our partners. You may opt out of receiving these emails at any time by following the instructions in our Privacy Policy. You further agree that communications between us may be done electronically and are considered to be communications in writing. We may send you communications from us electronically, whether by email, posting notices on the website, or other electronic means. You agree not to send personal information (as defined in the Privacy Policy), such as addresses or credit card information, by email. 2. Hyperlinks Some of the links we make available to you on the Sites will redirect you to leave the Site(s). We cannot guarantee that the hyperlinks set out on our Site(s) will be accurate in any respect. You agree and acknowledge that the third-party websites accessed through these hyperlinks are developed and maintained by person(s) or entities over which we have no control, and that we cannot and do not monitor these third-party websites. You agree that we are not responsible for the content of any website referenced to by any hyperlink or otherwise, and do not warrant the content of these websites in any manner or respect. You acknowledge and agree that, if you access any of the third-party websites linked on the Sites, you do so at your own risk. These links are provided only for your convenience, and their inclusion does not constitute or imply our approval or endorsement of those sites or their content. We shall not be liable for any loss, claim, damages, or costs that may arise in connection with such links or your use of any such third-party website. 3. Use restricted to U.S. residents By using the sites, you acknowledge and agree that we operate the sites from our offices within the United States of America and that the sites are intended for viewing within the United States only and will only be construed and evaluated according to United States law. We make no representations that the materials on the sites are appropriate or available for use outside the United States. If you choose to access the sites from outside the United States, you do so at your own risk and are responsible for compliance with all local laws. 4. Access restriction and termination Access and use of the sites is expressly conditioned on your compliance with all relevant laws, regulations, contractual obligations, and these terms. We may restrict, suspend, or terminate your access to all or any part of the sites at any time and for any reason in our sole and complete discretion, including but not limited to (1) when required by law; (2) when we believe, in our sole discretion, that a user may be violating the law or these Terms; or (3) any other reason that we deem appropriate. We reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Sites. 5. No unlawful or prohibited use Bike USA Inc. offers its bicycles with warranty, customer service, return policies, only to individual consumers who make purchases directly from Bike USA Inc., in their own names and for their own personal use, and not for resale, export, distribution or otherwise. The Bike USA Inc. warranty, customer service, return policies are not transferrable. As a condition of your use of the sites, you will not use the sites for any purpose that is unlawful or prohibited by these terms. You may not use the Sites in any manner which could damage, disable, interrupt, overburden, or impair the sites or our network or servers, or interfere with any other party’s use and enjoyment of the Sites. You may not attempt to gain unauthorized access to the Sites, other accounts, computer systems, or networks connected to the Sites, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the sites. In addition, you shall not register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for the Sites if you are not expressly authorized by such party to do so. Additionally, you shall not engage in spidering, “screen scraping,” “database scraping,” harvesting of information, or any other automatic means of accessing, logging-in or registering on the Sites, or obtaining or accessing other information from or through the Sites. The following actions are also expressly prohibited: (1) Transmitting unsolicited email or spam; (2) Using any of our domain names as a pseudonymous return email address for any electronic communications; (3) Pretending to be someone else or spoof their identity; (4) Soliciting business, selling products, or otherwise engaging in commercial activities or personal advertisements; (5) Using the Sites to perpetrate fraud, misrepresentation or illegal activity; (6) Attempting to gain unauthorized access to the Sites or another user’s account, through hacking, password mining or any other means; (7) Attempting to circumvent or compromise any security measures; (8) Creating or releasing computer viruses, Trojan horses, or worms or otherwise engaging in destructive or potentially destructive programming activities; (9) Deep linking to any part of the Sites; (10) Modifying, altering, or tampering with systems hardware or software; (11) Creating multiple accounts through the Sites; (12) Intentionally submitting inaccurate information or falsifying information submitted to us for the purpose of creating multiple accounts; (13) Exceeding or attempting to exceed quantity limits when using coupons, vouchers or other limited offers and promotions; (14) Purchasing or attempting to purchase any Bike USA Inc. bicycle, parts or accessories other than as and in the name of the consumer who intends to purchase the bicycle for personal use, and not for resale, export, distribution or otherwise; or (15) Assisting or permitting any person engaging in any of the activities described above. 6. Intellectual property All content included on the Sites, including text, graphics, logos, images, audio clips, data compilations, software, as well as the compilation of the website content, is our property or that of our suppliers, and protected by United States and international copyright laws. Except as otherwise expressly provided in writing or under applicable law, such content may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without our express written permission. Our graphics, pictures, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress, of ours in the United States and/or other countries. You agree not to use these trademarks and trade dress in any manner prohibited by law or prohibited by us, including but not limited to any manner likely to cause confusion among customers or to disparage or discredit us. There may be other trademarks we do not own appearing on the Sites. Those trademarks are the property of their respective owners, who may or may not be affiliated with us. Please refer to our Copyright Policy if you believe that your copyrighted material has been copied in a way that constitutes copyright infringement. 7. License and site access We grant you a limited license to use the Sites for personal and non-commercial use only. You may not copy or reproduce the Sites, or any portion of them, without our express written consent. In addition, we grant you a limited, revocable, and nonexclusive right to create a hyperlink to any of the Sites, so long as the link does not portray us in a misleading, derogatory, false, or otherwise offensive manner. 8. Site warranties disclaimer To the full extent permissible by applicable law, we (Bike USA Inc. and its affiliates) disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The sites and all information, content, materials, products (including software, mobile applications, and affiliated websites) and services included on or otherwise made available to you through the sites are provided by us on an "as is" and "as available" basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software, mobile applications, and affiliated websites) or services included on or otherwise made available to you through the sites, unless otherwise specified in writing. You expressly agree that your use of the sites is at your sole risk. We do not warrant that the sites, information, content, materials, products (including software, mobile applications, and affiliated websites), or services included on or otherwise made available to you through the sites, our servers, or electronic communications sent from us are free of viruses or other harmful components. Certain state laws do not allow limitations on implied warranties, so some or all of the above disclaimers may not apply to you, and you might have additional rights. 9. Limitation of liability You agree that we will not be liable for any damages of any kind, under any legal theory, arising from or in connection with the use of the sites or from any information, content, materials, products (including software) or services included on or otherwise made available to you through the sites, including, but not limited to direct, indirect, incidental, punitive, and consequential damages (including damages from loss of business, lost profits, litigation, or the like), even if advised of the possibility of such damages. Your sole and exclusive remedy for dissatisfaction with the sites, any product, and/or content is to cease your use of the sites and/or product and request a refund of amounts paid to us, subject to compliance with the refund policy. 10. Your account You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you are under 18, you may not use or access the Sites without the involvement of a parent or guardian over the age of 18. 11. Security The Internet, being an open network, is not secure. If you choose to send us electronic communications via the Sites (whether by means of email or posted messages on the Sites), you recognize the inherent risk of such an open network. You agree that we do not, and cannot, guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely. However, when we request that you provide us with Personal Information (as defined in our Privacy Policy), including credit card information, to complete a transaction or survey, or enter a contest, we use commercially reasonable security measures meeting industry standards to protect that information. Credit card information should only be provided through our check-out procedure which uses encryption technologies to provide secure on-line transactions. 12. Product orders and acceptance By confirming your purchase at the end of the checkout process, you agree to accept and pay for the purchased product(s), and you warrant and represent that (1) you are the actual individual consumer who is purchasing the bicycle for your own account and use, with full intent that you and/or your family member(s) will be its actual users; (2) you do not intend to resell, distribute or export the bicycle for commercial purposes or otherwise receive a fee, price differential or other compensation for purchasing or recommending the purchase of the bicycle to any third party; and (3) you are not acting as a buyer or agent for any third party. All billing information provided must be truthful, accurate, and in your own name. Providing any untruthful or inaccurate information, or making a purchase for or in the name of another, constitutes a breach of these Terms and may result in cancellation of your order. We may also request additional information from you prior to accepting an order. We reserve the right to refuse or cancel an order for any reason, including, but not limited to, limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified with your payment or billing information, or potential fraud. If your order is canceled after your credit card or other payment account has been charged, we will issue a credit to your credit card or other applicable payment account in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. We may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We reserve the right to limit the quantity of items purchased per person, per household, or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, or to orders that use the same billing and/or shipping address. We will notify you if we apply any such limit to all or any part of your order. 13. Risk of loss, shipments, export laws, returns, refunds and title The risk of loss and title for purchased items pass to you upon our delivery to the carrier. Except as otherwise expressly provided in writing, we will ship product orders through a carrier chosen by us. Any shipping and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and may not reflect the actual shipping and handling costs incurred for the specific order. If you request that we ship an item to a country outside the U.S. (a “Foreign Shipment”), you acknowledge and agree that those shipments may be subject to taxes, customs duties, and fees levied by the destination country (“Import Levies”). The recipient of the shipment is the importer of record in the destination country and is responsible for all import levies. You further agree to comply at all times with all applicable laws and regulations, including the laws and regulations of the United States, regarding export and re-export. You therefore represent, warrant and agree that you will not export or re-export any product to any destination, person, or entity prohibited or restricted under United States law. We do not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item. For more information about our returns and refunds, please see our Return Policy. 14. Pricing, product descriptions, and resellers We make every effort to ensure that the price of each item listed for sale is accurate, and that its products are described accurately. However, a small number of items may at times be mispriced due to administrative or other error. In the event of a pricing error, you agree that we shall have no obligation to fulfill the order, and will, at our sole discretion, either contact you to determine whether you would like to proceed with the order at the correct price, or cancel your order and notify you of such cancellation. We do not warrant that product descriptions or pricing is accurate, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition. In addition, if we determine, in our sole discretion, that you are a reseller, commercial entity, buying service, marketplace, middleman, drop shipper, distributor, exporter, professional shopper, curator or similar organization, that you are purchasing for or on behalf of someone else, or that you intend to receive a fee, price differential or other form of consideration as a result of your purchase for another party, we reserve the right to refuse or cancel your order. 15. Order confirmation You may receive an email that contains information regarding the details of your order after you have successfully placed an order through the Sites. The order confirmation email is your receipt that can be printed for your records. Although we make every reasonable effort to fulfill orders placed through the Sites, the receipt of an order confirmation does not constitute acceptance of an order or a confirmation of an offer to sell. 16. Press releases and promotion materials All press releases and other promotional materials are only current on their original date, unless otherwise stated. These materials were, to the best of our knowledge, timely and accurate when issued. However, you should not rely on the continued accuracy of any such material beyond the date of issuance. 17. Product warranties Bike USA Inc. offers a Limited Warranty and a refund policy for Bike USA Inc bikes purchased directly from Bike USA Inc. by legitimate consumers who have purchased the bike in their own name and for their own use in compliance with our Terms and Conditions. For more information, please see our Limited Warranty. The express limited warranties as stated in this document and in the Bike USA Inc. Limited Warranty, as limited by these Terms and Conditions, provide the sole and exclusive remedy in lieu of all other rights and remedies, including but not limited to implied warranties such as implied warranties of merchantability or fitness for a particular purpose, as well as any contract rights, tort, negligence, strict liability, and other remedies expressed or implied at law or in equity, and in no event shall Bike USA Inc. be liable for special, indirect, incidental, economic or consequential damages, loss or damage to property other than the product itself, loss of use of property, loss of profits, business interruption, punitive damages, contribution, indemnification, or other losses, whatever the cause, including the fault or negligence of Bike USA Inc. If any implied warranty or other right or remedy is deemed to exist in addition to this Limited Warranty, its duration shall be no longer than the stated Warranty Period. If any part of this Limited Warranty is deemed to be not legal or enforceable, the remainder shall be given full force and effect. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State. There is no warranty of any kind, either express or implied, on free goods or incentive awards. 18. Our right to amend and remove policies We reserve the right to modify, amend or delete any policy posted on the Sites at any time or for any reason. Your continued use of the Sites following the effective date of any such modification, amendment, or deletion of any policy constitutes your consent and acknowledgement to such modification, amendment or deletion. If a court deems any policy or provision void or unenforceable, the remaining provisions and policies shall remain valid and enforceable. Copyright Policy We prohibit copyright infringement by users of our Sites, and will remove or disable access to any User Content that infringes any copyright, if we are properly notified or otherwise determine that the submission is or may be infringing. Without limiting any other rights that we may have, we reserve the right to remove or disable access to any allegedly infringing User Content without notice. Any copyright owner or its authorized agent who believes that any content on the Sites infringes such owner’s copyright may submit notification to us pursuant to the Digital Millennium Copyright Act (“DMCA”), see 17 U.S.C. § 512. The notification must contain the following: (1) a physical or electronic signature of the copyright owner or its authorized agent, (2) an identification of the copyrighted work allegedly infringed, (3) identification of the content that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient for us to locate the content, (4) contact information for the copyright owner or its authorized agent, including address, telephone number, and (if available) an email address, (5) a statement by the copyright owner or its authorized agent that he/she has a good faith belief that the content is not authorized by the copyright owner, its authorized agent, or the law, and (6) a statement that the information contained in the notification is accurate and, under penalty of perjury, that the person submitting the notification is authorized to act by the owner of the exclusive right allegedly infringed. If we receive a proper notification, we will remove or disable access to the User Content (or allegedly infringing portion thereof) as required by the DMCA “safe harbor” provision, 17 U.S.C. § 512(c). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. Accessing and updating personal information If you would like to review, edit or delete any of the information we have collected from you, or if you have any questions or concerns about this Privacy Policy, please contact us at: Bike USA Inc. 2811 Brodhead Road Bethlehem, PA 18020, USA customerservice@bikeusainc.com Sales Tax Policy Bike USA Inc. collects sales tax for certain items shipped to various states. The amount of tax charged on your order will depend on the type of item purchased and the destination of the shipment. Certain items may be exempt from sales tax, depending on state and local laws. The sales tax actually charged will be calculated when your order is shipped and will reflect applicable state and local taxes. Factors can sometimes change between the time you place an order and the time of credit card settlement, which could affect the calculation of sales tax. The sales tax amount applied to your order during the checkout process is our best estimate and may differ from the amount ultimately charged. If an item is subject to sales tax in the state to which the order is shipped, tax is generally calculated on the total selling price of each individual item, which can include shipping and handling fees. If you have questions about the tax applied to your purchase, please contact our Customer Service directly. Warranty Bike USA Inc. Limited Warranty Your Bike USA Inc. bike was manufactured with care and delivered to you largely preassembled. You are responsible for the final assembly as provided in your purchase materials, and for regular care and maintenance. To ensure a long service life and good durability of your bike, only use it for its intended purpose, see Intended Use warning on your bike, in your owner’s manual, and the explanation on our website. Also observe the permissible load specifications and the instructions on transporting baggage and children. The manufacturer’s assembly instructions (especially the torque settings for bolts) and the prescribed maintenance intervals must be strictly followed as well. Please observe the tests and routines listed in your owner’s manual and supplemental materials specific to your bicycle enclosed with this delivery (see chapter “Service and maintenance schedule”) as well as any instructions as to the replacement of safety-relevant components, such as handlebars, brakes etc. Limited Warranty Bike USA Inc. offers the following limited warranty to the original consumer purchaser only, for all Bike USA Inc. bikes purchased directly from Bike USA Inc. by consumers who have purchased the bike in their own name and for their own use, directly from Bike USA Inc, in compliance with our Terms and Conditions. The Bike USA Inc, Limited Warranty and Refund Policy and related benefits are not transferrable. Subject to the limitations stated in this Limited Warranty document, Bike USA Inc. warrants to the original purchaser from Bike USA Inc. that this product will be free of defects in materials and/or workmanship under normal and intended use for a period of one (1) year from the date of purchase by the original purchaser (“Warranty Period”). If a valid claim is received within the Warranty Period, at its option, Bike USA Inc. will either (1) repair the product at no charge, using new or refurbished replacement parts as we deem appropriate, or (2) replace the product or component with a new one that is at least functionally equivalent to the original product. The original of any product or component that is replaced under warranty must be returned to Bike USA Inc. and becomes the property of Bike USA Inc. upon receipt at our fulfillment center. The Warranty Period on Bike USA Inc. frames is one (1) year from the date of the original purchase. Certain components may have limited warranties of their own that are offered by the component manufacturer, in which case we will refer you to the component manufacturer for service. Be sure to retain the component-specific materials that came with your new bike. For warranty service or questions, please contact us through our website at www.bikeusainc.com, by email at customerservice@bikeusainc.com, or call us toll-free at 1-800-225-BIKE (2453). Do not return your bicycle to Bike USA Inc. without first speaking with our warranty service staff and obtaining a return authorization. In order for your claims to be processed smoothly it is necessary that you present your receipt. Therefore, please keep your receipt and other purchase records in a safe place. After obtaining authorization, send the affected product, together with your name, address, contact information, and proof of purchase, to: Bike USA Inc. Warranty Returns 2811 Brodhead Rd. Bethlehem, PA 18020 Bike USA Inc. reserves the right to repair frames or forks or to replace them with the relevant successor model. In the event it is necessary to change frame and/or fork we will replace them in the original color subject to availability. Should the original color no longer be available, it may be that there are deviations from the original color. The Bike USA Inc. limited warranty does not cover damage caused by crashes, misuse or neglect, including use in a usage category higher than the stated category for your bicycle, as indicated on the sticker on your bicycle frame and discussed on our website and in your owner’s manual. Other examples of non-covered events include but are not limited to the following: • neglect of product (lack of care and maintenance); • modifications to frame or fork (for example, engravings or lacquering); • mounting and alteration of additional components that were not expressly approved by us or replacement of our original components by components that do not have a similar quality; • crashes; • excessive load; • jumps or other types of overstress; or • excessive loads of any other kind. Note on wear Normal wear and tear is not covered by warranty. Some components of your bike are expected to wear and must be replaced regularly as a part of their normal function. The rate of wear depends on care and maintenance as well as on the way you use your bike (distance travelled, terrain types, rides in the rain, dirt, salt etc.). Bikes that are often left standing in the open may also be subject to increased wear through weathering. All bicycle components require regular care and maintenance, as described in your owner’s manual. Sooner or later all parts of your bicycle will reach the end of their service life, depending on conditions and intensity of use. Parts that have reached their limit of wear must be replaced, and certain parts are not covered by the limited warranty even if they wear out during the Warranty Period. This applies to the following parts: • chain, • cables, • grip coverings or bar tape, • chainrings, • sprockets, • pulleys, • gears cables, • tires, • saddle covering (leather), and • brake pads. The brake pads of rim brakes are subject to wear due to their function. If you use your bike for competitive cycling or in hilly terrain, they may have to be replaced quite frequently. Regularly check the condition of the pads and have them replaced by a dealer. Braking causes wear not only to the brake pads but also to the rims. Therefore, check your rims regularly, e.g. when pumping up the tires. Rims with wear indicators have rings or a gap that come into view when the rim reaches its limit of wear. Take note of the specifications given on the rim. Ask an expert to examine the remaining thickness of the rims at the latest when you are through your second set of brake pads. Signs of deformation or fine cracks that appear in the indication that the rim has reached the end of its service life. In this case, the rim must be replaced. We wish you safe and happy cycling wherever your bike takes you. If you have any questions, please call our service hotline or send us an email.