Overview of Mashbike's Terms and Conditions
Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site, use any services, or purchase any merchandise from Mashbike. If these terms and conditions are considered an offer by Mashbike acceptance is expressly limited to these terms.
You are responsible for maintaining the security of your customer account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Mashbike of any unauthorized uses of your account or any other breaches of security. Mashbike will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Your contribution to Mashbike.com
If you leave comments anywhere on the Site, post material to the Site, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (any such material, Content), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio, computer software or other materials. By making Content available, you represent and warrant that Downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party. You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- The Content does not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content;
- The Content is not spam, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and
- The Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
Mashbike welcomes your comments. Any communication or material you transmit or post to the Site by electronic mail or otherwise, including any personal data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary. By submitting Content to Mashbike for inclusion on our Site, you grant Mashbike a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing, promoting, marketing or any other lawful use.
Without limiting any of those representations or warranties, Mashbike has the right (though not the obligation) to, in Mashbike sole discretion (i) refuse or remove any content that, in Mashbike reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in Mashbike sole discretion. Mashbike will have no obligation to provide a refund of any amounts previously paid under these circumstances.
Mashbike attempts to be as accurate as possible in describing products. We do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We reserve the right, at our sole discretion and without prior notice, to limit the order quantity on any product or service and to change or discontinue styles, colors, sizes or materials. We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, we cannot guarantee that your monitor display of any color will be accurate.
Payments and refunds
The Site offers products and services for sale. The Site does not handle payments for these products directly, but rather refers these payments to a secure third-party payment processor which handles all aspects of the payment process. Any payment issues or disputes should be resolved directly with the payment processor.
Mashbike ships anywhere within the USA and Canada. Orders are processed Monday through Friday. Reasonable commercial efforts will be used to ensure that orders placed online will be processed within 24 hours and be shipped the next business day. All orders are shipped via UPS standard service (3-5 days) unless otherwise requested. We are unable to ship to PO Boxes; please provide a valid street address for delivery. Most in-stock items ship within 24 hours of ordering; however, some orders may take up to 48 hours to process before your package is shipped. Orders are not processed or shipped on weekends or holidays. Shipping times may vary due to availability of merchandise. Please note that occasionally items may be temporarily out of stock or back-ordered. You will be alerted in either instance and will be provided an approximate date of shipment. Rest assured any shipping delay will be communicated to you at the time of your order. Should any other unforeseen delay occur, you will be notified within 10 days of placing your order.
* Please note that over-sized or bulkier items may be subject to an additional overweight handling surcharge to cover the extra shipping fees. If applicable, these charges will be noted in the product description section on the individual product page.
Risk of loss
All products purchased from our Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Mashbike. Title to products purchased on our Site, as well as the risk of loss for such products, passes to you when Mashbike delivers these items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost products.
Returns or/and exchanges
Online purchases direct from Mashbike.com
All additional shipping costs will be the responsibility of the purchaser.
Mashbike does not assume responsibility for reimbursement or compensation of returned packages lost in transit.
Customers who purchase merchandise from one of our third party retailers must refer to that particular retailers return/refund/exchange policy.
Responsibility of website visitors
By operating the Site, Mashbike does not represent or imply that it endorses any or all of the products available through the Site or any contributed content, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. The Site may contain content that could be deemed offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Mashbike disclaims any responsibility for any harm resulting from the use by visitors of the Site.
Copyright infringement policy
As Mashbike asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright, you are encouraged to notify Mashbike in accordance with common DMCA policies. Mashbike will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Mashbike or others, Mashbike may, in its discretion, terminate or deny access to and use of the Site. In the case of such termination, Mashbike will have no obligation to provide a refund of any amounts previously paid to Mashbike. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
This Agreement does not transfer from Mashbike to you any Mashbike or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Mashbike. The Mashbike and BucketBike name and logo, and all other trademarks, service marks, graphics and logos used in connection with Mashbike, or the Site are trademarks or registered trademarks of Mashbike or Mashbike's licensors and/or product suppliers. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Mashbike or third-party trademarks.
Third party web sites
Please be aware that our Site, our email communications, and any other content provided by us may contain links to Web Sites that are not operated by Mashbike. We provide such links for your reference and convenience only. A link from Mashbike to a third-party Web Site does not imply or mean that we endorse the content on that third-party Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party Web Sites to which you might link from our Site. Mashbike is not responsible or liable for any loss or damages incurred as a result of any dealings with any third-party Web Site, any merchant or operator of a third-party Web Site, or any other person with whom you engage in any transaction.
Please be aware that personal information you voluntarily provide for viewing by third parties, including, but not limited to blogs, discussion forums, or other community posting or social networking areas of our Site, can be viewed, collected and manipulated by individuals beyond Mashbike. Mashbike is not responsible or liable for any loss or damages incurred as a result of any unauthorized third-party use of such information.
If you wish to terminate this Agreement you may simply discontinue using the Site. Notwithstanding the foregoing, if you have a client account, such account can only be terminated by Mashbike if you materially breach this Agreement and fail to cure such breach within 14 (fourteen) days from Mashbike's notice to you thereof; provided that, Mashbike can terminate the Site immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of warranties
The Site is provided "as is" and on an "as available" basis. Mashbike and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Mashbike nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted, or that the Site will be available at any particular time or location. Any information on the Site is subject to change without notice, and we disclaim all responsibility for these changes. You expressly agree that your use of our Site is at your sole risk.
Limitation of liability
In no event will Mashbike, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, indirect or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Mashbike during the preceding 12 months. Mashbike shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. Mashbike shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the services and products offered on this site, or the performance of the services and products purchased on the Site. In the event of any problem with the products or services that you have purchased through the Site, you agree that your sole remedy, if any, is to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on the Site.
General representation and warranty
You agree to defend, indemnify and hold harmless Mashbike, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorney fees, arising out of your use of the Site, including but not limited to your violation of this Agreement, or your violation of any rights of a third party.
Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, such provision shall be valid and enforceable to the extent permitted by law or the applicable rules or bylaws, and the validity and enforceability of the other provisions shall not be affected thereby. Failure of Mashbike to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. In any action arising under this Agreement, you consent to the jurisdiction and venue of the state and/or federal courts of the State of California, County of Los Angeles and/or the Southern District of California.
Changes to our terms and privacy policies
From time to time we may make adjustments to this policy. Changes will be made at our sole discretion. Users are encouraged to check this policy for such changes. Your continued use of the Site following changes to this policy constitutes your acceptance of the changes.
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