THESE TERMS AND CONDITIONS (the “Agreement” or “Terms and Conditions”) set forth the terms under which BIKES FOR SALE, LLC, a Delaware limited liability company (the “Company”, “we”, or “us”) will provide services (the “Services”) to you, the User (the “User”, “you”, or “your”) related to www.Newyorkbikesforsale.com and all affiliated websites, including mobile websites and applications, owned and operated by us or our Affiliates (the “Site”).
We maintain that, by creating an account and using our Site, you have read and do unreservedly accept this Agreement. This Agreement is important to you and us, as it is used to protect your rights as a valued customer and our rights as a business.
This Agreement is effective as of September 19th, 2016. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE AFTER THE EFFECTIVE DATE.
We expressly reserve the right to change these Terms and Conditions from time to time. You acknowledge and agree that it is your responsibility to review the Site and these Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of the Site after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide by and be bound by the modified Terms and Conditions.
If any violation of these Terms And Conditions occurs, WE RESERVE THE RIGHT TO IMMEDIATELY SUSPEND OR DELETE ANY VIOLATING ACCOUNT AND TO TERMINATE ANY RELATIONSHIP WITH THE VIOLATING PARTY.
As used in this Agreement, references to our “Affiliates” includes our owners, subsidiaries, affiliated companies, officers, directors, employees, contractors, sellers, partners, sponsors, advertisers and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.
The purpose of our Site is to provide a marketplace to facilitate the posting, searching and selling of bicycles (a “Bike”).
We do not own any of the Bikes available for sale and we are not responsible for any user created content that is posted on the Site. All final agreements, negotiations, contracts, fees, collections and other processes related to sales of Bikes are left to the sole discretion of sellers and purchasers.
Purchasers who are interested in a Bike must first initiate a communication request with the applicable seller. The Site will in turn create an email thread in which the seller and purchaser may communicate, share information, request clarifications, request additional details, etc. Our staff will also assist sellers and purchasers with the sale process, help solve discrepancies when possible and ensure that these Terms and Conditions are being met.
Although the Site aids its users by facilitating such Bike sale transactions, it is ultimately the sole responsibility of each seller and purchaser to use sound judgment in engaging in transactions on the Site.
Our staff will remove any suspicious, potentially illegal listings or other user-posted material and will ban any user at our sole discretion and without warning in order to ensure a healthy marketplace.
Digital Signature; Electronic Records
By registering for an account on the Site, or by clicking to accept these Terms and Conditions when prompted on the Site, you are deemed to have executed this Agreement electronically; effective on the date of your registration, pursuant to the United States Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, and any amendments hereto.
In connection with this Agreement, you may be entitled to receive certain records, such as notices and communications, in writing. In addition, you give us permission to provide any records you may be entitled to electronically instead of in paper form.
Account Set Up; Security and Password
In order to access and use some of the Site, you will be required to register with www.Newyorkbikesforsale.com and to set up an account (your “Account”). To set up your Account, we need certain information about you, including your name, email address, a username and a password (collectively, “Account Data”). Please keep your Account Data accurate, current and secure at all times. You may update your Account Data any time by logging in to your account at www.Newyorkbikesforsale.com.
You are solely responsible for maintaining the confidentiality of your Account Data and for any and all statements made and acts or omissions that occur through the use of your Account Data and Account.
Your Conduct on Our Site
As a condition of your use of our Site, you agree that: (i) you are an individual person more than 13 years of age; and (ii) your use of this Site will at all times comply with the terms of this Agreement and all applicable laws.
BY USING THE SITE, YOU AGREE NOT TO ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, which constitute express violations of these Terms and Conditions:
• Attempting to, or actually accessing data not intended for you, such as logging into an account which you are not authorized to access;
• Tampering or interfering with the proper functioning of any part, page or area of the Site;
• Using the Site or any of its resources to solicit Site users to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with us;
• Taking any action that places excessive demand on our Services, or imposes, or may impose an unreasonable or disproportionately large load on our infrastructure (as determined in our sole discretion);
• Posting any content that may be false or misleading;
• Posting any content or information that may infringe on a third party’s intellectual property right, including, but not limited to, any trade secret, trademark, copyright or patent;
• Harvest or otherwise collect information about other users, without their consent;
• Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• Make payments, or request any payments to be made, to users of the Site outside of the Site’s billing processing system; or
If you discover or suspect any violation of the above terms, please tell us about any problems or offensive content so that we can keep our Services and Site working properly. We may limit or terminate any of our Services, remove content and take technical or legal steps to keep users off our Site that are violating this Agreement, creating problems for other users, or acting in violation with the letter or spirit of our policies or any applicable laws.
We also reserve the right to change or remove any content or materials you post on the Site at any time without notice to you.
Fees And Payment For Services
Creating an account and using our Site is currently free for both sellers and purchasers.
However, we may choose to charge fees for posting Bike adds, a service fee or other user fees in the future. We will notify you of changes to our fee policy by posting such changes on our Site.
Seller Responsibilities and Obligations
All sellers are responsible for:
• Truthfully disclosing any relevant Bike details to purchasers and on their Site listing to the best of their knowledge;
• Providing purchasers and the Site, during the sale process, with a full description and complete disclosure of any information relevant to their Bike(s), including, but not limited to, any damage; and
• Taking photos of their Bike(s) prior to listing such Bike(s) on the Site so that purchasers may view its condition before entering into a purchase agreement with the seller.
Your Limited Right to Use the Site
This Site and all the information available on the Site are the property of us and/or our Affiliates and are protected by copyright, trademark and other intellectual property laws. You may not use the Site or the information available on the Site in a manner that constitutes an infringement of our rights, our Affiliates’ rights or that has not been authorized by us.
Intellectual Property Ownership
All the content on the Site (illustrations, texts, names, service names, images, videos, etc.) is the property of us and our Affiliates. Any partial or total reproduction of this content, by any means, is subject to prior and express authorization by us. United States law concerning intellectual property ownership and copyright protects all materials, information and content offered or made available on our Site. We cannot give you the right to copy, display, sell or otherwise distribute content or materials that you do not already have rights to. All fraudulent use or distribution of content or materials that violates the rights held by a third party is severely punishable under United States law.
We will not, under any circumstances, be held responsible if a user violates rights held by a third party through your activities on the Site.
Unauthorized Use of Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.
We respect the intellectual property of others, and we ask you to do the same. If you, or any user of this Site, believe your copyright, trademark or other property rights have been infringed by a posting, listing, content or sale on this Site, you, or the user, should send a notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. Identify the material that you claim is infringing upon your copyrighted work
2. Your contact information, including an email address
3. Enough information, if possible, to permit us to notify the owner of the allegedly material or other content
4. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
6. Sign the notice
7. Send the written communication to the Designated Agent for Claimed Infringement at the following address:
Harvard Business Services
16192 Coastal Highway,
City of Lewes
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Disclaimer of Warranties
This Site could include technical or other mistakes, inaccuracies or typographical errors. WE MAKE NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. We may make changes to the materials and services on this Site, including the prices and descriptions of any Bikes or other products or services listed herein, at any time without notice. The Bike listings or other content on this Site may be out of date and we make no commitment to update such content or listings.
Through your use of the Site, you will have opportunities to engage in commercial transactions with other users. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY BIKES, CONTENT OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.
We make no claims or guarantees on behalf of sellers or purchasers and will not be made responsible or liable for any user-generated content listed by sellers or purchasers on the Site. Nor do we endorse any seller, purchaser or Bike on the Site.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
Notwithstanding the above, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you have paid to us in the twelve (12) months prior to the action giving rise to liability (if any), or (b) $1,000 US Dollars.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You hereby agree to release us and our Affiliates from any claims, demands or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another user, whether it be at law or in equity. This release includes, for example and without limitation, any disputes regarding the performance, functions and quality of the Bike provided to a purchaser by a seller and requests for refunds based upon disputes.
Defects And Returns
All sales are between the seller and the purchaser only. We are not responsible for the condition of the Bike and any returns must be negotiated with the particular seller.
Relationship Of The Parties
This Agreement and any account registration will not be construed as creating or implying any relationship of agency, partnership or joint venture between you and us. You do not have authority to enter into written or oral (whether implied or express) contracts on our behalf.
You expressly acknowledge, agree and understand that:
• the Site is merely a venue where users may act as sellers and/or purchasers;
• you are not our employee, and we do not, in any way, supervise, direct, or control users or Bike listings;
• we have no control over users or the Bikes offered for sale; and
• we make no representations as to the reliability, capability or qualifications of any seller or the quality of any Bike, and we disclaim any and all liability relating thereto.
Changes to the Terms and Conditions and the Site
Our Site is a work in progress and, as such, things may change, be added or be taken away. We reserve the right to update the Site and these Terms and Conditions from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Site following the publishing of updated Terms and Conditions will be taken to mean that you have read and agree to the changes.
Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons, your right to use the Services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Feedback and Comments
Any opinions left on the Site are screened and moderated by our team. If the comments infringe on any law or are inappropriate (abusive publicity, defamation, insults, out of context commentary, etc.), we reserve the right to refuse or modify it.
This Site (excluding any linked sites) is controlled by us from our offices within Boulder, Colorado, USA. By accessing this Site, you agree that the statutes and laws of the State of Colorado, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Site and the materials, products, content and information available through this Site. You agree and hereby submit to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Colorado with respect to such matters.
These Terms and Conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms and Conditions may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence.