Terms of use

Acceptance of Terms

Welcome to Bearings Bike Shop’s website!  These Terms of Use govern your access to and use of our website.  By accessing and using our website, you represent that you have read, understand, and accept these Terms of Use and you agree to be bound by them and all other terms, policies, and guidelines incorporated in them by reference, e.g. our privacy policy.  The use of our website is offered to you conditioned on your acceptance without modification of these Terms of Use.

Restrictions on Use of Materials

Our website contains information written, audio, and visual form (“Content”) that is protected by copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed.  You acknowledge that the Content is and shall remain either our property or that of another party (each, a “Contributor”) who has been involved in the preparation or publication of the Content.  You may not assert any claims of ownership over any Content by reason of your use of or any right to use our website, and you shall not grant, create, or suffer to exist any lien or other security interest arising therefrom.  You agree to comply with all copyright and trademark laws and you shall not encumber any interest in, or assert any rights to, our Content.  You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.  You may print copies of the Content, provided that these copies are made only for personal, noncommercial use, and that you maintain any notices contained in the Content, or maintained by the Contributor, such as all copyright notices, trademark legends, or other proprietary rights notices.  You shall not electronically store any significant portion of any Content. We authorize you to view and use the Content on the Site solely for your personal, noncommercial use.  The use of the Content on any other site, including by linking or framing, or in any networked computer environment for any purpose is prohibited without our prior written approval.

Links to Other Sites

As a convenience to you, the Website provides links to third-party websites of entities, organizations, or persons (“Third-Party Sites”) (e.g. amazon.com, youtube.com) that provide useful information, or that we use to facilitate our mission.  While we strive to provide accurate information, our decision to link to a Third-Party Site is not an endorsement of the content found at these websites, and a link to a Third-Party Site on our website does not mean that we are endorsed or sponsored by, or affiliated with such third party in any way. 

WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD-PARTY SITE, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY OF SUCH CONTENT) ON ANY THIRD-PARTY WEB SITES, AND WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING.  

If you decide to access linked Third-Party Sites, you do so at your own risk.  Once you click on a link connecting you to a Third-Party Site, your use of that site and the collection and use of your personal information at the site will be governed by the Third-Party Site’s terms of use and/or privacy policy, and not by our Terms of Use or Privacy Policy.  You should take precautions when downloading files from any Third-Party Sites to protect your computer from viruses and other destructive programs, and direct any concerns regarding the Third-Party Site to its administrator or webmaster.

DISCLAIMER OF WARRANTY

THE CONTENT PROVIDED ON OUR WEBSITE IS PROVIDED AS A SERVICE TO MEMBERS OF THE GENERAL PUBLIC.  INFORMATION PRESENTED ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.  THE INFORMATION PRESENTED ON OUR WEBSITE SITE SHOULD NOT BE CONSIDERED LEGAL, FINANCIAL OR MEDICAL ADVICE, NOR DOES IT CREATE AN ATTORNEY-CLIENT, DOCTOR-PATIENT, FIDUCIARY, OR COUNSELING RELATIONSHIP BETWEEN US AND YOU OR ANY OTHER PARTY.  YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  NEITHER BEARINGS BIKE SHOP, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY THE "BBS PARTIES") GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT.

NONE OF THE BBS PARTIES WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE, ITS SERVER, OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.  YOU EXPRESSLY AGREE TO ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR WEBSITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

NONE OF BBS PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF BBS PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL ANY OF THE BBS PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED FROM THIRD PARTY SITES TO WHICH THIS SITE IS LINKED.  IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH OUR WEBSITE.

IN NO EVENT SHALL ANY OF THE BBS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT, SERVICE, OR THE AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE BBS PARTIES' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE IS TO STOP USING THE WEBSITE.

No Framing or Mirroring Allowed

Elements of our website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing or mirrors. None of the Content for our website may be retransmitted without our express written consent.

Termination

We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of our website or its Content, at any time and for any reason without prior notice or liability.  We reserve the right to change, suspend, or discontinue all or any part of our website or the content at any time without prior notice or liability.

User Must Comply with Applicable Laws

Our website is based in the State of Georgia.  We make no claims concerning whether the Content may be downloaded or are appropriate for use outside of the United States.  If you access our website from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction regarding such access.

Miscellaneous

In the event that any portion of the these Terms of Use are held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect our original intentions, and the remainder of the Terms of Use shall remain in full force and effect.  The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of the Agreement.  Our failure to enforce your strict performance of any provision of these Terms of Use will not constitute a waiver of our right to subsequently enforce such provision or any other provision of these Terms of Use against you. Neither the course of conduct between us nor trade practice shall act to modify any provision of these Terms of Use.  These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia, notwithstanding its conflicts of law rules.  Any action relating to the Content, our website, or these Terms of Use must be brought in the federal or state courts located in the metropolitan Atlanta, Georgia area, and you hereby irrevocably consent to the jurisdiction of such courts.  Any cause of action you may have with respect to the Content, our website, or these Terms of use must be commenced within one (1) year after the claim or cause of action arises, or it shall be forever barred.  These Terms of Use contain the entire agreement of you and we regarding our website and they supersede all existing agreements and all other oral, written, or other communication between you and us concerning use of our website.  You agree to use the Content and the website only for lawful purposes.  You are prohibited from any use of the Content or the website that would constitute a criminal offense, give rise to liability, or otherwise violate any applicable local, state, national, or international law or regulation.

Effective as of March 21, 2018