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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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