Machine Cycles LLC. Web User Agreement
CONDITIONS OF USE
Welcome to Machine Cycles LLC, Machine Bicycle Co. ("Machine"). If you visit or shop at http://www.machinebicycle.co/ (the "Machine Website"), you automatically accept the terms and conditions of this Customer Agreement. Please read them carefully. Machine reserves the right to modify this Customer Agreement at any time in its sole discretion.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You must be 18 years of age to create an account. Machine reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
When you visit the Machine Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may phone Machine at 520-403-9980 to request the discontinuation unwanted e-mail contact from Machine.
Machine and the Machine Website attempt to be as accurate as possible. However, Machine does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Machine is not as described, your sole remedy is to return it in unused condition.
All prices are listed in U.S. dollars. Orders placed on the Machine Website will be charged in U.S. dollars. If you live outside the U.S., this charge is converted by your bank into your local currency and should appear on your credit card statement in that currency.
Prices are subject to change without notice. Published prices are not guaranteed due to currency fluctuations and manufacturer price changes that are out of Machine's control. Products may be withdrawn from sale at any time.
All design, text, graphics, selection and arrangement thereof and code, software (including applets) of the Machine Website is copyrighted as a collective work under United States copyright laws and is the legal property of Machine. Other product and company names mentioned on this website may be the trademarks or registered trademarks of their respective owners. Permission is hereby granted to electronically copy and to print portions of this site for the purposes of placing an order with Machine or promote products available through Machine by Machine approved retailers. Any other use of materials on this website-including reprinting for purposes other than those noted above, modification, distribution, or re-publication-without the prior written permission of Machine is strictly prohibited. Unauthorized use of content from the Machine Website may result in termination of an account or legal action.
Information about our customers is used in the course of buying, selling and transporting goods. Because we employ other companies and individuals to perform functions on our behalf, it is necessary to share customer information. Examples may include delivering packages, sending postal mail and e-mail, and processing credit card payments. They are given access to only that information needed to perform their functions, and may not use it for any other purpose. Machine does not sell information about its customers.
Machine works to protect the security of your information during transmission by contracting web site security services provided by Squarespace. Your private information is secured on the Machine Website.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY MACHINE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE MACHINE WEBSITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AND IN ADDITION TO ANY DISCLAIMERS OR LIMITATIONS ON LIABILITY CONTAINED IN OR RELATED TO SPECIFIC PRODUCTS YOU MAY PURCHASE THROUGH THE MACHINE WEBSITE, MACHINE AND THE MACHINE WEBSITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MACHINE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE MACHINE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MACHINE AND THE MACHINE WEBSITE WILL NOT BE LIABLE FOR EQUITABLE RELIEF OR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE USE OF THIS SITE OR THE PRODUCTS SOLD ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN REMEDIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting the Machine Website, you agree that the laws of the state of Oregon, without regard to principles of conflict of laws, will govern this Customer Agreement and any dispute of any sort that might arise between you and Machine, the Machine Website or Machine's affiliates.
Any dispute involving Machine and relating in any way to your visit to the Machine Website or to products you purchase through Machine shall be submitted to confidential arbitration in Portland, Oregon, except that, to the extent you have in any manner violated or threatened to violate Machine's intellectual property rights, Machine may seek injunctive or other appropriate relief in any state or federal court in the state of Oregon, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules, but not necessarily under the jurisdiction, of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Copyright 2015, Machine Cycles LLC. ALL RIGHTS RESERVED.