Please read the following Terms and Conditions (“Terms”) for the use of this Website (“Site”):
By accessing, visiting, browsing, using, or attempting to interact with or use any part of this Site, all users agree to the following terms and conditions. If you do not agree to these terms and conditions, please do not use this Site.
We reserve the right to change these Terms at any time without notice for any reason. Your continued use if this Site after such changes will constitute acknowledgement and acceptance of the Terms as modified.
For the purposes of these Terms, “Content” is defined as any information, communications, software, published works, photos video, graphics, music, sounds, or any other material that can be viewed by users on our Site.
All Content found on http://www.detroitbikes.com is copyrighted and the sole property of Detroit Bikes, L.L.C. (“Detroit Bikes”). All trademarks and trade names used of Detroit Bikes used on this Site belong to Detroit Bikes. No rights or title to any of the works contained on the Site shall be considered transferred or assigned to you.
You may display and, subject to expressly stated limitations or restrictions relating to specific material, download, save, or print portions of the materials from the Site solely for your own non-commercial personal use, or to purchase Detroit Bikes’ products, or to plan an order with Detroit Bikes. Any other use, including but not limited to, reproduction, distribution, transmission, modification, republishing, copy, license or create derivative works from the content of this Site is strictly prohibited, unless authorized by Detroit Bikes. Any unauthorized use of the Site content violates our intellectual property interests and could result in criminal or civil penalties.
Use of Site
You may use this Site for purposes expressly permitted by the Site. As a condition of your use, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these terms. Harassment in any manner on this Site is strictly forbidden. Impersonation of others including a Detroit Bikes’ employee or other licensed representative on this Site is prohibited You may not distribute or otherwise publish through the Site any content that is defamatory, libelous, threatening or may otherwise give rise to liability.
All Content and offerings on this Site are provided “as is” and “as available” without warranties of any kind, ether express or implied. To the fullest extent permissible under applicable law, Detroit Bikes disclaims all warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Detroit Bikes does not represent or warrant that the content or offerings will meet your requirements; that the functions on the Site will be uninterrupted, timely, secure, or error-free; that the results that may be obtained from the use of the content or offerings will be effective, accurate, or reliable; or that the quality of any content or offerings purchased or obtained by you form the Site from us or our affiliates will meet your expectations or be free from mistakes, errors or defects.
This Site could contain technical or other mistakes, inaccuracies, or typographical errors. We may make changes to the content and offerings on this Site, including the prices and descriptions of any products listed herein, at any time with notice. Detroit Bikes reserves the right to refuse or cancel any orders at any time placed for products listed at the incorrect price. We will refund you the amount that was charged if you have already been charged and your order cancelled.
You also understand that we cannot and will not guarantee or warrant that files available for downloading will not cause any damage or harm to your computer system. Any downloading or other acquisition of any content from this Site is done solely at your own discretion and risk and Detroit Bikes will not be responsible for any resulting damage or loss of data from such activities.
Some states or jurisdictions do not allow the exclusions of certain warranties, so some of the above limitations may not apply to you.
Limitation of Liability and Indemnification
You agree to indemnify, defend, and hold harmless, Detroit Bikes and its subsidiaries, affiliates, licensors, content providers, service providers, officers, directors, employees, agents, and suppliers (collectively, “Indemnified Parties”) from and against all loses, expenses, judgments, damages, and costs, including reasonable attorney fees, resulting from any violation of these Terms by you any anyone using your account or in connection therewith. You will also indemnify the Indemnified Parties from and against any claims brought by third parties arising from your use of the content on this Site. We will also not be liable in any way for third party promises regarding our offerings or content. 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.
This Site may redirect or link to other websites on the internet, or may otherwise include references to information, products, or services made available by unaffiliated third parties. These linked websites are only for your convenience, and do not imply an endorsement, and you access them at your risk. We are not responsible for the accuracy, completeness, or legality of content hosted by third party websites nor are we responsible for errors or omission of any references made on those websites. However, we value the integrity of our Site and our visitors, and therefore request any feedback on not only this Site, but for any third party links as well.
This Site may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the internet community or with a group. Any materials or content you post to the aforementioned or any other communication services may be subjected to limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations.
Notwithstanding, you remain solely responsible for the content of your submission, and Detroit Bikes is not in any manner responsible for the content of these communications and materials. Detroit Bikes reserves the right to block or remove communications, users, or materials deemed offensive, abusive, fraudulent and/or misleading, in violation of a copyright or trademark or any other intellectual property right, or is otherwise unacceptable at its sole discretion.
All communications sent by you to us will be treated as non-confidential and non-proprietary. Please do not submit confidential or proprietary information to use unless we have mutually agreed in writing otherwise. Detroit Bikes reserves the right to release your account details to any law enforcement authorities or court order requesting or directing the disclosure of identity in relation to an investigation of suspected violations of the law. We also reserve the right to release your account details to system administrators and/or the authorities to assist in the investigation of any security incidents or suspected violations of these Terms.
Termination of Use
These Terms are applicable to you upon the use of the Site and/or registration or shopping process. You agree that we may, at 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, the breach of these Terms. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
Your use of this Site shall be governed in all respects by the laws of the state of Michigan, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods (CISG). You agree and hereby submit to the exclusive personal jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the state or federal courts located in Wayne County, Michigan. Detroit Bikes’ failure to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision. Neither the course of conduct between the parties nor trade practices shall act to modify any of these Terms. Any claim or cause of action you may have with respect to the Site (including but not limited to the purchase of our products) must be commenced within one (1) year after the claim or cause of action arises.