End User Terms of Service
Beeline Bikes, Inc. (“Beeline Bikes” or “we”) is pleased to be of service to you. Beeline Bikes provides a software platform and web site (the “Website”) through which the Powered by Beeline independent network of bike shops (collectively “Beeline Service Providers”) can provide services and sales to you. Please review the following terms that govern the sales or services (including, but not limited to repair services) provided by Beeline Service Providers (“Services”) and also the use of the Beeline Bike Website. When you use our products and services through the Website you are agreeing to our terms, so please carefully review this document before using the Website. Beeline’s Website and Services are intended only for users located in the United States. If you are located outside of the United States, including specifically but without limitation within the European Union, please immediately exit and do not use or access this Website or use any Services. BY CLICKING ON THE “I AGREE” BUTTON OR ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT CLICK ON THE “I AGREE” BUTTON AND DO NOT ACCESS THIS WEBSITE OR USE ANY SERVICES. By clicking on “I agree” (or by using the Website), you represent and warrant that you are of legal age to form a binding contract with Beeline Bikes. If you do not meet these requirements, you must not request Services or access or use the Website.
- You have read and agree to the Release and Waiver terms.
- All information and materials presented on or through the Website or otherwise are made available solely for general information purposes. Beeline Bikes does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on this information is strictly at your own risk. Beeline Bikes disclaims all liability and responsibility arising from any reliance placed on such information by you or by anyone who may obtain access to all or any portion of the information. This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Beeline Bikes, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Beeline Bikes. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Beeline Bikes owns all right, title and interest in and to the Beeline Bikes name and logo and all related names, logos, product and service names, designs and slogans and other trademarks. Beeline Bikes reserves all rights, title and interest in and to the Services, names, logos, designs and marks. You must not use such marks without the prior written permission of Beeline Bikes. All other names, logos, product and service names, designs and slogans on this Website, including without limitation, the trademarks of Beeline Service Providers, are the trademarks of their respective owners.
The Website and its entire contents, data, features and functionality (including but not limited to all information,
software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Beeline Bikes,
its affiliates, licensors or other providers of such material and are protected by United States and international copyright,
trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Service permit you to
use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works
of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or
mobile device solely for your own personal, non-commercial use, provided you agree to be bound by the end user license
agreement for such applications. You must not:
- Modify copies of any materials from this Website.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
- You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website.
- You understand that Beeline Bikes makes no verbal or written warranties, whether express or implied, regarding the Website. BEELINE BIKES EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND ANY CONTENT ON THE WEBSITE OR PROVIDED OTHERWISE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BEELINE BIKES NOR ANY PERSON ASSOCIATED WITH BEELINE BIKES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT ON THE WEBSITE OR PROVIDED OTHERWISE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- EXCEPT TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY, BEELINE BIKES SHALL NOT BE LIABLE FOR ANY LOSS (EVEN IF SUCH LOSS ARISES AS A DIRECT OR IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES), NOR FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THESE TERMS OR OTHERWISE, EVEN IF BEELINE BIKES HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. EXCEPT TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY, THE MAXIMUM LIABILITY OF BEELINE BIKES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, SHALL NOT UNDER ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) $1000 OR (B) THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY.
- These terms will be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of California. Any legal claim, suit, action or proceeding arising out of these terms or the matters contemplated hereunder or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule and shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Palo Alto and Santa Clara County, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum non conveniens. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these terms. These terms constitute the sole and entire agreement between you and Beeline Bikes with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. These terms may only be amended, modified or supplemented by an agreement in writing by non-preprinted agreements clearly understood by both parties to be an amendment or waiver and signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in these terms, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these terms shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. If any provision of these terms shall be adjudged by any court of competent jurisdiction to be illegal, unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect and enforceable, but shall not affect any other term or provision of these terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
- Beeline Bikes may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Beeline Bike Services or Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check the Beeline Bikes Terms of Service from time to time so you are aware of any changes, as they are binding on you.
- We may suspend or terminate the Services (or any portion thereof) at any time without notice, including if we believe that any activity or use of Services in connection with your account violates this Agreement, the intellectual property rights of a third party or applicable laws, or is otherwise disruptive or harmful to Beeline Bikes or any third party, or that we are required to do so by law.
I HAVE READ THE ABOVE STATEMENTS AND UNDERSTAND THAT MY ACCEPTANCE REPRESENTS AGREEMENT TO ALL OF THESE TERMS AND CONDITIONS.
These terms were last updated on October 1, 2019.