Left Coast Bicycles Terms and Conditions
Left Coast Bicycles LLC (Left Coast Bikes) pleased to be of service to you and your bike(s). Please review the following terms that govern the sales or services (including, but not limited to repair services) provided by Left Coast Bicycles (“Services”) and also the use of the Left Coast Bicycle website (the “Website”). You must agree to these terms before Left Coast Bicycles will perform any Services for you. BY CLICKING ON THE “I AGREE” BUTTON, YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT CLICK ON THE “I AGREE” BUTTON. 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 Left Coast Bicycles. If you do not meet all of these requirements, you must not request Services or access or use the Website.
1. You agree to the Release and Waiver terms.
3. The information and materials presented on or through the Website or otherwise is made available solely for general information purposes. Left Coast Bicycles does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Left Coast Bicycles disclaims all liability and responsibility arising from any reliance placed on such information by you or by anyone who may be informed of any contents of such 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 Left Coast Bicycles, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Left Coast Bicycles. 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.
4. 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.
5. The Left Coast Bicycles name and logo and all related names, logos, product and service names, designs and slogans are trademarks of Left Coast Bicycles or its affiliates or licensors. You must not use such marks without the prior written permission of Left Coast Bicycles. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
6. The Website and its entire contents, 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 Left Coast Bicycles, its 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 follows:
a. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
b. You may store files that are automatically cached by your Web browser for display enhancement purposes.
c. 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 our end user license agreement for such applications. You must not:
d. Modify copies of any materials from this Website.
e. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
f. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
g. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
7. You understand that Left Coast Bicycles makes no verbal or written warranties, whether express or implied, regarding the Website. LEFT COAST BICYCLES 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 LEFT COAST BICYCLES NOR ANY PERSON ASSOCIATED WITH LEFT COAST BICYCLES 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.
8. EXCEPT TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY, LEFT COAST BICYCLES 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 LEFT COAST BICYCLES 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 LEFT COAST BICYCLES 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.
9. These terms will be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of Oregon. 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 Oregon 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 Oregon in each case located in the City of Portland and Multnomah 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 Left Coast Bicycles 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.
I HAVE READ THE ABOVE STATEMENTS AND UNDERSTAND THAT MY ACCEPTANCE REPRESENTS AGREEMENT TO ALL OF THESE CONDITIONS.
These terms were last updated on September 18, 2017