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Terms & Conditions

  1. WELCOME
  2. USAGE RESTRICTIONS
  3. PROHIBITIONS
  4. USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
  5. COLOURS
  6. CORRECTION OF ERRORS AND INACCURACIES
  7. TYPOGRAPHICAL ERRORS
  8. TERM; TERMINATION
  9. NOTICE
  10. ENFORCEMENT OF TERMS AND CONDIIONS
  11. USE OF SITE
  12. INDEMNIFICATION
  13. THIRD PARTY LINKS
  14. DISCLAIMER
  15. LIMITATION OF LIABILITY
  16. REFUNDS
  17. SALES TAX
  18. VARIATION
  19. INVALIDITY
  20. WAIVER
  21. GOVERNING LAR AND JURISTICTION
  22. ENTIRE AGREEMENT

 

 

1.Welcome

Welcome to the kidbiker.com Web Site (the “site”). We provide this Site as a service to its customers. Please review the following basic rules that govern your use of our site (the “Agreement”). Please note that your use of our site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this site.

Although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. 'Kid Biker' reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Site following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this web site.

2. Usage Restrictions; Intellectual Property

All of the content you see and hear on the kidbiker.com site, including, for example, all of the page headers, images, illustrations, graphics, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Kid Biker, one of its affiliates or by third parties who have licensed their materials to Kid Biker. The entire content of the kidbiker.com site is copyrighted as a collective work under applicable copyright laws, and coordination, arrangement and enhancement of the content.

The users of our site intend the content of the kidbiker.com web site, and the site as a whole, solely for personal, non-commercial use. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter in any way, or delete or change any copyright or trademark notice. No right, title or interest in any content or materials is transferred to you as a result of such activities. Kid Biker, reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this website.

Kid Biker is a US registered trademark. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from Kid Biker.

3. Prohibitions

You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this website.

Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Kid Biker will report any such breach to the relevant lay enforcement authorities and disclose your identity to them.

We will not be liable for loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to you downloading any of the material posted on it, or on any website linked to it.

4. User Comments, Feedback, Postcards, and other submissions

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to kidbiker.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain the property of Kid Biker. Such disclosure, submission or offer of any comments shall constitute an assignment to Kid Biker of all US rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any comments. Therefore, Kid Biker will exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any comments. Kid Biker is and shall be under no obligation to (1) maintain any comments in confidence; (2) to pay to any user compensation for any comments; or (3) to respond to any user comments.

You agree that no comments submitted by you to the site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no comments submitted by you to the site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.

5. Colors

We have done our best to ensure and display as accurately as possible the colors of the products shown on the kidbiker.com web site. However, because the colors you see will depend on the quality on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

6. Correction of Errors and Inaccuracies

The information of the kidbiker.com web site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your kidbiker.com purchase you may return it with the original kidbiker.com return summary. Please see our Return Policy.

7. Typographical Errors

In the event a kidbiker.com product is listed at an incorrect price due to typographical errors or system errors, kidbiker.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. kidbiker.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled. kidbiker.com shall issue a payment to your credit card account in the amount of the incorrect price.

8. Term; Termination

These terms and conditions are applicable to you upon your accessing the site, or completing the registration or shopping process. These terms and conditions, or any of them, may be terminated by kidbiker.com without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

9. Notice

kidbiker.com may deliver notice to you by means of electronic mail, a general notice on this site, or by written communication delivered by first class mail to your address on record in kidbiker.com account information.

10. Enforcement of Terms and Conditions

By accessing and using the kidbiker.com web site, you agree that your access to and use of the kidbiker.com web site is subject to these Terms and Conditions, as well as all applicable laws, as governed by and construed in accordance with South Carolina Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the Courts of South Carolina. All contracts are concluded in English.

11. Use of Site

Harassment in any manner or form of the site, including via email and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Kid Biker, or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization. Please note that you must be 18 years or older to register with the site and to purchase goods from the site. By registering to use the site you warrant that you are aged 18 years of age or older.

12. Indemnification

You agree to indemnify, defend, and hold harmless Kid Biker, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

In an attempt to provide increased value to our visitors, Kid Biker may choose various third party web sites to link to from its own site. However, even if the third party is affiliated with Kid Biker, has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Kid Biker has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. None the less, Kid Biker seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its site, but for sites it links to as well (including if a specific link does not work).

14. Disclaimer

This site and the materials and products in this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Kid Biker disclaims warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Kid Biker does not represent or warrant that the functions contained in this 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. Kid Biker does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you. Any disclaimers do not apply to consumer purchases.

15. Limitation of Liability

Kid Biker 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 Kid Biker has been advised of the possibility of damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

16. Refunds

KID BIKERS’® Customer satisfaction is very important to us. If you are unsatisfied with your purchase for any reason, we will gladly accept your return within 10 days from receipt of purchase. Please make sure to send back the item in its original condition and packaging, with the receipt.

You will be responsible for paying for your own shipping costs when returning or exchanging an item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Please send all returns to the address below, complete with your full name and order number:
KID BIKER® LLC, 112 Travelers Rest Blvd., Summerville, SC  29485


Have any questions? Contact us!

17. Sales Tax

KID BIKER® is required to charge sales tax for all orders shipped within South Carolina. All shipping addresses outside of South Carolina will not be charged sales tax.

18.Variation

Kid Biker shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the services and/or any page of this website.

19. Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/ sub-clause or part of a clause/ sub-clause can be served to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/ sub-clause as is permitted by law.

20. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

21. Governing Law & Jurisdiction

These terms and conditions are to be construed in accordance with the laws of South Carolina and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the South Carolina courts.

22. Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Kid Biker. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Kid Biker.