Effective Date: June 15, 2022
The Company is licensed with the Oregon Secretary of State. Tommy’s Bicycle Shop is an assumed business name of either of the Company.
The parties referred to in this Agreement shall be defined as follows:
a. Company, Us, We: The Company, as the creator, operator, and publisher of the Websites, makes the Websites, and certain Services on it, available to users. Velorution LLC, Mac Bike Rentals LLC, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
b. You, the User, the Client: You, as the user of the Websites, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
c. Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.
3. RESTRICTIONS AND REQUIREMENTS:
These Websites are offered and available to users who are 18 years of age or older. By using these Websites, You represent and warrant that You are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. You also represent and warrant that 1) You live in the United States; 2) You have not registered on a national or statewide Do Not Call list; 3) You are the account holder for the email addresses and phone numbers You provided, or You have authorization from the account holder to give this consent; and 4) the email addresses and phone numbers You provided are accurate. If You do not meet all of these requirements, You must not access or use the Websites.
4. USER DATA:
5. ASSENT & ACCEPTANCE:
By using the Websites, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Websites immediately. The Company only agrees to provide use of these Websites and Services to You if You assent to this Agreement.
6. LICENSE TO USE WEBSITES:
The Company may provide You with certain information as a result of Your use of the Websites or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Websites or Services (“Company Materials”). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Websites and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Websites or Services or at the termination of this Agreement.
7. INTELLECTUAL PROPERTY:
You agree that the Websites and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
8. ACCEPTABLE USE
You agree not to use the Websites or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Websites or Services in any way that could damage the Websites, Services, or general business of the Company.
You further agree not to use the Websites or Services:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of the Company or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate, or discrimination towards any group;
- To unlawfully gather information about others.
9. USER CONTENT:
The Websites may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content”).
If You decide to share Your User Content with others through the Sites or third-party platforms, You understand that this User Content will be viewable by others in accordance with the privacy settings You establish. You agree that You are solely responsible for Your User Content and for Your use of any interactive features and areas of the Sites.
By using the interactive features and areas of the Sites, You further agree not to create, post, share or store any of the following:
a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law;
c. User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
d. User Content that contains or depicts any statements, remarks, or claims that do not reflect Your honest views and experiences;
e. User Content that impersonates, or misrepresents Your affiliation with, any person or entity;
f. User Content that contains any unsolicited promotions, political campaigning, advertising, or solicitations;
g. User Content that contains any private or personal information of a third party without such third party’s consent;
h. User Content that references alcohol or illegal drugs irresponsibly, such as references to overconsumption or use by minors;
i. User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
j. User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Sites or Services, or that may expose Company or others to any harm or liability of any type.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and You are solely responsible for creating backup copies of and replacing any User Content You post or store on the Sites at Your sole cost and expense.
10. RIGHTS IN USER CONTENT:
If You submit content You own, You retain Your ownership of Your intellectual property rights. We do not claim any ownership interest in Your User Content. However, by uploading, posting or submitting User Content to the Sites or to our pages or feeds on third party social media platforms (e.g., Company Facebook page, Instagram page or Twitter feed), You hereby grant Company the right to use it in any form free of charge.
This is a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display Your User Content, in whole or in part, and Your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.
The Company may sell goods or services or allow third parties to sell goods or services on the Websites. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, unless you receive a written guaranty or warranty from the Company, the Company does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk.
12. REVERSE ENGINEERING & SECURITY:
You agree not to undertake any of the following actions:
a. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Websites or Services;
b. Violate the security of the Websites or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.
13. DATA LOSS:
The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Websites or Services is at Your own risk.
To the fullest extent permitted by applicable law, You agree to indemnify, defend and hold harmless the Company, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Company Parties”), from and against all actual or alleged Company Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to:
- Any use or misuse of the Sites, Content or Services by You or any third party You authorize to access or use such Sites, Content or Services,
- Any User Content You create, post, share or store on or through the Sites or our pages or feeds on third-party social media platforms,
- Your violation of these terms, and Your violation of the rights of another.
You agree to promptly notify the Company of any third party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance).
You further agree that the Company Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between You and the Company.
15. SPAM POLICY:
You are strictly prohibited from using the Websites or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
16. THIRD-PARTY LINKS & CONTENT:
The Company may occasionally post links to third-party Websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third-party services linked to from Our Websites.
17. OPTING OUT:
You may revoke Your consent to receive communications at any time by replying “stop” to any of our texts. We will make a commercially reasonable effort to comply with any communications from You opting out, but reply “stop” will automatically unsubscribe You, and we recommend that method. We may take up to 30 days to stop communications if You use a method other than the automatic reply “stop.” You consent to receive a final text message confirming Your opt-out.
In accordance with the FTC guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following. The testimonials reflect the real-life experiences of individuals who used our Services and/or services. All product reviews and testimonials are the sole opinions, findings, or experiences of our customers and not those of the Company or its staff. Company does not compensate in any way for testimonials or reviews. The testimonials displayed are given verbatim except for grammatical or typing error corrections. Some testimonials may have been edited for clarity or shortened in cases where the original testimonial included additional information of no relevance to the general public.
19. MODIFICATION & VARIATION:
The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Websites and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
a. To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b. You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Websites after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
20. ENTIRE AGREEMENT:
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of these Websites. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of these Websites.
21. SERVICE INTERRUPTIONS:
The Company may need to interrupt Your access to the Websites to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Websites may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
22. TERM, TERMINATION & SUSPENSION:
The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
23. NO WARRANTIES:
You agree that Your use of the Websites and Services is at Your sole and exclusive risk and that any Services provided by Us are on an “As Is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Websites or Services will meet Your needs or that the Websites or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Websites or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Websites or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.
24. LIMITATION ON LIABILITY:
The Company is not liable for any damages that may occur to You as a result of Your use of the Websites or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to the Company in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
25. SERVICERS AND ADVERTISERS:
Any information or content on these Websites is provided “as is”. We can only provide information with which we have been provided and accept no responsibility for any information that is out of date or otherwise invalid.
We cannot monitor all of the information received or maintain editorial control over such content.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information provided by other users of the Services, advertisers, links, or others referred to or using the Websites are those of the respective author(s) or distributor(s) of that information and not of Company. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement.
By posting, inputting, or otherwise submitting information to our website, You are representing
You are the rightful owner of such information and are granting us the right, license, and privilege to use such information or data in any way we deem appropriate. We have the right, but not the obligation, to monitor and review the content on the website and provided through the use of the Services and Your account to determine compliance with these Terms and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes.
Your correspondence or business dealings with, participation in promotions of, or purchase of goods and/or services from our listings, advertisers, or sponsors found on or through the Services, and any terms, conditions, warranties, or representations associated with such dealings, are solely between You and such listing parties, advertisers, or sponsors. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, or as the result of the presence of such listing parties, advertisers, or sponsors on or through the services.
Our provision of a link to any other website or location is for Your convenience and does not signify our endorsement of such other website or location or its contents. Any concerns You may have regarding any external link should be directed to that link’s website administrator or webmaster. Company shall not be liable for any information, software, or links found at any other website, internet location, or source of information, or for Your use of such information.
26. GENERAL PROVISIONS:
a. LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
b. JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Websites or Services, You agree that the laws of the State of Oregon shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Yamhill, Oregon. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
c. ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration under the rules of the Arbitration Service of Portland, Inc. The arbitration shall be conducted in the following county: Yamhill. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the laws of the following state: Oregon. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes, or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
d. ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
e. SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
f. NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
g. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
h. NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
i. FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, pandemics, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
j. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: [email protected].
Mac Bike Rentals LLC
103 Southeast Baker St.
McMinnville, OR 97128
Contact Email: [email protected]
Or [email protected]
103 Southeast Baker St.
McMinnville, OR 97128
Contact Email: [email protected]
Or [email protected]
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE
RESERVED BY COMPANY.