Welcome to our Web site. By using our site, you are agreeing to comply with and
carefully. If you do not agree to these terms, you should not use this site. The
term “site” or “us” or “we” or “our” refers to 101Bike.com, the owner of the
Web site. The term “you” refers to the user or viewer of our Web Site.
- Acceptance of Agreement.
("Agreement") with respect to our site (the "Site"). This Agreement constitutes
the entire and only agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and understandings with
respect to the Site, the content, products or services provided by or through
the Site, and the subject matter of this Agreement. This Agreement may be
amended at any time by us from time to time without specific notice to you. The
latest Agreement will be posted on the Site, and you should review this
Agreement prior to using the Site.
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under
applicable copyrights, trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the Site, except as
allowed by Section 4 below, is strictly prohibited. You do not acquire ownership
rights to any content, document or other materials viewed through the Site. The
posting of information or materials on the Site does not constitute a waiver of
any right in such information and materials. Some of the content on the site is
the copyrighted work of third parties.
- Service Marks.
"101Bike.com" and others are our service marks or registered service marks or
trademarks. Other product and company names mentioned on the Site may be
trademarks of their respective owners.
- Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to
access and use the Site strictly in accordance with this Agreement; (b) to use
the Site solely for internal, personal, non-commercial purposes; and (c) to
print out discrete information from the Site solely for internal, personal,
non-commercial purposes and provided that you maintain all copyright and other
policies contained therein. No print out or electronic version of any part of
the Site or its contents may be used by you in any litigation or arbitration
matter whatsoever under any circumstances.
Site; (f) make any portion of the Site available through any timesharing system,
service bureau, the Internet or any other technology now existing or developed
in the future; (g) remove, decompile, disassemble or reverse engineer any Site
software or use any network monitoring or discovery software to determine the
Site architecture; (h) use any automatic or manual process to harvest
Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or
documents (collectively defined as “Content and Materials”) therein are subject
to the following restrictions and prohibitions on use: You may not (a) copy,
print (except for the express limited purpose permitted by Section 4 above),
republish, display, distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any portion of the Site or any
Content and Materials retrieved therefrom; (b) use the Site or any materials
obtained from the Site to develop, of as a component of, any information,
storage and retrieval system, database, information base, or similar resource
(in any media now existing or hereafter developed), that is offered for
commercial distribution of any kind, including through sale, license, lease,
rental, subscription, or any other commercial distribution mechanism; (c) create
compilations or derivative works of any Content and Materials from the Site; (d)
use any Content and Materials from the Site in any manner that may infringe any
copyright, intellectual property right, proprietary right, or property right of
us or any third parties; (e) remove, change or obscure any information from the
Site; (i) use the Site for the purpose of gathering information for or
transmitting (1) unsolicited commercial email; (2) email that makes use of
headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j)
use the Site in a manner that violates any state or federal law regulating
email, facsimile transmissions or telephone solicitations; and (k) export or
re-export the Site or any portion thereof, or any software available on or
through the Site, in violation of the export control laws or regulations of the
- Forms, Agreements & Documents
For potential affiliates we may make available through the Site or through other
Web sites sample and actual forms, checklists, business documents and legal
documents (collectively, “Documents”). All Documents are provided on a
non-exclusive license basis only for your personal one-time use for
non-commercial purposes, without any right to re-license, sublicense,
distribute, assign or transfer such license. Documents are provided for a charge
and without any representations or warranties, express or implied, as to their
suitability, legal effect, completeness, currentness, accuracy, and/or
appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH
“ALL FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. The Documents may be inappropriate for your particular
circumstances. Furthermore, state laws may require different or additional
provisions to ensure the desired result. You should consult with legal counsel
to determine the appropriate legal or business documents necessary for your
particular transactions, as the Documents are only samples and may not be
applicable to a particular situation. Some Documents are public domain forms or
available from public records.
- No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site is not intended to
and does not constitute legal advice, recommendations, and mediation or
counseling under any circumstance and no attorney-client relationship is formed.
We do not warrant or guarantee the accurateness, completeness, adequacy or
currency of the information contained in or linked to the Site. Your use of
information on the Site or materials linked to the Site is entirely at your own
risk. We are not a law firm and the Site is not a lawyer referral service.
- Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or
obscure, by framing or otherwise, advertisements, the copyright notice, or other
notices on the Site, (b) your site does not engage in illegal or pornographic
activities, and (c) you discontinue providing links to the Site immediately upon
request by us.
The Site may contain advertising and sponsorships. Advertisers and sponsors are
responsible for ensuring that material submitted for inclusion on the Site is
accurate and complies with applicable laws. We are not responsible for the
illegality or any error, inaccuracy or problem in the advertiser or sponsor’s
Certain sections of, or offerings from, the Site may require you to register. If
registration is requested, you agree to provide us with accurate, complete
registration information. Your registration must be done using your real name
and accurate information. Each registration is for your personal use only and
not on behalf of any other person or entity. We do not permit (a) any other
person using the registered sections under your name; or (b) access through a
single name being made available to multiple users on a network. You are
responsible for preventing such unauthorized use.
- Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses
or other harmful components, or that defects will be corrected. We do not
represent or warrant that the information available on or through the Site will
be correct, accurate, timely or otherwise reliable. We may make changes to the
features, functionality or content of the Site at any time. We reserve the right
in our sole discretion to edit or delete any documents, information or other
content appearing on the Site.
- Third Party Content.
Third party content may appear on the Site or may be accessible via links from
the Site. We are not responsible for and assume no liability for any mistakes,
misstatements of law, defamation, omissions, falsehood, obscenity, pornography
or profanity in the statements, opinions, representations or any other form of
content on the Site. You understand that the information and opinions in the
third party content represent solely the thoughts of the author and is neither
endorsed by nor does it necessarily reflect our belief.
- Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this
Agreement and to take any action we deem appropriate, including but not limited
to reporting any suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any information necessary or
appropriate to such persons or entities relating to your profile, email
addresses, usage history, posted materials, IP addresses and traffic
You agree to indemnify, defend and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third party suppliers
of information and documents, attorneys, advertisers, product and service
providers, and affiliates (collectively, "Affiliated Parties") harmless from any
liability, loss, claim and expense, including reasonable attorney's fees,
related to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable or assignable. Any password or
right given to you to obtain information or documents is not transferable or
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR
USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE
NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THIS SITE
AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED
WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
- Limitation of Liability
We and any Affiliated Party shall not be liable for any loss, injury, claim,
liability, or damage of any kind resulting in any way from (a) any errors in or
omissions from the Site or any services or products obtainable therefrom, (b)
the unavailability or interruption of the Site or any features thereof, (c) your
use of the Site, (d) the content contained on the Site, or (e) any delay or
failure in performance beyond the control of a Covered Party.
THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY
CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION,
DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT
AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND
ANY AFFILIATED PARTY.
- Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all
information regarding Site uses by you and all information provided by you in
graphics, or other information communicated by you to us (collectively, a
"Submission") will forever be our property. We will not be required to treat any
Submission as confidential, and will not be liable for any ideas (including
without limitation, product, service or advertising ideas) and will not incur
any liability as a result of any similarities that may appear in our future
products, services or operations. Without limitation, we will have exclusive
ownership of all present and future existing rights to the Submission of every
kind and nature everywhere. We will be entitled to use the Submission for any
commercial or other purpose whatsoever, without compensation to you or any other
person sending the Submission. You acknowledge that you are responsible for
whatever material you submit, and you, not us, have full responsibility for the
message, including its legality, reliability, appropriateness, originality, and
- Third-Party Services.
We may allow access to or advertise certain third-party product or service
providers ("Merchants") from which you may purchase certain goods or services.
You understand that we do not operate or control the products or services
offered by Merchants. Merchants are responsible for all aspects of order
processing, fulfillment, billing and customer service. We are not a party to the
transactions entered into between you and Merchants. You agree that use of or
purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF
ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE,
FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES
ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND
MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE
LINKED TO OUR SITE.
- Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of
Merchants will apply to you while on any Merchant sites. We are not responsible
for information provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority to make any
representations or commitments on behalf of the other.
You represent and warrant that if you are purchasing something from us or from
Merchants that (i) any credit information you supply is true and complete, (ii)
charges incurred by you will be honored by your credit card company, and (iii)
you will pay the charges incurred by you at the posted prices, including any
- Securities Laws.
The Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and demand for our
products or services, as well as our intentions, plans and objectives
(particularly with respect to product and service offerings), that are
forward-looking statements. These statements are based upon a number of
assumptions and estimates which are subject to significant uncertainties, many
of which are beyond our control. When used on our Site, words like
"anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends,"
"will" and similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe harbors for
forward-looking statements. The Site and the information contained herein does
not constitute an offer or a solicitation of an offer for sale of any
securities. None of the information contained herein is intended to be, and
shall not be deemed to be, incorporated into any of our securities-related
filings or documents.
- Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for the
content, accuracy or opinions express in such Web sites, and such Web sites are
not investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by us. If you decide to leave our Site and
access these third-party sites, you do so at your own risk.
- Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide our Copyright Agent the following
An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on
(a) An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest; (b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site
can be reached by directing an e-mail to the Copyright Agent at
or obligation to update this information or any press releases. Information
about companies other than ours contained in the press release or otherwise,
should not be relied upon as being provided or endorsed by us.
- Legal Compliance.
You agree to comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of the Site and the
Content and Materials provided therein.
- Refund and Return Policy.
To the extent that you purchase any goods or services directly from us, all
sales are final. We will offer an exchange for damaged items only. Damaged items
should be reported within 7 days after delivery. If we don't have a replacement
in stock we will refund you your purchase price within 30 days of you notifying
us in writing of your desire for the refund, together with the reason for the
request, with the product or service returned to us in substantially the same
condition as when purchased. Please note, however, that certain products and
services mentioned on our site are sold by third parties or are linked to third
party Web sites, and we have no responsibility or liability for those products
or services. You may request a refund by contacting us by email at Edward@101Bike.com. You may obtain any additional information
concerning our refund and return policy, including our mailing address, by
contacting us at Edward@101Bike.com.