TERMS & CONDITIONS

Welcome to BicycleApparel.com.

Your use of the BicycleApparel.com web site shall be your agreement to abide by each of the terms set forth below.

RESTRICTIONS ON GENERAL USE

This site is owned and operated by BicycleApparel.com or third parties granting rights to BicycleApparel.com

BicycleApparel.com holds all right, title, and interest in, and to, the materials on BicycleApparel.com. BicycleApparel.com grants you a limited, personal, non-exclusive and non-transferable license to use and display the content of BicycleApparel.com on your personal computer only.

The material on BicycleApparel.com is protected by international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way, any material from BicycleApparel.com, including code and software, without the expressed written consent of BicycleApparel.com You may download material from BicycleApparel.com for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

This limited license terminates automatically, without notice to you, if you breach any of these Terms.

Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to BicycleApparel.com or any materials and you agree not to "frame" or "mirror" the Site, any material contained on or accessible from this Site on any other server or Internet-based device without the advanced written authorization of Urbanek, Inc.

LINKS TO THIRD PARTY SITES

In your use of BicycleApparel.com, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of BicycleApparel.com. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that Urbanek, Inc. has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

BicycleApparel.com may be linked to other sites on the World Wide Web that are not under the control of or maintained by Urbanek, Inc. Such links do not constitute an endorsement by BicycleApparel.com of any such sites. You acknowledge that BicycleApparel.com is providing these links to you only as a convenience, and you agree that BicycleApparel.com is not responsible for the availability of, content or links displayed on such sites to which you may be linked. You should refer to the privacy and terms of use policies posted by other web sites before you use them.

DISCLAIMER OF WARRANTIES

Use of BicycleApparel.com is at your own risk. BicycleApparel.com may include inaccuracies or errors that may affect the quality of the materials on the BicycleApparel.com. The materials have not been independently verified or authenticated in whole or in part by BicycleApparel.com. BicycleApparel.com does not warrant the accuracy or timeliness of the materials. BicycleApparel.com has no liability for any errors or omissions in the materials provided.

BICYCLEAPPAREL.COM IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, WITHOUT ANY WARRANTY. BICYCLEAPPAREL.COM, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO BICYCLEAPPAREL.COM, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH BICYCLEAPPAREL.COM INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON BICYCLEAPPAREL.COM. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. URBANEK, INC. WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH BICYCLEAPPAREL.COM, INCLUDING BUT NOT LIMITED TO, YOUR USE OF BICYCLEAPPAREL.COM OR YOUR INABILITY TO USE BICYCLEAPPAREL.COM, EVEN IF BICYCLEAPPAREL.COM. HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ANY CONTENT, MATERIALS, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BICYCLEAPPAREL.COM IS DONE AT YOUR OWN DISCRETION AND RISK. BICYCLEAPPAREL.COM. SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION.

BicycleApparel.com does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that BicycleApparel.com, including bulletin boards, or the server that makes it available, are free of viruses or other harmful components. BicycleApparel.com does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise. You (and not BicycleApparel.com) assume the entire cost of all necessary maintenance, repair, or correction.

INACCURACIES OR ERRORS

The descriptions, pictures and other representations of products on this site may contain inaccuracies and errors. BicycleApparel.com does not make any warranty or representation with respect to the accuracy or completeness of any such information.

Furthermore, the prices and availability of products on BicycleApparel.com may change without notice to you at any time at the sole discretion of BicycleApparel.com.

BicycleApparel.com shall have the right to refuse or cancel any orders placed for product listed at incorrect price. BicycleApparel.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 already been charged for the purchase and your order is canceled, BicycleApparel.com shall promptly issue a credit to your credit card account in the amount of the charge.

LIMITATION OF LIABILITY

IN NO EVENT SHALL BICYCLEAPPAREL.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, BICYCLEAPPAREL.COM.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY

You agree to defend, indemnify and hold harmless URBANEK, INC., its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of BicycleApparel.com.

LISCENSE TO BicycleApparel.com

By posting messages, uploading files, inputting data, or engaging in any other form of communication through BicycleApparel.com, you are granting BicycleApparel.com a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.

2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction.

LIMITED ACCESS

Access to some areas and information on BicycleApparel.com is limited to individuals active in the manufacture, sale or distribution of bicycle clothing. Your role, and that of your company, in the industry, influences your access. These restrictions are necessary so that visitors to BicycleApparel.com obtain information appropriate for their needs, and so that parties who submit information to BicycleApparel.com maintain confidence that their information and products will be used in an appropriate manner.

Access to the various areas and information on BicycleApparel.com is based on the information you provide in the sign on screen. By submitting the information on the sign on screen, and by each access to BicycleApparel.com, you authorize BicycleApparel.com to verify the information submitted. If you falsify the information provided on the sign on screen, if you fail to update the information as your status changes or if you fail to comply with these TERMS OF USE, your access to the Site will be terminated and you may be subject to civil and criminal penalties.

PASSWORD RESTRICTED AREAS

Certain areas of BicycleApparel.com are password restricted to authorized users. If you are an authorized user of these areas, you agree that you are responsible for maintaining the confidentiality of your password and account, and agree to notify BicycleApparel.com if the password is lost, stolen, disclosed to an unauthorized third party, or may have been compromised. You are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Urbanek, Inc. of any unauthorized use of your account or any other breach of security known to you in relation to BicycleApparel.com.

CHILDREN

LOCAL LAWS

BicycleApparel.com controls and operates BicycleApparel.com from its headquarters in San Clemente, CA. in the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on BicycleApparele.com are solely directed to individuals, companies or other entities located in the United States. If you use BicycleApparel.com from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.

The materials on BicycleApparel.com are subject to the United States Export Administration Laws and Regulations. Diversion of such materials contrary to United States law is prohibited. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

TRADEMARKS

The BicycleApparel.com logos and service names are trademarks of BicycleApparel.com These trademarks may not be used in connection with any product or service that is not authorized, in writing, by BicycleApparel.com Other names appearing on BicycleApparel.com may be trademarks of their respective owners.

REVISIONS OF TERMS OF USE

BicycleApparel.com may revise these Terms at any time without notice by updating this posting. Your continued use of the BicycleApparel.com after such modifications have been made will constitute your acceptance of such revised Terms.

APPLICABLE LAW

Any action related to these Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in fullforce and effect.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by BicycleApparel.com.

Feel free to contact us any time and we'll answer any additional questions you may have. Send us an e-mail

BicycleApparel.com © 2006. All Rights Reserved.