Terms of Service
Terms of Service (“Agreement”)
Bobbercycle (“www.bobbercycle.com”) owns and operate this Website. This document governs your relationship with Bobbercycle (www.bobbercycle.com or “Company”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, Terms of Sale, Limitation of Remedies and Disclaimer of Liability as well as this Agreement and each of its terms, conditions and provisions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. You agree that
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.bobbercycle.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.bobbercycle.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.bobbercycle.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with www.bobbercycle.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. www.bobbercycle.com retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be www.bobbercycle.com or may in some cases be a third party. Where a contract is made with a third party www.bobbercycle.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
Using this Website, and any sales made with us are covered by this Terms of Service Agreement, as a binding California agreement, and includes each and all of our Disclaimers and express and implied restrictions and limitations, including but not limited to our herein disclosed Product Purpose & Use Restrictions and Limitations: The products are not intended for use or installment by the consumer but intended by use by professional and licensed commercial fabricators, manufacturers and or installers. Also, User or Buyer agree herein that it shall adhere to all applicable U.S., European, Asian, and other export and import laws, including but not limited to the U.S. Export Administration Regulations ("EAR"), (15 C.F.R. Sections 730 through 774), and E.U. Council Regulation (EC) No 428/2009 of 5 May 2009, if applicable. You will not (1) export, re-export or release to a national of a country in Country Groups D:1, E:1 or E:2 any restricted PRODUCTS, or INTELLECTUAL PROPERTY you receive from Company, or (2) export to Country Groups D:1, E:1 or E:2 the direct product, if such foreign produced direct product is subject to national security controls as identified on the Commerce Control List (currently found in Supplement 1 to Part 774 of EAR) or elsewhere. For the most current Country Group listings, or for additional information about the EAR or your obligations under those regulations, please refer to the U.S. Bureau of Industry and Security's website at http://www.bis.doc.gov/. You agree that you ARE NOT granted any licenses or rights to reproduce, reverse manufacture or reverse engineer or design or manufacturer a derivative or substantially similar product, and or use same in the stream of commerce or offer same for commercial sale in any Country or the United States. You agree that you may not assign this Agreement and that any assignment shall be deemed void at law without further adjudication.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.bobbercycle.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be express or implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.bobbercycle.com ‘s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Limitation of Remedies
User of this site and or Buyer of products on this site or from any links, agrees herein to this Agreed Exclusive Remedy: In event of any disputes, liability, defects, claims, or lawsuits, User and or Buyer agrees that its sole remedy is the price paid as User and or Buyer for the item(s) purchased on this site or other linked sites, but not to exceed the amount of $100 USD, and that Buyer expressly and impliedly WAIVES any rights to damages, injunctions, costs or attorney fees and also reaffirms that User and or Buyer hereby WAIVES each and any damages whatsoever, including but without limitation to any express or implied, direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of products sold from this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. Buyer represents that it has all licenses to buy and use this product and maintains insurance for any and all injuries, or damages resulting in its use, or misuse as to itself, employees, contractors, vendors, suppliers, or third parties including consumers.
THE PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE PRODUCTS WILL OPERATE ERROR-FREE OR WARRANTIES ARISING FROM CUSTOM OF TRADE OR COURSE OF USAGE. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SITE AND PRODUCTS IS ASSUMED BY BUYER OR END USER.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third-party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.bobbercycle.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.bobbercycle.com.
You agree to indemnify, defend and hold harmless www.bobbercycle.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
User or Buyer Representation of Compliance with Law & International Laws
User and Buyer represents that it will comply with all laws, rules and regulations whatsoever related to this transaction or purchase, and that has all licenses, permits and authority to purchase this product(s), ship this product(s), pay for this product(s), and install this product(s), in the United States as well as internationally.
www.bobbercycle.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. You agree that you must notify us in writing within 3 days of receipt of the item, or you waive the right to complain or dispute the purchase.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.bobbercycle.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a a representative of www.bobbercycle.com. Notwithstanding, this Agreement sets forth the entire agreement and understanding between the parties with respect to the User, Buyer or purchased Product(s), and supersedes and merges all prior oral and written agreements, discussions and understandings between them regarding the subject matter of this Agreement. No waiver or modification of any provision of this Agreement shall be binding unless made in writing and signed by an authorized representative of each party.
No Fiduciary Duties
No Joint Venture; No Fiduciary Duties; No Partnership: It is agreed that nothing in this Agreement shall be deemed to characterize the parties as partners or joint venturers, and there shall be no fiduciary duties or ownership, or profits interests created or owed the other party.
Limited Liability Status or Entity
You agree that Bobbercycle will have limited liability as enunciated in the Agreement, and no liability as to its owners, employees, agents, salespersons, contractors, or officers or managers, if any. You agree that Bobbercyclemay or may not form or operate in a limited liability or corporate entity, without further notice.
Choice of Law and Jurisdiction
Disputes Resolution Agreement; Mediation
If there is a dispute between the parties, it is agreed that the parties will first attempt to resolve all disputes or claims in private voluntary mediation with JAMS in the jurisdiction of Bobbercyclein California with each to bear its own attorney fees and costs. If mediation fails to result in a resolution of said disputes, and action is necessary to enforce the terms of this Agreement, then any legal or equitable action shall only be in California Superior Court in the jurisdiction of Bobbercycle,and the substantially prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses in addition to any other relief to which such prevailing party may be entitled.You acknowledge that a breach by User and or Buyer of this Agreement may cause irreparable damage to Company and agree herein that Company shall be entitled to seek injunctive relief under this Agreement, as well as such further relief as may be granted in Mediation or by a court of competent jurisdiction.
Read & Agreed Binding Contract
By Use of this site or purchase of any product from this site, you represent that you have read this Agreement and its restrictions and limitations and agree to be bound by each and every provision, and as to the Agreement, as though your signature was set out in length hereto.