General terms & conditions
Conditions of Use
Thank you for choosing IBB Cyclery. Please carefully read the following terms and conditions of use before using this website. If you visit or shop at IBB Cyclery either in store, online or on the phone, you accept these terms and conditions.
Communication
After visiting IBB Cyclery either in store, online or on the phone, placing an order through IBB Cyclery either in store, online or on the phone or communicating via email with IBB Cyclery, you may receive notice from IBB Cyclery by means of e-mail, a general notice on the site or by other reliable method to the address (both e-mail and mailing) you provided to IBB Cyclery.
Copyright
All content on this site including but not limited to text, code, graphics or logos is property of IBB Cyclery and copyrighted under United States and other copyright laws. Any use, including but not limited to reproduction, distribution, display and transmission of content from this site is strictly prohibited unless authorized by IBB Cyclery.
Trademarks
All trademarks, service marks and trade names of IBB Cyclery used in the site are trademarks or registered trademarks of IBB Cyclery.
Limitation of Liability and Disclaimer of Warranties
IBB Cyclery shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if IBB Cyclery has been advised of the possibility of such damages.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied unless otherwise specified in writing. To the fullest extent permissible pursuant to applicable law, IBB Cyclery disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. IBB Cyclery makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You agree that your use of this site is done so at your own risk. IBB Cyclery does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. IBB Cyclery does not make any warranties or representations regarding the use of the materials in this site for their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Applicable Law
You agree that when visiting IBB Cyclery that the laws of the state of Utah, without regard to choice of law provisions, will govern these Conditions of Use regarding any dispute of any sort that might arise between you and IBB Cyclery or its suppliers. You agree that 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 Salt Lake City, Utah. Any cause of action or claim you may have with respect to the site must be commenced within one year after the claim or cause of action arises. IBB Cyclery failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. IBB Cyclery may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of and Participation in Site
IBB Cyclery grants you a limited license to access and personally use this site. IBB Cyclery does not authorize any download or modification of any of the site content without express written consent from IBB Cyclery. This site or any portion of this site may not be used for commercial purposes without the express written consent of IBB Cyclery.
IBB Cyclery does not and is not obligated to review any communications and materials posted to or created by users accessing this site. IBB Cyclery has the right to monitor, edit or remove any content or activity at its discretion. IBB Cyclery takes no responsibility and assumes no liability for any content posted by you or any third party. If you choose to submit content, unless otherwise indicated, you grant IBB Cyclery the right to use such content in any form. You grant IBB Cyclery the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content and that there is no violation of a copyright, trademark or other intellectual property rights of another. You represent and warrant that your submitted content is not fraudulent, deceptive or misleading or abusive, defamatory or obscene.
Product Description and Pricing
At IBB Cyclery, we try to be as accurate and thorough as possible. IBB Cyclery does not warrant that product description or other content on this site from both IBB Cyclery or its suppliers is free of errors, current, complete or correct. If you feel that a product received is not as described by IBB Cyclery, IBB Cyclery will be happy to have the product returned as long as it is in unused condition.
If a product on the IBB Cyclery site is accidentally listed incorrectly, IBB Cyclery reserves the right to refuse or cancel any orders placed for product listed at an incorrect price whether the order has been confirmed or your credit card has been processed. If your credit card has already been charged for the purchase and your order is cancelled, IBB Cyclery shall issue a credit to your credit card account in the amount of the incorrect price. IBB Cyclery is not responsible for the time it takes your credit card company to post your credit to your account once IBB Cyclery authorizes a refund.
Third-Party Links
IBB Cyclery links to other sites operated by third parties including but not limited to suppliers’ websites, blogs and news sites. These sites have separate privacy and data collections independent of IBB Cyclery and IBB Cyclery has no control over these sites. Access to these websites through linking on IBB Cyclery is done at your own risk.
Site Policies, Modifications, Indemnification and Termination
These terms and conditions are applicable to you upon your accessing IBB Cyclery and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by IBB Cyclery without notice at any time, for any reason. If any of these policies shall be deemed invalid, void or for any reason unenforceable that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
By using IBB Cyclery, you agree to indemnify, defend and hold harmless IBB Cyclery, its employees, suppliers and contractors from and against all losses, expenses, damages and costs including reasonable attorney’s fees as a result of any violation of these terms and conditions or any activity related to your account which includes negligent or unlawful conduct by you or anyone accessing IBB Cyclery using your internet connection or account.
All Conditions of Use apply to web, store and phone purchases.