TERMS OF USE AGREEMENT
Welcome to Zone8Cycling.com (the “Site”). By using the Site, you are a “user” and you accept and agree to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not accept and agree to these terms, you should immediately terminate all access and use of the Site, in which case any continuing access or use of the Site is unauthorized. The terms "Zone8Cycling.com" or "us" or "we" or "our" refers to Nationwide Accessories Inc., a California limited liability company and the owner of the Site.
1. Acceptance of Agreement.
By using the Site you agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and services or content accessed through the Site and services, and the subject matter of this Agreement. We may amend this Agreement any time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Copyright.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site may be copyrighted work of third-parties. You are not granted any right to use any copyrighted work of third-parties.
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3. Trademarks.
"Zone8Cycling.com" and other trademarks or service marks of specific products, parts and accessories shown on the Site are registered trademarks used with the permission of Nationwide Accessories Inc. Other product and company names mentioned on the Site may be trademarks or service marks of their respective owners. You are not granted any right to use any trademark or service mark shown on the Site.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license, subject to Section 5 below, to access and use the Site: (a) strictly in accordance with this Agreement; (b) solely for the purposes of obtaining information about, or ordering products, parts or accessories offered and sold by Zone8Cycling.com; and, (c) only for lawful activities.
5. Restrictions and Prohibitions on Use.
Your limited license for access and use of the Site and any information, materials or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved from the Site; (b) use the Site or any materials obtained from the Site to develop, as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third-parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained on the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting: (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and, (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and, (k) export or e-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
6. Linking to the Site.
You may not provide links to the Site without our prior written consent.
7. Advertisers.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
8. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
9. Registration.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit: (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You hereby agree to accept responsibility for any such unauthorized use.
10. Non-transferable.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information, or order products, parts or accessories offered and sold by Zone8Cycling.com is not transferable or assignable.
11. Use of Information.
(a) We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
(b) All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, parts, accessories, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
12. Privacy Policy.
We have established a Privacy Policy covering collection, use and disclosure of user information. Our Privacy Policy can be found at: ________________________.com. Please review our Privacy Policy carefully. If you do not accept and agree to be bound by the terms and conditions of our Privacy Policy, you should immediately terminate all access and use of the Site. By using the Site, you consent to our Privacy Policy.
13. Third-Party Services.
We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the services or products, parts or accessories offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SERVICES OR PURCHASE OF PRODUCTS, PARTS OR ACCESSORIES FROM SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO THE SITE.
14. Third-Party Merchant Policies.
All rules, terms, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
15. Payments.
You represent and warrant that if you are placing an order with us or purchasing something from Merchants that: (i) any credit information you supply is true and complete; and, (ii) charges incurred by you will be honored.
16. Terms of Sale.
When purchasing products, parts or accessories (“Products”) from Zone8Cycling.com you must accept and agree to be bound by our Terms and Conditions of Sale by clicking to accept such terms and conditions when completing your transaction when ordering online, or when ordering by any other means, by accepting delivery of the Products described in Zone8Cycling.com’s invoice or other Zone8Cycling.com documentation.
BY PURCHASING PRODUCTS FROM ZONE8CYCLING.COM YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS ARE INTENDED FOR CLOSED-COURSE ‘RACE-ONLY’ COMPETITION USE ONLY AND NOT INTENDED FOR STREET USE. You acknowledge and agree that although Zone8Cycling.com has no control over the actual use of the Products, you hereby warrant and agree that the Products will be used for closed-course ‘race-only’ competition use only, and you also understand and acknowledge that the Products are NOT compliant with Environmental Protection Agency (E.P.A.) or California Air Resources Board (C.A.R.B) noise or emission regulations for use on/off public roads. By receiving and using Products from Zone8Cycling.com, you relieve and indemnify Zone8Cycling.com or its parent company and their agents, servants, employees, officers, directors, trustees and all other persons or entities acting on their behalf (collectively, any “Affiliated Party”) from any and all related costs and liabilities, and you assume any and all risks and liabilities associated with the use of any Products.
You may review the Terms and Conditions of Sale at: http://www.zone8cycling.com/Terms-of-Sale-22.html
17. Return Policy.
We have established a Return Policy that allows returns or exchanges on Products purchased from Zone8Cycling.com. Our Return Policy can be found at: http://www.zone8cycling.com/Return-Policy-1.html. Please review our Return Policy carefully. If you do not accept and agree to be bound by the terms and conditions of our Return Policy do not purchase Products from Zone8Cycling.com. By purchasing Products from Zone8Cycling.com you consent to our Return Policy.
18. Third-Party Content.
Third-party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
19. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, any "Affiliated Party") harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to any violation of this Agreement or use of the Site by you or any other person accessing the Site using your internet account.
20. Disclaimers.
YOUR ACCESS TO, USE OF AND RELIANCE ON THE SITE AND SERVICES OR CONTENT ACCESSED THROUGH THE SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ALL PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE SITE AND SERVICES) IS ENTIRELY AT YOUR OWN RISK. THE SITE AND SERVICES IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO: (A) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND SERVICES OR CONTENT ACCESSED THROUGH THE SITE AND SERVICES; (B) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF THE SITE AND SERVICES OR CONTENT ACCESSED THROUGH THE SITE AND SERVICES; AND/OR (C) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF THE SITE AND SERVICES OR CONTENT ACCESSED THROUGH THE SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ACCESSED THROUGH THE SITE AND SERVICES OR CONTENT ACCESSED THROUGHT THE SITE AND SERVICES).
THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow disclaimers of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
21. Limitation of Liability.
WE AND ANY AFFILIATED PARTY WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON THE SITE AND SERVICES OR CONTENT ACCESSED THROUGH THE SITE AND SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO THE SITE AND SERVICES OR CONTENT ACCESSED THROUGH THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR ANY AFFILIATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF THE SITE AND SERVICES OR CONTENT ACCESSED THROUGH THE SITE AND SERVICES; ANY INABILITY TO ACCESS OR USE THE SITE AND SERVICES OR CONTENT ACCESSED THROUGH THE SITE AND SERVICES, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SITE AND SERVICES OR CONTENT ACCESSED THROUGH THE SITE AND SERVICES. NOTHING IN THIS AGREEMENT WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF THE SITE AND SERVICES OR CONTENT ACCESSED THROUGH THE SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON THE SITE AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH THE SITE AND SERVICES).
IN NO EVENT WILL OUR, OR ANY AFFILIATED PARTY’S, LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON THE SITE AND SERVICES OR CONTENT ACCESSED THROUGH THE SITE AND SERVICES BY YOU EXCEED THE AMOUNTS PAID BY YOU TO US, IF ANY. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE PAID BY YOU FOR ANY PRODUCTS GIVING RISE TO THE CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID US ANY AMOUNTS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING THE SITE AND SERVICES AND TO CANCEL YOUR ACCOUNT, IF ANY.
You hereby release us and any Affiliated Party, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to the Site and services or content accessed through the Site and services, or any interactions with others arising out of or related to the Site and services or content accessed through the Site and services, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
22. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
23. Dispute Resolution; Arbitration.
We believe we will be able to resolve most disputes or issues you may have using the Site and services. In the unlikely event we are not able to resolve a dispute or issue, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you agree to the following resolution process.
Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with us for at least 30-days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: Nationwide Accessories Inc, 15825 1/2 Stagg Street, Van Nuys, California 91406, Attn: Legal Department.
If we are unable to mutually agree upon a resolution after the 30-day period, you agree that any claim you may have against us regarding this Agreement, the Site and services or content accessed through the Site and services will be resolved through binding arbitration administered by JAMS and governed by the then current JAMS Streamlined Arbitration Rules and Procedures. It is important to us that we address any issues you might have promptly. To help us do that, you agree to begin any arbitration within one (1) year after your claim arose; otherwise, your claim is waived. As an exception to this arbitration agreement, we are happy to give you the right to pursue in small claims court any claim that is within that court's jurisdiction as long as you proceed only on an individual basis.
We prefer to resolve our issues with you directly and, accordingly, you agree to arbitrate with us only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.
You agree that arbitration will be exclusively held in Los Angeles County, California and that each party will be responsible for its own costs, including paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. In order to select an arbitrator, each party agrees to provide a list of two available arbitrators that have experience with the subject matter. Each party may strike one of the names on the other party’s list. The parties will select an arbitrator out of the remaining two arbitrator names. If the parties cannot mutually agree on one arbitrator, JAMS will choose the arbitrator randomly from the two remaining arbitrators. It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If you're not sure what all of this means, of course please feel free to ask an attorney.
24. Governing Law and Forum.
Any and all claims, causes of action or disputes (regardless of theory) between you and us arising out of or related to this Agreement, the Site and services and content accessed through the Site and services will be governed by the laws of the State of California, without regard to conflict or choice of law principles.
You agree that any claims, causes of action or disputes not subject to Section 24 (Dispute Resolution; Arbitration) will be brought exclusively in courts located within the county of Los Angeles, California, and you agree to submit to the personal and exclusive jurisdiction of such courts, for any actions. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one (1) year after such claim or cause of action arose or be forever barred. YOU ALSO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO REQUEST A TRIAL BY JURY FOR ANY ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SITE AND SERVICES OR CONTENT ACCESSED THROUGH THE SITE AND SERVICE.
All claims that you bring against us must be resolved in accordance with this section. All claims filed or brought contrary to this section will be considered improperly filed. Should you file a claim contrary to this section, we may recover the full amount of our attorneys’ fees and costs provided that we have notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim.
25. Notices.
Should you want to contact us about this Agreement, its terms and conditions or our policies please contact us at:
Zone8Cycling.com
15825 1/2 Stagg Street
Van Nuys, California 91406
Phone: (877) 354-3733
Monday through Friday 8:00 am-5:00 pm PST
Fax: (310) 388-0585
Email: info@zone8cycling.com
