Bikengruvin.com - Geocities.com/bikengruvin 

      Website Use Agreement  (Page 1 of 2) 

   

Date: December 9, 2006

This agreement governs your use of the bikengruvin.com and geocities.com/bikengruvin website and the goods and/or services provided through the web site (collectively referred to as the "Web Site").  It exempts David McCelvey and other persons and other entities from liability or limits liability and contains other important provisions that you should read.  Each time you use the website, you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement.  If you do not agree with each provision of this agreement, you may not use this website.

Agreement Provisions:

Your Acceptance of this Agreement

This is an agreement between you and David McCelvey ("bikengruvin.com and geocities.com/bikengruvin") and governs your use of the bikengruvin website and its contents and the goods and services provided by the website (collectively, the "Web Site").  Each time you use the Web Site you signify your acceptance and agreement and the acceptance and agreement of any person you represent (and for the purposes of this Agreement, "person" includes any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree and to accept this Agreement on behalf of yourself and any person you purport to represent.  If you do not agree to and accept each provision of this Agreement, or you do not have the legal authority to agree to accept this Agreement, you may not use this Web Site.

Changes to This Agreement

You may not change, supplement, or amend this Agreement in any manner. Bikengruvin.com-geocities.com/bikengruvin may, in its sole discretion, change, supplement or amend this Agreement as it relates to your use of the Web Site from time to time, for any reason, and without any notice or liability to you or any other person, by posting a revised Agreement on the Web Site.

Information Submissions

All information you provide through the Web Site, including registration (name and email address), payment information (credit card numbers and expiry dates) and all transaction related information, must be true, accurate, current and complete. You must also provide bikengruvin.com-geocities.com/bikengruvin with updated registration information and payment information within 30 days of any changes. Bikengruvin.com-geocities.com/bikengruvin will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, bikengruvin.com-geocities.com/bikengruvin or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change. Bikengruvin.com-geocities.com/bikengruvin may require a copy of a government issued form of identification before making any changes to your registration information.

Misprints and Errors, Product Availability, Prices & Orders

Bikengruvin.com-geocities.com/bikengruvin endeavors to provide current and accurate information on the Web Site. Nevertheless, misprints or other errors occur.  Accordingly, bikengruvin.com-geocities.com/bikengruvin reserves the right to change prices, fees and charges regarding the goods and services available through the Web Site at any time and from time to time without notice or liability to you or any other person.  Also, bikengruvin.com-geocities.com/bikengruvin cannot guarantee that goods and services advertised on the Web Site will be available when ordered or thereafter.  Bikengruvin.com-geocities.com/bikengruvin also reserves the right at any time to reject, correct, cancel or terminate any order.  If you order goods or services for which the price was incorrectly displayed, bikengruvin.com-geocities.com/bikengruvin will provide you with the opportunity to cancel the order.  If you order goods or services that are not available, bikengruvin.com-geocities.com/bikengruvin will not notify you by email.  Bikengruvin.com-geocities.com/bikengruvin reserves the right to limit quantities licensed or sold.  The advertisements on the Web Site are invitations for purchase orders, and are not offers to sell.  Your properly completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order.  Your order shall be deemed accepted only if and when bikengruvin.com sends an order acceptance and shipping notice email to your email address.  If you wish to cancel an order, you mat request a cancellation by sending an email to daveysprocket123 @ gmail.com.  However, bikengruvin.com may not receive and process your cancellation request before it accepts and processes your order, in which your cancellation request may not be effective.

Personal Information Privacy

Bikengruvin.com-geocities.com/bikengruvin collects, uses, and discloses your personal information in accordance with the Privacy Policy.  The Privacy Policy may change from time to time at  Bikengruvin's sole discretion.  By accepting this agreement, each time you use the Web Site, you consent to bikengruvin's collection, use and disclosure of your personal information in accordance with the Privacy Policy, as it then exists without any further notice or any liability to you or any other person.

No Advice or Solicitation

The Web Site is for convenience and informational purposes only.  The Web Site is not intended to be a comprehensive or detailed statement concerning the matters addressed; advice or recommendations; or an offer to sell or buy any product or service.  You should seek professional advice and recommendations before acting or omitting to act based on any information provided on or through the Web Site.

Postings and Unsolicited Submissions

You may not use technologies such as Gooey or Third Voice in connection with your use of the Web Site; or to post comments or communications, or or any other data of any kind to or on the Web Site with the intention that other users of the Web Site may view such postings.  Bikengruvin does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials ("Submissions") to bikengruvin or the Web Site.  If you send Submissions to bikengruvin or Web Site you automatically grant (or warrant that the owner of the Submission grants) to bikengruvin and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial and otherwise using any form, media or technology now known or later developed without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of bikengruvin or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favor of bikengruvin and its assigns.

Linking and Framing the Web Site

Links to the Web Site without express written permission from bikengruvin are strictly prohibited. To request permission to link to Web Site, please contact bikengruvin (at) gmail (dot) com.  Bikengruvin reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time for any reason, without any notice, and without any liability to you or any other person.  The framing of the Web Site or any of its content in any form and by any method is strictly prohibited.

Other Sites

The Web Site may include advertisements for, and links to other Web sites or resources and businesses operated by other persons ("Other Sites").  Other Sites are independent from bikengruvin, and bikengruvin.com has no responsibility or liability for or control of Other Sites, their business, goods, services, or content. Links to Other Sites are solely for your convenience. Bikengruvin does not sponsor or endorse any Other Sites, their content or the goods or services available through those Other Sites.  Your use of Other Sites and your dealings with the owners and operators of Other Sites is at your own risk and you shall not make any claim against bikengruvin, the arising out of your use of any Other Sites.  As between you and bikengruvin, it is the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services and content.

Transaction Agreements

All transactions through the Web Site, including the purchase and sale of goods and services and its licensing are governed by this Agreement and any applicable Transaction Agreement.  By participating in a transaction through the Web Site, you signify your agreement and acceptance of the applicable Transaction Agreement.

Governing Law and Dispute Resolution

The Web Site is controlled by bikengruvin, owned by David McCelvey from Regina, Saskatchewan, Canada.  This Agreement, your use of the Web Site, and all related matters are governed solely by the laws of Saskatchewan, Canada and all applicable laws of Canada, excluding any rules of private international law or the conflict of laws, which would lead to the application of other laws.  Any dispute between bikengruvin.com and you or any other person, arising from, connected with, or relating to the Web Site, this Agreement or any related matters must be resolved before the courts of Saskatchewan sitting in the City of Regina, Saskatchewan, Canada, and you hereby irrevocably submit an attorney to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.  Any claim or cause of action you nay have arising from, connected with, or relating to your use of the Web Site, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the City of Regina, Saskatchewan, Canada within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
Bikengruvin.com -www.geocities.com/bikengruvin - David McCelvey reserves the right to choose a trial by jury, without prejudice.

Other Matters

If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.  The provisions of this Agreement will inure to the benefit of and be binding upon each of bikengruvin.com and its Providers and their respective successors and assigns and related personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without express written consent of bikengruvin, which may be withheld in bikengruvin's sole discretion.  Bikengruvin may assign this Agreement and its rights and obligations under this agreement without your consent.  No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of a preceding or subsequent breach or default.  You and bikengruvin are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Web Site.  The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.  Les parties conviennent et exigent expressement que ce Contrat et tous les docuements qui s'y rapportent soient rediges en englais. Any rights not expressly granted by this Agreement are reserved by bikengruvin.com.  This Agreement is subject to change without notice.

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