PLATTE RIVER BICYCLE GOODS, LLC
Website Terms and Conditions
The rules and regulations in these Terms and Conditions apply to all visitors or users of this Web Site. The terms “we”, “us” or “our” shall refer to Platte River Bicycle Goods, LLC (“Administrator”). The terms “you”, “your”, or “User” shall refer to the individual or entity who accepts these Terms and Conditions. By accessing this Web Site, user acknowledges acceptance of these Terms and Conditions. Administrator reserves the right to change these Terms and Conditions from time to time at its sole discretion. The amended version will be effective at the time Administrator posts it. Administrator may provide notice of substantial changes to the Terms and Conditions on the homepage of the Web Site. A User’s continued use of the Web Site following the posting of any changes constitutes that User’s acceptance of the changes. No revision or update will apply to a dispute of which Administrator had actual notice on the date Administrator posts the amended version.
In the case of any violation of these rules and regulations, Administrator may seek any and all remedies available by law and in equity for such violations. These Terms and Conditions apply to all visits to the Administrator Web Site, both now and in the future.
Administrator hereby authorizes you to copy materials published by Administrator on this Web Site solely for non-commercial use within your organization in support of Administrator services and products. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Administrator or any third party.
ALL CONTENTS ON THIS WEB SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM ADMINISTRATOR. USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS WEB SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
User access to this Web Site is governed by all applicable federal, state and local laws. All information available on the Web Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
These Terms and Conditions shall be construed by the laws of the State of Nebraska, without regard to its choice of law principles or the laws of any other state or country. You agree that the federal and state courts located in Douglas County, Nebraska shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from these Terms and Conditions and you irrevocably submit to the jurisdiction of such courts.
The trademarks, logos and service marks (“Marks”) displayed on this Web Site are the property of Administrator or other third parties. Users are not permitted to use these Marks without the prior written consent of Administrator or such third party which may own the Mark. Platte River Bicycle Goods is a registered trademark of Administrator and/or its affiliates.
Although Administrator has attempted to provide accurate information on the Web Site, Administrator assumes no responsibility for the accuracy of the information. Administrator may change the services, programs or products mentioned at any time without notice. Mention of non-Administrator products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ADMINISTRATOR AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
ADMINISTRATOR AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY ADMINISTRATOR PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF ADMINISTRATOR OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you prefer not to receive cookies, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. You do not need to have cookies turned on to use any area of the Web Site.
Links to Third Party Sites.
This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the User’s own risk and Administrator is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Administrator provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
Access to and use of password protected and/or secure areas of the Web Site are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Web Site, or individuals/users attempting to access areas of the Web Site that they do not have rights of access to, may be subject to prosecution. You agree that you will not use the Web Site (a) in furtherance of or with intent to commit any fraudulent or other illegal activities, or otherwise in violation of any applicable law, regulation, legal agreement or Administrator’s published policies; or (b) in a manner that is abusive of Administrator programs or other information on the Web Site.
Administrator may provide its users with chat rooms, forums, message boards and/or news groups. Please remember that any information disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
You agree that your access and use of the Web Site shall not violate the restrictions set forth in these Terms and Conditions, as it may be amended from time to time. You agree that, if enabled to post or publish content to the Web Site, any content you publish on the Web Site shall not:
a) Be false, inaccurate or misleading;
b) Be fraudulent or involve the sale of counterfeit, stolen or infringing items;
c) Infringe or misappropriate any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
d) Violate any law, statute, ordinance or regulation (including those governing privacy, publicity, export control, consumer protection, intellectual property, gambling, unfair competition, antidiscrimination, criminal activities or false advertising);
e) Be defamatory, libelous, offensive, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;
f) Be obscene or contain adult items, nudity or child pornography;
g) Contain any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
h) Involve the transmission of any unsolicited commercial or bulk email (known as “spamming”) and you shall not use your account as a return address for unsolicited commercial mail originating elsewhere or participate in any activities related to so-called pyramid, ponzi schemes or the like;
i) Involve the collection, sale or transmission of, or attempt to collect personally identifiable information of any person or entity, except with the express written consent of that person or entity and of which consent you shall maintain a written record for a period of three (3) years after any termination of these Terms and Conditions;
j) Be harmful or potentially harmful to Administrator’s server structure as determined under Administrator’s discretion, including without limitation overloading the Administrator’s technical infrastructure;
k) Create liability for Administrator and its subcontractors or expose them to undue risk or otherwise engage in activities that Administrator, in its sole discretion, determines to be harmful to Administrator, its affiliates, operations, reputation, or goodwill; and
l) Link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation, or that violate these Terms and Conditions.
Where you have created an account in the Web Site, you confirm that the account information you have provided is truthful and accurate. You must keep your account password and information confidential and not share it with any other person. If you lose your password or become aware of access to your account other than by you, you agree to notify Administrator immediately. If you become aware of or should reasonably know about use of your password or account by any person other than you, and if you do not notify Administrator immediately of such use, you will be responsible for any and all liability incurred by Administrator or any other user of this Web Site due to unauthorized use. If Administrator believes that your account has been compromised, Administrator may require you to update your password. Further, Administrator may suspend or limit the use of your account, refuse to provide services, and/or place a hold on any transactions. In the event Administrator reasonably believes that your actions affect other users or third parties, Administrator may warn such other users or third parties, including law enforcement. Administrator may also investigate any perceived misuse of your account, refer matters to law enforcement, and/or take other legal action.
You may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. We may terminate an account, deny access to a site or service, or terminate any User who is alleged to have infringed the copyright or proprietary rights of another.
Without limiting the foregoing, if you believe that your copyright or other rights have been infringed, please provide our Designated Agent written notice with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;
A description of the copyrighted work or other work that you claim has been infringed;
A description of where the material that you claim is infringing is located on our sites, networks or other repositories;
Your address, telephone number, and email address;
A written 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.
Our Designated Agent for notice of claims of copyright infringement can be reached as follows:
Platte River Bicycle Goods
4011 Farnam Street
Omaha, NE 68131
If the disputed materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.
Administrator’s Web Site may contain, discuss or display software from the open source community that must be licensed under the specific license terms applicable to such software.
These Terms and Conditions constitute the entire agreement between you and Administrator with respect to this Web Site and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of these Terms and Conditions. If any term, provision, covenant or restriction of these Terms and Conditions is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of these Terms and Conditions shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.