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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