Effective Date: This Terms of Use Agreement was last updated on January 2nd, 2007.
This Terms of Use Agreement (“Agreement”) sets forth the standards of use of the online service (“Service”) provided by Bikeboard North America, its parents, subsidiaries, affiliates, officers and employees (“Bikeboard North America”).. By using www.swissbikeboard.com and/or www.swissbikeboard.us , you (the “User”) agree to these terms and conditions. If User does not agree to the terms and conditions of this agreement, User should immediately cease all usage of this website. Bikeboard North America reserves the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.swissbikeboard.com and www.swissbikeboard.us. User’s continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Disclaimer of Warranties.
The site is provided by Bikeboard North America on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Bikeboard North America makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Bikeboard North America shall have no liability for any interruptions in the use of this Website. Bikeboard North America disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
2. Limitation of Liability
Bikeboard North America SHALL NOT be liable for any damages whatsoever, and in particular Bikeboard North America shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Bikeboard North America has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
3. Indemnification
User agrees to indemnify and hold Bikeboard North America, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User’s computer, of any intellectual property or any other right of any person or entity.
4. Modifications and Interruption to Service
Bikeboard North America reserves the right to modify or discontinue the Service with or without notice to User. Bikeboard North America shall not be liable to User or any third party should Bikeboard North America exercise its right to modify or discontinue the Website and/or Service. User acknowledges and accepts that Bikeboard North America does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
5. Third-Party Sites
Bikeboard North America’s website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. User acknowledges that Bikeboard North America is not responsible for the availability of, or the content located on or through, any third-party site. User should contact the site administrator or webmaster for those third-party sites if they have any concerns regarding such links or the content located on such sites. User’s use of those third-party sites is subject to the terms of use and privacy policies of each site, and Bikeboard North America is not responsible for any content contained therein. Bikeboard North America encourages all Users to review said privacy policies of third-parties’ sites. Bikeboard North America is not responsible for any claims or links to its site contained on third-party websites. Bikeboard North America expressly states that use of any third-party website is at User’s own risk.
6. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Bikeboard North America makes every effort to ensure that the information on this website is accurate, it can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Bikeboard North America makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and User acknowledges that any reliance on representations and warranties provided by any Vendor shall be at User’s own risk.
7. Governing Jurisdiction of the Courts Arizona
Bikeboard North America’s website is operated and provided in the State of Arizona . As such, the Service is subject to the laws of the State Arizona and such laws will govern this Agreement, without giving effect to any choice of law rules. Bikeboard North America makes no representation that its website or other services are appropriate, legal or available for use in other locations. Accordingly, if a User chooses to access Bikeboard North America’s site and/or the Service, User agrees to do so subject to the internal laws of the State Arizona.
8. Compliance with Laws.
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
9. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is protected by U.S. and international copyright laws with all rights reserved, and is the exclusive property of Bikeboard North America and/or the third parties identified on this site. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Bikeboard North America is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy Bikeboard North Amercia’s web pages or the content contained therein without prior written permission of an authorized officer of Bikeboard North America.
The Bikeboard North America logo, www.swissbikeboard.com™ and www.swissbikeboard.us are proprietary marks of Bikeboard North America. Bikeboard North America’s trademarks may not be used in connection with any product or service that is not provided by Bikeboard North America, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bikeboard North America.
All other trademarks displayed on Bikeboard North America’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Bikeboard North America.
10. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Bikeboard North America designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
Bikeboard North America
Attn: Erica Braun
9735 N. 90th Place, Suite 150
Scottsdale, AZ 85258
By Telephone: 480 657 6200
By Email: support(at)swissbikeboard.com
11. Other Terms
If any provision of the Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. User agrees that the Agreement and any other agreements referenced herein may be assigned by Bikeboard North America, in its sole discretion, to a third party in the event of a merger or acquisition. The Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between it in relation to your participation as a User. User agrees that by accepting the Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in Bikeboard North America’s Privacy Policy Statement [if applicable].
12. Violation of Terms
Bikeboard North America reserves the right, in its sole discretion, to block access to Users or take such other measures as it deems appropriate for violation of any of the terms of the Agreement.
