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CONDITIONS OF USE
Acceptance of this Agreement
The BensCycle.com or MilwaukeeBicycleCo.com web site (the "Web Site" or "BensCycle.com") is provided to you under these "Terms of Use" and any amendments to these Terms of Use that may be posted by BensCycle.com from time to time (collectively, this "Agreement"). BY ACCESSING, BROWSING AND/OR USING THE WEB SITE AND/OR ANY WEB SITES PROVIDED BY BensCycle.com, YOU AGREE TO BE BOUND BY THIS AGREEMENT. This Agreement constitutes the entire agreement between you and BensCycle.com and supercedes any prior agreements between you and BensCycle.com regarding the use and contents of the Web Site.
Privacy
BensCycle.com is committed to protecting your privacy. The information that we obtain through your use of the Web Site, or through any registration process or otherwise, is subject to our Privacy Policy. By using the site, you acknowledge that you have reviewed and agree to the use of Personally Identifiable Information as outlined in the Privacy Policy.
Modifications to this Agreement
BensCycle.com may make changes to this Agreement from time to time in its sole discretion, and will post any such changes on the Web Site. Your continued use of the Web Site constitutes your acceptance of any such changes.
Modification or Suspension of the Web Site
You agree that BensCycle.com may, in its sole discretion, and at any time, discontinue, suspend or modify its operation of the Web Site, or any part thereof, temporarily or permanently, without notice to you, and you agree that BensCycle.com/MilwaukeeBicycleCo.com shall not be liable therefor.
User Conduct
You understand and agree that all text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials ("Content") are the sole responsibility of the person from whom the Content originated. Thus, you are responsible for all Content that you disseminate or transmit through or by means of the Web Site.
Limited Permission to Copy
Unless otherwise stated, the copyright and similar rights in all material published on the Web Site are owned by Ben's Cycle. You are permitted to print or download extracts from this material for your personal use only. No part of any database or any material appearing in any database may be reproduced, stored in, or transmitted to any other web site. No material appearing in any database or on the Web Site may be disseminated in any form, whether electronic, non-electronic or otherwise, nor included in any retrieval system or service without the prior written permission of BensCycle.com/MilwaukeeBicycleCo.com. Any request for permission may be sent to:
Ben's Cycle (BensCycle.com/MilwaukeeBicycleCo.com)
1013 W. Lincoln Ave.
Milwaukee, WI 53215
or by e-mail to info@benscycle.com.
By using benscycle.com/milwaukeebicycleco.com you agree not to:
post, disseminate or transmit any Content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy;
post, disseminate or transmit any Content which infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality;
post, disseminate or transmit any viruses or other harmful, disruptive or destructive files, code or programs;
intentionally or unintentionally violate any local, state, national or international law;
impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Web Site;
disseminate or transmit any Content that you do not have the right to disseminate or transmit under law or through any contractual or fiduciary relationship;
interfere with, disrupt, or harm in any way the Web Site or servers or networks connected to the Web Site;
stalk or otherwise harass another;
collect or store personal data about other users;
harm minors in any way;
engage in any activity that would violate the personal privacy rights of others, including, but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
engage in any activity intended to withhold or cloak identity or contact information;
engage in or promote any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other Web Sites providers, web sites, chat rooms or the like; or
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
International Use
You agree to comply with all applicable local laws regarding online conduct and acceptable Content, including without limitation, laws regarding the transmission of technical data exported from the United States or the country in which you reside.
No Reselling of Web Site
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Web Site, or use of or access to the Web Site.
Termination
You agree that BensCycle.com may, in its sole discretion, and at any time, terminate your use of the Web Site, and may remove or delete any Content within the Web Site, for any reason, without prior notice to you. You further agree that BensCycle.com/MilwaukeeBicycleCo.com shall not be liable to you or to any third-party for any termination of your use of or access to the Web Site. In the event of any termination of this Agreement or your use of or access to the Web Site, you agree that the provisions regarding Proprietary Rights, Indemnification, Disclaimer or Warranties, and Limitations of Liability shall survive any such termination.
Proprietary Rights
You agree that Content available through the Web Site, including, without limitation, Content in the form of text, graphics, software, music, sound, photographs, and videos, and Content provided by suppliers, sponsors or third-party advertisers, is protected by copyrights, trademarks, patents or other proprietary rights and laws. Except as expressly authorized by BensCycle.com/MilwaukeeBicycleCo.com or the applicable supplier, sponsor or advertiser, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer or create derivative works based on the Web Site or any Content (including, without limitation, any software) available through the Web Site.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BENSCYCLE.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BENSCYCLE.com DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES BENSCYCLE.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE, AS TO THE QUALITY OF WEB SITES, AND INFORMATION OBTAINED THROUGH USE OF THE WEB SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU OR ANY OTHER PERSON FROM BENSCYCLE.com OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL BENSCYCLE.com OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES, EVEN IF BENSCYCLE.com OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE WEB SITE, (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND WEB SITES RESULTING FROM ANY GOODS, DATA, INFORMATION OR WEB SITES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE WEB SITE, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE, OR (5) ANY OTHER MATTER RELATING TO THE WEB SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Storage of Content
You agree that BensCycle.com may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space that it will maintain for Content disseminated or transmitted through the Web Site. You agree that BensCycle.com/MilwaukeeBicycleCo.com has no responsibility or liability for the deletion or failure to store any messages, communications or other Content maintained, disseminated or transmitted through the Web Site.
Your Contact With Advertisers Or Other Third-Parties
Your dealings with advertisers or other third-parties found on or through the Web Site, including your participation in promotions, the payment for and delivery of goods and web sites, and any terms, conditions, warranties or representations associated with such dealings are solely between you and the third-party. BensCycle.com/MilwaukeeBicycleCo.com does not make any representations or warranties with respect to any goods or Web Sites which may be obtained from such third-parties, and you agree that BensCycle.com will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third-party, or as a result of the presence of such third-parties on the Web Site.
Links
The Web Site, or third-parties on the Web Site, may provide links to other web sites and/or resources over which BensCycle.com has no control. You agree that BensCycle.com has no responsibility for and no liability for the availability of such external web sites or resources, or for the Content, advertising, products or other materials available through such web sites or resources.
Indemnification
You agree to indemnify, defend and hold harmless BensCycle.com, its parents, subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, and suppliers, from and against any claim, demand, action, or damage, including reasonable attorneys' fees, made by any third-party due to, arising out of or related to your connection to the Web Site, your use of the Web Site, or your violation of this Agreement.
Trademark Notices
BensCycle.com/MilwaukeeBicycleCo.com, and the Bens Cycle or Milwaukee Bicycle Co logo are service marks and trademarks of BensCycle.com/MilwaukeeBicycleCo.com. You may not use or display these marks without BensCycle.com or MilwaukeeBicycleCo.com prior written consent, which may be withheld or delayed in the sole discretion of BensCycle.com/MilwaukeeBicycleCo.com. All other trademarks appearing on the Web Site are the property of their respective owners.
Copyright
BensCycle.com/MilwaukeeBicycleCo.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BensCycle.com/MilwaukeeBicycleCo.com's Copyright Agent the following information:
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 the Web Site;
your address, telephone number, and e-mail 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.
Ben's Cycle (BensCycle.com/MilwaukeeBicycleCo.com)
1013 W. Lincoln Ave.
Milwaukee, WI 53215
or by e-mail to info@benscycle.com.
BensCycle.com/MilwaukeeBicycleCo.com will notify the originator of the material in question and provide them ten (10) days to respond to the claim. If BensCycle.com does not receive a notice back as to good faith use or evidence of ownership of the material by the end of the ten (10) day period, the item in question will be removed form BensCycle.com and all related databases.
Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, USA, without giving effect to conflict of laws provisions. You and BensCycle.com/MilwaukeeBicycleCo.com agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Milwaukee, Wisconsin, USA.
Miscellaneous
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect. You agree that any claim or cause of action arising out of your use of the Web Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Any failure by BensCycle.com/MilwaukeeBicycleCo.com to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
