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Bikengruvin.com
- Geocities.com/bikengruvin
Website Use Agreement (Page 2 of 2)
Disclaimer, Liability Exclusion, Liability Limitation,
Release and Indemnity
Bikengruvin.com strives to make use of the Web Site as a useful and
enjoyable experience, and a safe and easy way to purchase goods over
the Internet. Nevertheless, bikengruvin.com and its service providers
("the Providers") do not accept any liability for your use of the Web
Site. For that reason, the following provisions apply to your use of
the Web Site:
Disclaimer
Your use of the Web Site is at your own risk. The Web Site is provided
on an "as is" and "as available" basis, and without any representations,
warranties or conditions of any kind, whether express or implied, including
and without limitation implied warranties of merchantability, fitness
for a particular purpose, performance or durability, all of which are
hereby disclaimed by bikengruvin.com and the Providers to the fullest
extent permitted by law. You (and not bikengruvin.com or the Providers)
assume the entire cost of all necessary servicing, repair or correction
to any computer or other equipment from, connected with, or relating
to your use of the Web Site. The operation of the Web Site may be affected
by numerous factors beyond bikengruvin's control. Operation of the Web
Site may not be continuous or uninterrupted or secure. Security and
privacy risks cannot be eliminated. Bikengruvin is under no obligation
to verify the identity of users of the Web Site. Through your use of
the Web Site, you may have the opportunity to engage in commercial transactions
with other persons. All such transactions are at your own risk. Bikengruvin.com
is not a party to any such transactions
and disclaims any and all liability regarding all such transactions.
Without limiting the generality of the foregoing, bikengruvin.com and
its Providers make no representation, warranty or condition that: the
Web Site will be compatible with your computer, related equipment or
software; the Web Site will be available or will function without interruption
or will be free from errors or that errors will be corrected; the information
available on or through the Web Site will be accurate, complete, sequential
or timely; certain or any results may be obtained through the Web Site;
the use of the Web Site, including browsing, downloading of any information,
will be free of viruses, Trojan horses, worms or other destructive or
disruptive components; or the use of the Web Site will not infringe
the rights (including intellectual property rights) of any person and
bikengruvin.com and its Providers disclaim any and all liability regarding
such matters to the fullest extent permitted by law.
Liability Exclusion
Bikengruvin.com and its Providers will not under any circumstances be
liable to you or any other person for the loss of use, loss of production,
loss of income or profits (anticipated or otherwise), loss of markets,
economic loss, special, indirect or consequential loss or damage or
punitive damages, whether in contract, tort or any other theory of law
or equity, arising from, connected with, or relating to the use of the
Web Site by you or any other person, and regardless of negligence or
other fault or wrong doing by bikengruvin.com or any Provider or any
person for whom bikengruvin.com or its Providers are responsible and
notwithstanding that bikengruvin.com or its Providers may have been
advised of the possibility of such damages being incurred by you or
any other person.
Liability Limitation
In no event will bikengruvin's or any of its Providers' total liability
to you or any other person for any claims, proceedings, liabilities,
obligations, damages, losses or costs, whether in contract, tort or
any other theory of law or equity, amount to regardless of any negligence
or other fault or wrongdoing by bikengruvin or any person for whom bikengruvin
is responsible, exceed $26 (CDN) or the amount you paid to paid to bikengruvin.com
for the use of the Web site, whichever is less.
Release
You hereby release, remise and forever discharge each of bikengruvin.com
and its Providers, all of theur respective agents, directors, officers,
employees, information providers, service providers, suppliers, licensors
and licensees, and all other related, associated, or connected persons
from any and all manners of rights, claims, complaints, demands, causes
of actions, proceedings, liabilities, obligations, fees, costs, and
disbursements of any nature and kind whatsoever and howsoever arising,
whether known or unknown, which now or hereafter exist, which arise
from, relate to, or are connected with your use of the Web Site.
Indemnity
You agree to indemnify, defend and hold harmless each of bikengruvin.com
and its Providers and all of their respective agents, directors, officers,
employees, information providers, services providers, suppliers, licensors
and licensees, and all other related, associated, or connected persons
( collectively the "indemnified parties") from and against any and all
liabilities, expenses and costs, including and without limitation reasonable
legal fees and expenses, incurred by the indemnified parties in connection
with any claim or demand arising out of, related to, or connected with
your use of the Web site or your breach of this Agreement. You will
assist and cooperate as fully as reasonably required by the indemnified
parties in the defense of any such claim or demand. Advice and information
provided by bikengruvin.com or its representatives, whether oral or
written, will not create any representation, warranty or condition or
vary or amend this Agreement, including the above disclaimer, liability
exclusion, liability limitation, release and indemnity provisions, and
you may not rely on such advice or information. The exclusion of certain
warranties and the limitation of liabilities is prohibited by legislation
in some jurisdictions. Such legislative limitations apply to you. The
disclaimer, liability exclusion, liability limitation, release and indemnity
provisions in this Agreement survive indefinitely after termination
of this Agreement.
Termination of this Agreement and the Web Site
If you breach any provision of this agreement, you may not use this
Web Site. Bikengruvin.com may, in its sole discretion, change, suspend
or terminate, temporarily or permanently, the Web Site or any part of
it or any of its features at any time, for any reason, without any notice
or liability to you or any other person. Bikengruvin.com may at any
time and for any reason with or without cause, and in its sole discretion,
immediately suspend , terminate (in whole or in part) your permission
to use the Web Site and your user password, all without any notice or
liability to you or any other person. If this Agreement or your
permission to use the Web Site, is terminated by you or bikengruvin.com
for any reason, this Agreement will nevertheless continue to apply and
be binding upon you in respect to prior use of the Web site and your
purchases of goods and services through the Web Site and anything connected
with, relating to or arising from those matters.
Trade-Mark Information
Bikengruvin™, bikengruvin.com™, the bikengruvin™ logo, one revolution
in bicycle recycling™ phrase, recycle-logical ™ words are registered
and unregistered trade-marks and trade names owned by David McCelvey.
Other product and names and logos appearing on the Web site may be registered
and unregistered trade-marks and trade names of their respective owners.
Any use of the trade names, trade-marks, service marks and logos (collectively
"Marks") displayed on the Web Site, except as expressly provided in
this Agreement, is strictly prohibited. Nothing appearing on the
Web Site or elsewhere shall be construed as granting, by implication,
estoppels, or otherwise, any license or right to use any Marks displayed
on this Web Site.
Ownership and Permitted Use of the Web Site
The Web Site and all information (in text, graphical, video and audio
forms), images, icons, design and applications and other elements available
on or through the web site are the property of bikengruvin, its Providers
and others, and are protected by Canadian and international copyright,
trade-mark and other laws. Your use of the Web Site does not transfer
to you any ownership or other rights in the Web Site or its content.
You may only use the Web Site in the manner specifically described in
this Agreement. the Web Site may not be used for any purposes not expressly
permitted by this Agreement. In particular, except as expressly
stated otherwise in this Agreement, the Web Site not be copied, imitated,
reproduced, uploaded, posted, transmitted, modified, indexed, catalogued,
or distributed in any way, in whole or in part, without the express
prior written consent of bikengruvin. You may not use any software
that is used in the operation of the Web site except while you are using
the Web Site. You may not reproduce, copy, duplicate, sell or
resell any part of the Web Site (including the software used in operating
the Web Site) or access to the Web Site. The Web Site is made
available to you for its lawful use only. You may access and browse
the Web Site using commercially available SSL-capable browser software.
You may print or download pages of the Web Site for your personal use
provided that you do not modify any of the Web Site pages or other content
and do not remove or alter any visible or non-visible identification,
marks, notices or disclaimers.
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