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Conditions of Use Conditions of Use

Updated: August 13, 2003

Welcome to Aggro Bikes.com. Aggro Bikes.com (Also known as Aggro Bikes) provides our services to you subject to the following conditions:

If you visit or shop at Aggro Bikes.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Aggro Bikes.com service or visit or purchase from any business affiliated with , whether or not included in the Aggro Bikes.com website, you also will be subject to the guidelines and conditions applicable to such service or business.

PRIVACY

Please review our Privacy Notice, which also governs your visit to Aggro Bikes.com, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit Aggro Bikes.com 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.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of Aggro Bikes.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Aggro Bikes.com and protected by U.S. and international copyright laws. All software used on this site is the property of Aggro Bikes.com or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

Aggro Bikes.com, Aggro Bikes, and other marks indicated on our site are registered trademarks of Aggro Bikes or its subsidiaries, in the United States and other countries. Aggro Bikes.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Aggro Bikes, or its subsidiaries. Aggro Bikes' trademarks and trade dress may not be used in connection with any product or service that is not Aggro Bikes', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Aggro Bikes. All other trademarks not owned by Aggro Bikes.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Aggro Bikes or its subsidiaries.

LICENSE AND SITE ACCESS

Aggro Bikes.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Aggro Bikes. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Aggro Bikes. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Aggro Bikes.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Aggro Bikes.com's name or trademarks without the express written consent of Aggro Bikes. Any unauthorized use terminates the permission or license granted by Aggro Bikes.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Aggro Bikes.com so long as the link does not portray Aggro Bikes.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Aggro Bikes.com logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

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. Aggro Bikes.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Aggro Bikes.com only with involvement of a parent or guardian. Aggro Bikes.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain malware, software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Aggro Bikes.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Aggro Bikes.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Aggro Bikes.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Aggro Bikes.com or its affiliates for all claims resulting from content you supply. Aggro Bikes.com has the right but not the obligation to monitor and edit or remove any activity or content. Aggro Bikes.com takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from Aggro Bikes.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Aggro Bikes.com and its affiliates attempt to be as accurate as possible. However, Aggro Bikes.com 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 Aggro Bikes.com itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This site is provided by Aggro Bikes.com on an "as is" and "as available" basis. Aggro Bikes.com 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, and products sold at this site is at your sole risk.

BMX Racing, street riding, ramp riding, dirt jumping, and other similarly related activities are inherently dangerous. By using and visiting Aggro Bikes.com, you agree that neither Aggro Bikes nor Aggro Bikes.com can be held liable for injuries resulting from these, or similar activities.

To the fullest extent provided by applicable law, Aggro Bikes.com disclaims all warrantees, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular. Aggro Bikes.com does not warrant that this site, its servers, or e-mail sent from Aggro Bikes.com are free of virii or other harmful components.

In addition to the terms above set forth, neither Aggro Bikes, nor the Aggro Bikes.com parties shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within Aggro Bikes.com, or for any delay or interruption in the transmission therof to the end user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages and the aggregate, total liablility of the Aggro Bikes parties to any end user for all damages, injury, losses, and causes of action (whether in contract, tort, or otherwise) arising from or relating to this agreement or the inability to use Aggro Bikes.com shall be limited to the proven direct damages in an amount not to exceed the greater of (a) the amount, if any, paid by the end user in connection with the end user's use of Aggro Bikes.com and retained by Aggro Bikes or Aggro Bikes.com or (b) one hundred dollars ($100).

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. 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 under your particular state laws.

APPLICABLE LAW

By visiting Aggro Bikes.com, you agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Aggro Bikes.com or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to Aggro Bikes.com or to products you purchase through Aggro Bikes.com shall be submitted to confidential arbitration in Northampton, Massachusetts, except that, to the extent you have in any manner violated or threatened to violate Aggro Bikes.com's intellectual property rights, Aggro Bikes.com may seek injunctive or other appropriate relief in any state or federal court in the state of Massachusetts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing 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.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our shipping and returns policy, posted on this site. These policies also govern your visit to Aggro Bikes.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

We can be reached as follows:

Sales: sales@aggrobikes.com
Customer Service: cs@aggrobikes.com

Snail Mail: Aggro Bikes, P.O. Box 1132, Belchertown, MA 01007

Phone: 413-642-4607
Fax: 413-303-9781

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