Shop and Site Terms And Conditions

This website is operated by Western Bike EventsLimited. Throughout the site, the terms “we”, “us” and “our” refer to WesternBike Events Limited. Western Bike Events Limited offers this website,including all information, tools and services available from this site to you,the user, conditioned upon your acceptance of all terms, conditions, policiesand notices stated here. By visiting our site and/ or purchasing something fromus, you engage in our “Service” and agree to be bound by the following termsand conditions (“Terms of Service”, “Terms”), including those additional termsand conditions and policies referenced herein and/or available by hyperlink.These Terms of Service apply to all users of the site, including withoutlimitation users who are browsers, vendors, customers, merchants, and/ orcontributors of content. Please read these Terms of Service carefully beforeaccessing or using our website. By accessing or using any part of the site, youagree to be bound by these Terms of Service. If you do not agree to all theterms and conditions of this agreement, then you may not access the website oruse any services. If these Terms of Service are considered an offer, acceptanceis expressly limited to these Terms of Service. Any new features or tools whichare added to the current store shall also be subject to the Terms of Service.You can review the most current version of the Terms of Service at any time onthis page. We reserve the right to update, change or replace any part of theseTerms of Service by posting updates and/or changes to our website. It is yourresponsibility to check this page periodically for changes. Your continued useof or access to the website following the posting of any changes constitutesacceptance of those changes.


SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, yourepresent that you are at least the age of majority in your state or provinceof residence, or that you are the age of majority in your state or province ofresidence and you have given us your consent to allow any of your minordependents to use this site. You may not use our products for any illegal orunauthorized purpose nor may you, in the use of the Service, violate any lawsin your jurisdiction (including but not limited to copyright laws). You mustnot transmit any worms or viruses or any code of a destructive nature. A breachor violation of any of the Terms will result in an immediate termination of yourServices.


SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyonefor any reason at any time. You understand that your content (not includingcredit card information), may be transferred unencrypted and involve (a)transmissions over various networks; and (b) changes to conform and adapt totechnical requirements of connecting networks or devices. Credit cardinformation is always encrypted during transfer over networks. You agree not toreproduce, duplicate, copy, sell, resell or exploit any portion of the Service,use of the Service, or access to the Service or any contact on the websitethrough which the service is provided, without express written permission byus. The headings used in this agreement are included for convenience only andwill not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESSOF INFORMATION

We are not responsible if information madeavailable on this site is not accurate, complete or current. The material onthis site is provided for general information only and should not be reliedupon or used as the sole basis for making decisions without consulting primary,more accurate, more complete or more timely sources of information. Anyreliance on the material on this site is at your own risk. This site maycontain certain historical information. Historical information, necessarily, isnot current and is provided for your reference only. We reserve the right tomodify the contents of this site at any time, but we have no obligation toupdate any information on our site. You agree that it is your responsibility tomonitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to changewithout notice. We reserve the right at any time to modify or discontinue theService (or any part or content thereof) without notice at any time. We shallnot be liable to you or to any third-party for any modification, price change,suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be availableexclusively online through the website. These products or services may havelimited quantities and are subject to return or exchange only according to ourReturn Policy. We have made every effort to display as accurately as possiblethe colours and images of our products that appear at the store. We cannotguarantee that your computer monitor's display of any colour will be accurate.We reserve the right, but are not obligated, to limit the sales of our productsor Services to any person, geographic region or jurisdiction. We may exercisethis right on a case-by-case basis. We reserve the right to limit thequantities of any products or services that we offer. All descriptions ofproducts or product pricing are subject to change at any time without notice,at the sole discretion of us. We reserve the right to discontinue any productat any time. Any offer for any product or service made on this site is voidwhere prohibited. We do not warrant that the quality of any products, services,information, or other material purchased or obtained by you will meet yourexpectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNTINFORMATION

We reserve the right to refuse any order you placewith us. We may, in our sole discretion, limit or cancel quantities purchasedper person, per household or per order. These restrictions may include ordersplaced by or under the same customer account, the same credit card, and/ororders that use the same billing and/or shipping address. In the event that wemake a change to or cancel an order, we may attempt to notify you by contactingthe e-mail and/or billing address/phone number provided at the time the orderwas made. We reserve the right to limit or prohibit orders that, in our solejudgment, appear to be placed by dealers, resellers or distributors. You agreeto provide current, complete and accurate purchase and account information forall purchases made at our store. You agree to promptly update your account andother information, including your email address and credit card numbers andexpiration dates, so that we can complete your transactions and contact you asneeded. For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party toolsover which we neither monitor nor have any control nor input. You acknowledgeand agree that we provide access to such tools ”as is” and “as available”without any warranties, representations or conditions of any kind and withoutany endorsement. We shall have no liability whatsoever arising from or relatingto your use of optional third-party tools. Any use by you of optional toolsoffered through the site is entirely at your own risk and discretion and youshould ensure that you are familiar with and approve of the terms on whichtools are provided by the relevant third-party provider(s). We may also, in thefuture, offer new services and/or features through the website (including, therelease of new tools and resources). Such new features and/or services shallalso be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services availablevia our Service may include materials from third parties. Third-party links onthis site may direct you to third-party websites that are not affiliated withus. We are not responsible for examining or evaluating the content or accuracyand we do not warrant and will not have any liability or responsibility for anythird-party materials or websites, or for any other materials, products, orservices of third-parties. We are not liable for any harm or damages related tothe purchase or use of goods, services, resources, content, or any othertransactions made in connection with any third-party websites. Please reviewcarefully the third-party's policies and practices and make sure you understandthem before you engage in any transaction. Complaints, claims, concerns, or questionsregarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHERSUBMISSIONS

If, at our request, you send certain specificsubmissions (for example contest entries) or without a request from us you sendcreative ideas, suggestions, proposals, plans, or other materials, whetheronline, by email, by postal mail, or otherwise (collectively, 'comments'), youagree that we may, at any time, without restriction, edit, copy, publish,distribute, translate and otherwise use in any medium any comments that youforward to us. We are and shall be under no obligation (1) to maintain anycomments in confidence; (2) to pay compensation for any comments; or (3) torespond to any comments. We may, but have no obligation to, monitor, edit orremove content that we determine in our sole discretion are unlawful,offensive, threatening, libellous, defamatory, pornographic, obscene orotherwise objectionable or violates any party’s intellectual property or theseTerms of Service. You agree that your comments will not violate any right ofany third-party, including copyright, trademark, privacy, personality or otherpersonal or proprietary right. You further agree that your comments will notcontain libellous or otherwise unlawful, abusive or obscene material, orcontain any computer virus or other malware that could in any way affect theoperation of the Service or any related website. You may not use a false e-mailaddress, pretend to be someone other than yourself, or otherwise mislead us orthird-parties as to the origin of any comments. You are solely responsible forany comments you make and their accuracy. We take no responsibility and assumeno liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through thestore is governed by our Privacy Policy. To view our Privacy Policy, clickhere.


SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our siteor in the Service that contains typographical errors, inaccuracies or omissionsthat may relate to product descriptions, pricing, promotions, offers, productshipping charges, transit times and availability. We reserve the right tocorrect any errors, inaccuracies or omissions, and to change or updateinformation or cancel orders if any information in the Service or on anyrelated website is inaccurate at any time without prior notice (including afteryou have submitted your order). We undertake no obligation to update, amend orclarify information in the Service or on any related website, including withoutlimitation, pricing information, except as required by law. No specified updateor refresh date applied in the Service or on any related website, should be takento indicate that all information in the Service or on any related website hasbeen modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth inthe Terms of Service, you are prohibited from using the site or its content:(a) for any unlawful purpose; (b) to solicit others to perform or participatein any unlawful acts; (c) to violate any international, federal, provincial orstate regulations, rules, laws, or local ordinances; (d) to infringe upon orviolate our intellectual property rights or the intellectual property rights ofothers; (e) to harass, abuse, insult, harm, defame, slander, disparage,intimidate, or discriminate based on gender, sexual orientation, religion,ethnicity, race, age, national origin, or disability; (f) to submit false ormisleading information; (g) to upload or transmit viruses or any other type ofmalicious code that will or may be used in any way that will affect thefunctionality or operation of the Service or of any related website, otherwebsites, or the Internet; (h) to collect or track the personal information ofothers; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) forany obscene or immoral purpose; or (k) to interfere with or circumvent thesecurity features of the Service or any related website, other websites, or theInternet. We reserve the right to terminate your use of the Service or anyrelated website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATIONOF LIABILITY

We do not guarantee, represent or warrant that youruse of our service will be uninterrupted, timely, secure or error-free. We donot warrant that the results that may be obtained from the use of the servicewill be accurate or reliable. You agree that from time to time we may removethe service for indefinite periods of time or cancel the service at any time,without notice to you. You expressly agree that your use of, or inability touse, the service is at your sole risk. The service and all products andservices delivered to you through the service are (except as expressly statedby us) provided 'as is' and 'as available' for your use, without anyrepresentation, warranties or conditions of any kind, either express orimplied, including all implied warranties or conditions of merchantability,merchantable quality, fitness for a particular purpose, durability, title, andnon-infringement. In no case shall PuffinSports.com, our directors, officers,employees, affiliates, agents, contractors, interns, suppliers, serviceproviders or licensors be liable for any injury, loss, claim, or any direct,indirect, incidental, punitive, special, or consequential damages of any kind,including, without limitation lost profits, lost revenue, lost savings, loss ofdata, replacement costs, or any similar damages, whether based in contract,tort (including negligence), strict liability or otherwise, arising from youruse of any of the service or any products procured using the service, or forany other claim related in any way to your use of the service or any product,including, but not limited to, any errors or omissions in any content, or anyloss or damage of any kind incurred as a result of the use of the service orany content (or product) posted, transmitted, or otherwise made available viathe service, even if advised of their possibility. Because some states orjurisdictions do not allow the exclusion or the limitation of liability forconsequential or incidental damages, in such states or jurisdictions, our liabilityshall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmlessPuffinSports.com and our parent, subsidiaries, affiliates, partners, officers,directors, agents, contractors, licensors, service providers, subcontractors,suppliers, interns and employees, harmless from any claim or demand, includingreasonable attorneys’ fees, made by any third-party due to or arising out ofyour breach of these Terms of Service or the documents they incorporate byreference, or your violation of any law or the rights of a third-party

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms ofService is determined to be unlawful, void or unenforceable, such provisionshall nonetheless be enforceable to the fullest extent permitted by applicablelaw, and the unenforceable portion shall be deemed to be severed from theseTerms of Service, such determination shall not affect the validity andenforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of theTerms of Service at any time at this page. We reserve the right, at our solediscretion, to update, change or replace any part of these Terms of Service byposting updates and changes to our website. It is your responsibility to checkour website periodically for changes. Your continued use of or access to ourwebsite or the Service following the posting of any changes to these Terms ofService constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]

 

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