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PLEASE
READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING
THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF
YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. BUDDY
BIKE, LLC MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE
TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE
SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE
MODIFIED AGREEMENT.
WEB SITE AGREEMENT
The BUDDY BIKE, LLC Web Site (the “Site”) is an online information
service provided by BUDDY BIKE, LLC (“BUDDY BIKE”), subject to your compliance with the terms and
conditions set forth below.
Credits and Copyright
Notice
Credits and Copyright
Notice This World Wide Web site was created by
slpProjects for BUDDY BIKE.
This entire site is
copyright © 2005 by BUDDY BIKE. All rights are
reserved. In addition, certain parts of this site may
also be copyrighted by other parties.
The entire contents of
the Site are protected by international copyright and
trademark laws. The owner of the copyrights and
trademarks are BUDDY BIKE, its affiliates or other
third party licensors. You may not modify, copy,
reproduce, republish, upload, post, transmit, or
distribute, in any manner, the material on the site,
including text, graphics, code and/or software without
permission. You may
print and download portions of material from the
different areas of the Site solely for your own
non-commercial use provided that you agree not to change
or delete any copyright or proprietary notices from the
materials. You agree to grant to BUDDY BIKE a
non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and
other information (including, without limitation, ideas
contained therein for new or improved products and
services) you submit to any public areas of the Site
(such as bulletin boards, forums and newsgroups) or by
e-mail to BUDDY BIKE by all means and in any media
now known or hereafter developed. You also grant to
BUDDY BIKE the right to use your name in connection
with the submitted materials and other information as
well as in connection with all advertising, marketing
and promotional material related thereto. You agree that
you shall have no recourse against BUDDY BIKE for
any alleged or actual infringement or misappropriation
of any proprietary right in your communications to
BUDDY BIKE.
Trademarks
Publications, products,
content or services referenced herein or on the Site are
the exclusive trademarks or servicemarks of BUDDY BIKE. Other product and company names mentioned in the
Site may be the trademarks of their respective owners.
Use of the Site
You understand that,
except for information, products or services clearly
identified as being supplied by BUDDY BIKE, BUDDY BIKE does not operate, control or endorse any
information, products or services on the Internet in any
way. Except for BUDDY BIKE - identified
information, products or services, all information,
products and services offered through the Site or on the
Internet generally are offered by third parties that are
not affiliated with BUDDY BIKE. You also understand
that BUDDY BIKE cannot and does not guarantee or
warrant that files available for downloading through the
Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or
destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of
data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost
data.
YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. BUDDY BIKE provides the site and related
information “as is” and does not make any express or
implied warranties, representations or endorsements
whatsoever (including without limitation warranties of
title or noninfringement, or the implied warranties of
merchantability or fitness for a particular purpose)
with regard to the service, any merchandise information
or service provided through the service or on the
internet generally, and BUDDY BIKE shall not be
liable for any cost or damage arising either directly or
indirectly from any such transaction. It is solely your
responsibility to evaluate the accuracy, completeness
and usefulness of all opinions, advice, services,
merchandise and other information provided through the
service or on the internet generally. BUDDY BIKE
does not warrant that the service will be uninterrupted
or error-free or that defects in the service will be
corrected.
You understand further
that the pure nature of the internet contains unedited
materials some of which are sexually explicit or may be
offensive to you. Your access to such materials is at
your risk. BUDDY BIKE has no control over and
accepts no responsibility whatsoever for such materials.
Limitation of
Liability
In no event will BUDDY
BIKE be liable for (i) any incidental,
consequential, or indirect damages (including, but not
limited to, damages for loss of profits, business
interruption, loss of programs or information, and the
like) arising out of the use of or inability to use the
service, or any information, or transactions provided on
the service, or downloaded from the service, or any
delay of such information or service. Even if BUDDY BIKE or its authorized representatives have been
advised of the possibility of such damages, or (ii) any
claim attributable to errors, omissions, or other
inaccuracies in the service and/or materials or
information downloaded through the service. Because some
states do not allow the exclusion or limitation of
liability for consequential or incidental damages, the
above limitation may not apply to you. In such states,
BUDDY BIKE liability is limited to the greatest
extent permitted by law.
BUDDY BIKE makes no
representations whatsoever about any other web site
which you may access through this one or which may link
to this Site. When you access a non-BUDDY BIKE web
site, please understand that it is independent from
BUDDY BIKE, and that BUDDY BIKE has no control
over the content on that web site. In addition, a link
to a BUDDY BIKE web site does not mean that BUDDY BIKE endorses or accepts any responsibility for the
content, or the use, of such web site.
Indemnification
You agree to indemnify,
defend and hold harmless BUDDY BIKE, its officers,
directors, employees, agents, licensors, suppliers and
any third party information providers to the Service
from and against all losses, expenses, damages and
costs, including reasonable attorneys’ fees, resulting
from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other
person accessing the Service.
Third Party Rights
The provisions of the
paragraphs above entitled, “Use of the Service” and
“Indemnification” are for the benefit of BUDDY BIKE
and its officers, directors, employees, agents,
licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or
entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
Term; Termination
This Agreement may be
terminated by either party without notice at any time
for any reason. The provisions of the paragraphs
entitled, “Credits and Copyright Notice”, “Use of the
Service”, “Indemnification”, “Third Party Rights” and
“Miscellaneous” shall survive any termination of this
Agreement.
Privacy Statement
BUDDY BIKE has
created this privacy statement in order to demonstrate
our firm commitment to privacy. The following discloses
our information gathering and dissemination practices.
We may use your IP
address to help diagnose problems with our server, and
to administer our Web site. Your IP address may also
used to gather broad demographic information and
generate user statistics.
This site contains links
to other sites. BUDDY BIKE is not responsible for
the privacy practices or the content of such Web sites.
Our site may provide users
the opportunity to opt-in and opt-out of our e-mail
distribution list. Should you choose to fill
out our subscription form to supply us with your contact
information; this information is used to send e-mail
updates regarding Buddy Bike news and items of interest.
Should you sign up for
our email lists, we will not share your e-mail address
or other information with any third party.
Miscellaneous
This Agreement shall all
be governed and construed in accordance with the laws of
The United States of America applicable to agreements
made and to be performed in The United States of
America. You agree that any legal action or proceeding
between BUDDY BIKE and you for any purpose concerning
this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court
of competent jurisdiction sitting in The United States
of America. Any cause of action or claim you may have
with respect to the Service must be commenced within one
(1) year after the claim or cause of action arises or
such claim or cause of action is barred. BUDDY BIKE's failure to insist upon or
enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct
between the parties nor trade practice shall act to
modify any provision of this Agreement. BUDDY BIKE
may assign its rights and duties under this Agreement to
any party at any time without notice to you.
Any rights not expressly
granted herein are reserved.
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