Effective Date: February 14, 2015
These Terms govern Your use of the Service and constitute a binding agreement between You and Vie Bikes, and are deemed accepted by You and Vie Bikes. Your access to or use of the Service indicates Your acceptance to these Terms. If You do not accept these Terms stated here, do not use the Service. Vie Bikes reserves the right to revise these Terms at any time, at its sole discretion, by posting an updated version to the Website, which will be effective as of the date posted as noted above. You should visit this page periodically to review the most current Terms, because they are binding on You. By continuing to access or use the Service after updated terms have been posted, You agree to be bound by the updated Terms.
“Content” means all content contained in the Website, including all text, images, audio content, videos, designs, graphics, information, logos, downloadable content, software, and any other content contained therein and all related patents, copyrights, trademarks, service marks, intellectual property and/or other proprietary information of Vie Bikes.
“We,” “Us,” and “Our” mean and refer to Vie Bikes and its parents, subsidiaries or affiliates.
“Website” means any websites, web pages, and any subpages (including any mobile websites, web pages and subpages) under Vie Bikes’ control, whether partial or otherwise. This includes, but is not limited to, www.viebikes.com and any subpages. This also includes the Content.
“You,” “Your,” and “User” mean and refer You and to all individuals and/or entities who are accessing or using the Website or the Service for any reason.
2. Eligibility and Account
If You are accepting these Terms on behalf of a company or other legal entity, You have the authority to bind that company or legal entity to these Terms. You also certify that You are legally permitted to use and access the Service and take full responsibility for the selection and use of and access to the Service. You are responsible for ensuring that all persons who access the Website through Your internet connection are aware of these Terms and that they comply with them. These Terms are void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
Vie Bikes is intended for use by people who are 18 years of age or older and You should not setup an account unless You are 18 years of age or older. You agree and warrant that You are over the age of 18.
The Service may require You to create an account to participate in such Service. By creating an account, You represent that (i) You are over the age of 18, (ii) You are responsible for maintaining the confidentiality of Your account and password, (iii) You accept responsibility for all activities that occur under Your account or password, (iv) You have not been previously suspended or removed from the Service and (v) You do not have more than one Vie Bikes account. You hereby represent that all registration information You submit is accurate, current and complete and that You are solely responsible for the accuracy of such information.
You agree not to impersonate or misrepresent Your affiliation with any person or entity, including using another person’s username, password or other account information, another person’s name or likeness or provide false details.
Vie Bikes reserves the right to accept or refuse Your application for an account (in Our absolute and sole discretion).
You agree and warrant that You will not use the Service in a manner that is illegal or otherwise inconsistent with these Terms. In addition, You will not use the Service in a manner that Vie Bikes deems, in its sole discretion, objectionable.
You agree that You will access the Service only through the interfaces provided.
You agree not to do any of the following:
- attempt to decipher, decompile, disassemble or reverse engineer or otherwise hack the Website or any software, network or servers used to provide the Service, or to damage Our Website, service or other property in any way;
- attempt to breach any security or authentication measures of the Website or the Service;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Vie Bikes or any other third party to protect the Service;
- use the Service, Your account, or communications with other Users for any commercial purpose or solicitation;
- interfere or attempt to interfere with other Users’ use of the Service;
- impersonate or misrepresent Your affiliation with any person;
- violate the publicity, privacy or data protection rights of others, including by taking pictures of another individual without receiving the individual’s consent;
- violate any applicable law of regulation;
- defame, abuse, stalk, threaten, intimidate, harass or otherwise violate the legal rights of any User or employee, staff or agent of Vie Bikes;
- do anything that could disable, damage, tamper with, impair or otherwise cause interruptions to the proper working of the Service;
- use any robot, spider, scraper or other automated means to access, data-mine, data-crawl, scrap or index the Service in any manner;
- send spam or any other unauthorized advertisements or solicitations through or using the Service;
- attempt to harvest, collect or use addresses, phone numbers or email addresses or other contact information of Users without consent from such Users and Vie Bikes;
- solicit personal information (including social security numbers, credit card numbers and passwords) from Users;
- provide any false personal information in Your account, create more than one account, transfer Your account or create an account for anyone other than Yourself;
- offer any contest, sweepstakes, coupon or other promotion through Vie Bikes;
- do anything that is infringing, fraudulent, malicious or could expose Vie Bikes or Users to harm or liability;
- attempt, encourage or facilitate any of the above.
Vie Bikes will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Vie Bikes may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms. You acknowledge that Vie Bikes has no obligation to monitor Your access to or use of the Service, but has the right to do so for the purpose of operating the Service, to ensure Your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
4. Agreement to Conduct Transactions Electronically; Recording; Copies
You agree that all of Your transactions with or through the Website may, at Our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless You enter into different terms provided by Us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that We are required to provide to You.
In order to make a purchase through the Website, You must be over the age of 18 with a valid credit card accepted by Vie Bikes or other permitted payment methods accepted by Vie Bikes.
Only valid credit cards or other payment method acceptable to Us may be used and all refunds will be credited to the same card or, in Our discretion, another method. By submitting Your order or paying Your invoice, You represent and warrant that You are authorized to use the designated card or method and authorize Us to charge Your order (including taxes, delivery fees, handling and any other amounts described on the Website) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, Your order may be suspended or cancelled automatically.
Regarding “Your Account,” You agree to keep all payment cards or other payment method information current and that We may submit charges for processing even if the card (or other method) has expired or changed by the time We submit it. You must resolve any problem We encounter in order to proceed with Your order.
6. Pricing and Availability
All prices on the Website are shown in U.S. dollars; taxes, transportation and delivery charges are additional. All items are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if You have already placed Your order. All prices are subject to change without notice and You agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
We attempt to be as accurate as possible and eliminate errors on the Website; however, We do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Website, in an order confirmation, in processing an order, delivering a product or service or otherwise, We reserve the right to correct such error and revise Your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel Your order and obtain a refund.
8. Out of Stock Items, Backorders
If the color or size You want is not listed on the product information page, it is not then available for ordering or may be on backorder. Please check back later. Sometimes We will not know in advance that product is unavailable, so when You place items in Your shopping cart You will be asked if You would like to backorder them. If You indicate yes, the item will be delivered to You once it becomes available.
Note that some items may be backordered or unavailable even if the Website indicate that they are in-stock, and adding an item to Your cart does not guarantee the availability of that item. We will not charge Your payment card until the item is delivered to the designated delivery address. If the backordered item is no longer available, We will cancel the item from Your order and notify You, usually via e-mail. If You have items on backorder that You would like to cancel, please contact Us at firstname.lastname@example.org.
9. Consignment Products
Through the features and functionality of the Service, You may make a request for Vie Bikes to offer for sale via the Service certain of your products (each a “Consignment Product”). Vie Bikes has the unilateral right to agree or decline to offer for sale Your Consignment Product at any time. If Vie Bikes agrees to offer for sale the Consignment Product, Vie Bikes has the option to pick up and take possession of the Consignment Product and You agree to pay any fees associated with such pick up. Until the Consignment Product is sold by Vie Bikes, You will retain title and ownership of the Consignment Product. You understand and agree that Vie Bikes will not be liable for any loss or damage to the Consignment Product while such Consignment Product in Vie Bikes’ possession. When the Consignment Product is sold to a User, title and ownership of the Consignment Product will pass from You to the purchasing User. You agree that Vie Bikes has the unilateral right in its sole discretion to list and describe the Consignment Product and to set or reduce the purchase prices of any Consignment Product over time.
You will be notified via email when Your Consignment Product has been listed and has been sold through the Service. When Your Consignment Product has been sold and after Vie Bikes has received payment of the purchase price from the buyer, Vie Bikes will pay you the remaining portion of the purchase price, after subtracting Vie Bikes’ commission and all applicable taxes, delivery costs and ancillary fees. Vie Bikes has the right at any time, for any reason or no reason, to return the Consignment Product to You.
10. Delivery, No Export
When We deliver Your purchase to Your designated delivery location or per Your directions, You agree to pay the delivery charges (if any) shown on the Website when Your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so You agree to check all charges before placing an order or signing up for a service. Any delivery charges may or may not reflect actual costs. Any delivery times shown on the Website are estimates only – actual delivery dates may vary. You agree that You will not obtain or direct shipment of products You purchase for export.
11. Returns and Exchanges
You may return or exchange only Vie Bikes branded products, subject to any contrary terms imposed on Your purchase (e.g., items on sale may say “no return” or the like) and provided that You follow the instructions on the Website. More information on Our Return Policy is available at www.viebikes.com/return-and-exchange-policy.
You may not return or exchange Consignment Products or non-Vie Bikes branded products. ALL CONSIGNMENT PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND EACH PURCHASE OF A CONSIGNMENT PRODUCT IS A “FINAL SALE.”
Returns may make You ineligible for promotions and We reserve the right to require identification, proof of purchase, or additional verifiable information to help Us locate the purchase in Our records. If a payment mechanism other than a credit or debit card was used to pay the original price, or if the purchase was part of a special offer that is not in effect when the return is made, We may give You a merchandise credit. After We have received Your valid return, We will provide one of the following within a reasonable time: an exchange of merchandise for the item returned, a non-transferable merchandise credit, a non-transferable gift certificate or gift card, a credit to the payment card used to pay for the product, a check, or another remedy that We determine in good faith is appropriate in the circumstances. If You do not comply with any of the above conditions, We reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing Our response on the current sales price.
If You believe a product sold by Us has a condition or defect that might make it unsafe, please report this safety concern immediately by emailing us at email@example.com or calling 415.841.2746.
12. Limited Warranty for Vie Bikes’ Branded Products
Vie Bikes warrants that Vie Bikes branded products will be free from defects in materials and in Vie Bikes workmanship at the time of sale. This warranty does not cover damage or malfunctions caused by normal wear and tear, accident, abuse, neglect, improper storage or handling, misuse, vandalism, acts of God, or other causes external to the product.
Vie Bikes makes no other express warranties and this warranty supersedes any prior representations and understandings regarding the products, including any warranty arising from course of dealing, course of performance, or usage of trade.
Manufacturers of non-Vie Bikes branded products may provide other warranties, and You agree that Your remedy for any defects in such products will be based solely on the warranty(s), if any, provided by those manufacturers. Products eligible for warranty return may be returned or service fees refunded in accordance with Vie Bikes’ returns and exchanges policy www.viebikes.com/return-and-exchange-policy.
This warranty gives You specific legal rights, and You may have other rights, which vary from State to State.
Your sole and exclusive remedy, and Vie Bikes’ sole and exclusive liability, for any breach of warranty shall be Your right to return the product or receive a refund for the service under the Vie Bikes returns and exchanges policy.
VIE BIKES MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING CONSIGNMENT PRODUCTS.
13. Transportation Services
A. Description of Transportation Services
If You agree to pay for or are eligible to receive the Transportation Services, You may request and use the Transportation Services in San Francisco, California (the “Service Area”) by calling the designated phone number provided to You by Us or using our website between the hours of 6 am and 10 pm. The Transportation Services include, without limitation in Our discretion, the transportation: (i) in a non-emergency, roadside situation in the Service Area, of You and Your bicycle, or (ii) for routine scheduled maintenance or repairs, Your bicycle, either to our maintenance facility or to the Service Provider (defined below). After Vie Bikes or the Service Partners (defined in Section 13(c)) have performed the services You requested from the Service Partners, We will then transport Your bicycle to Your location within the Service Area that You provide to Us (collectively the “Transportation Services”).
Currently, the Transportation Services are limited to only San Francisco, CA and We will inform You via the Website if we expand the Service Area to any other area. We will provide Transportation Services on any public street in the Service Area, provided they are trafficable to normal two wheel drive vehicles. This may exclude areas such as open fields, beaches, parks and other areas and roads that do not allow oncoming traffic to safely pass. In Our discretion, We reserve the rights to deny Transportation Services at any time for any reason, including without limitation, due to hazards or lack of environmental or bicycle safety. We will provide Transportation Services as soon as practicable but response time is not guaranteed and will vary, depending on the location of Your bicycle and the demand for Transportation Services.
After Our return of Your bicycle to Your location, We will send You via email two (2) invoices. The first invoice will be for the total fees Service Partners have assessed to You for the services Service Partners provided to Your bicycle. The second invoice will be for the total fees accrued for the Transportation Services that We provided. You agree that You are responsible for paying each invoice. After Our return of Your bicycle to Your designated location, You authorize Us to charge Your credit card or Your payment details for processing the applicable invoice(s).
B. Requesting and Receiving Transportation Services
You may call the phone number provided to You by Us or use the Vie Bikes website to request or schedule Transportation Services (each request a “Callout”). In Vie Bikes sole discretion, Vie Bikes will send out a Transportation Services provider to the location provided to Us by You. After You have called the designated phone number or used the Vie Bikes website and a Transportation Services provider has been dispatched to the location You provided to Us, You agree to stay in a safe place until the Transportation Services provider arrives. You are responsible for paying the Transportation Service fees each time You request Transportation Services and a Transportation Services provider is dispatched, whether or not You and/or Your Bicycle are at the location You provided.
C. Service Partners
Vie Bikes may partner with Service Partners to provide services including without limitation, repairs and routine maintenance for bicycles (“Service Partners”). We are not a party to any agreement or procurement of services You may enter into with Service Partners. We are not responsible for instructing or providing the instructions to Service Partners regarding the repairs, maintenance or services necessary for Your bicycle. You must inform Service Partners of any and all repairs, maintenance and or services You require or desire in regards to Your Bike. We are not responsible for, nor make any representations or warranties regarding, the performance or lack thereof of the Service Partners and have no control over the integrity, quality, timing, legality, failure to provide or any other aspect whatsoever of the Service Partners.
The Transportation Services are only for transporting Your bicycle to Service Partners. Because We are not involved in the actual repair, maintenance or other services regarding Your bicycle, in the event that You have a dispute with Service Partners, You release Vie Bikes (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Vie Bikes expressly disclaims any liability that may arise between You and Service Partners.
IF YOU ARE IN NEED OF MEDICAL ATTENTION, PLEASE CALL 911, DO NOT CALL VIE BIKES.
Vie Bikes will not be liable for any failure or delay in providing the Transportation Services, either in whole or in part, whether failure or delay arises directly or indirectly out of causes beyond the reasonable control of Vie Bikes, including without limitation weather conditions, unavailability of materials, qualified personnel, fuel or the like, failures in telecommunications, satellite and global positioning systems (including loss of coverage in any or all of the Transportation Services areas) and otherwise where the Transportation Services are not reasonably available. Vie Bikes may refuse to provide Transportation Services where Vie Bikes, in its sole discretion, deems emergency services are required or the bicycle or environment is not safe.
14. Digital Millennium Copyright Act
If You are a copyright owner or a direct agent thereof and believe that any User submission or other Content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Our Copyright Agent at the following address with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Vie Bikes, Inc.
Attn: Copyright Agent
917 Bryant Street
San Francisco, CA 94103
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the material claimed to have been infringed, and enough pertinent information about the location of the material to enable Us to locate it within the site;
- Your contact information such as an address, telephone number, and, if available, an electronic mail;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
15. User Content
The Service allows Users to upload, create, transmit and/or store content, including but not limited to photos, videos, text, graphics or other materials (collectively, the “Message Content“). In addition, Vie Bikes may allow You to submit information to Vie Bikes, whether through forms or other manners, in connection with obtaining services and/or customer support from Vie Bikes (such information being collectively referred to with the Message Content as the “User Content”). You agree that You are solely responsible for Your User Content and that Vie Bikes is not responsible or liable for any User Content. While We are not obligated to do so, We reserve the right, and have absolute discretion, to review, screen and delete User Content at any time and for any reason. Vie Bikes takes no responsibility and assumes no liability for any User Content.
You retain all ownership rights in Your User Content. However, by submitting User Content through the Service, You hereby grant Us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable and fully sublicensable and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media, in connection with the Service, including promotion of the Service, without payment or compensation to You of any kind. We may modify or adapt Your User Content in order to transmit or distribute it over computer networks and in various media and/or make changes to Your User Content as are necessary to conform and adapt that User Content to any requirements or limitations of any networks, devices, services or media.
You represent and warrant that You own or otherwise have all of the rights to the User Content necessary for You to post the User Content; that use of the User Content You supply does not violate the Terms or applicable laws, rules or regulations and will not cause injury to any person or entity; and that You will indemnify Vie Bikes for all claims resulting from User Content provided by You.
You will not provide any User Content that is illegal, libelous, offensive, harmful, obscene, pornographic, threatening, defamatory or invasive of privacy, including User Content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals. You will not provide User Content that exploits people in an abusive, violent or sexual manner or that promotes illegal activities or provides instructions on how to conduct illegal activities. You also may not provide User Content, including photos and videos, that violates the intellectual property rights (or rights of privacy or publicity) of any third party. In addition, You may not include anything in Your User Content that consists of or contains software viruses, political campaigning, objectionable materials, commercial solicitation, chain letters, mass mailings or any form of “spam”. Vie Bikes reserves the right (but not the obligation) to remove or edit such User Content, at its sole discretion.
You agree that any feedback, suggestions, ideas or other information or materials regarding Vie Bikes or the Service that You provide, whether by email or otherwise (“Feedback“), are non-confidential and shall become the sole property of Vie Bikes. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to You. You waive any rights You may have to the Feedback (including any copyrights or moral rights).
17. Intellectual Property
The Service is protected under patent, copyright, trademark, and/or other laws. Subject to Your compliance with the Terms, Vie Bikes and/or its licensors provide You with a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service. The Service remains the property of Vie Bikes or its licensors and We do not transfer title to any portion of the Service to You. The compilation, collection, arrangement, or assembly of all Content is the exclusive property of Vie Bikes and protected as well. Any code or software code that Vie Bikes creates, generates or displays in the Service is also protected and You may not copy or adapt such code.
Unauthorized use of the Service may violate applicable laws and is strictly prohibited. You may not copy the Service or any part thereof without Vie Bikes’ prior written authorization.
18. Limited Warranty for the Service
TO THE FULLEST EXTENT POSSIBLE BY LAW, VIE BIKES MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL OPERATE ERROR-FREE, BE AVAILABLE, OR THAT THE SERVICE AND VIE BIKES’S SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, VIE BIKES IS NOT RESPONSIBLE FOR THOSE COSTS. THE SERVICE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND AND VIE BIKES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VIE BIKES MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT IN THE SERVICE.
19. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK OF USING THE SERVICE REMAINS WITH YOU AND IN NO EVENT SHALL VIE BIKES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION, OR FOR ANY DAMAGES TO PROPERTY OF ANY KIND OR FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS) ARISING OUT OF OR RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION THE TRANSPORTATION SERVICES, OR THE PRODUCTS (INCLUDING WITHOUT LIMITATION CONSIGNMENT PRODUCTS) YOU PURHCASE, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VIE BIKES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
IF, NOTWITHSTANDING THESE TERMS, VIE BIKES IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE OR ANY CONTENT, YOUR USE OF THE TRANSPORTATION SERVICES OR ANY PRODUCT (INCLUDING WITHOUT LIMITATION CONSIGNMENT PRODUCTS) YOU PURCHASE DIRECTLY FROM VIE BIKES, VIE BIKES’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO US IN THE SIX MONTHS PRIOR TO EVENT GIVING RISE TO YOUR CLAIM, OR (B) USD $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Vie Bikes, its parent, subsidiaries, affiliates, and their respective officers, directors, successors, subsidiaries, contractors, technology providers, advertisers, employees and agents, from and against any claims, actions, losses, costs, liability or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) Your use of the Service, including without limitation the Transportation Services, or Your use of the Products You purchase from Vie Bikes, (ii) Your breach of these Terms, including Your representations and warranties herein (iii) Your Consignment Products, or (iv) Your violation of any applicable laws.
Vie Bikes reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us and You agree to cooperate with Our defense of these claims. You agree not to settle any matter without the prior written consent of Vie Bikes. Vie Bikes will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
21. Term and Termination
These Terms will remain in full force and effect while You are a User of the Service. Vie Bikes reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to suspending, disabling or terminating Your account and/or Your access to and ability to use the Service and/or any other services provided to You by Vie Bikes, at any time for any or no reason and without any notice.
You may terminate these Terms at any time by ceasing all use of the Service. All sections which by their nature should survive the expiration or termination of these Terms shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms.
B. Commercial Use.
Any and all commercial use of the Service is expressly prohibited without the written consent of Vie Bikes. This includes but is not limited to collecting names, information, contacting Users, lead generation, and all other commercial activities.
C. Third-Party Links.
The Service may contain links to third-party websites. These links are provided solely as a convenience and not as an endorsement by Vie Bikes of the contents on such third-party websites. Vie Bikes is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If You decide to access linked third-party websites, You do so at Your own risk.
D. Access Outside the United States.
Vie Bikes makes no claims that the Service may be lawfully viewed, downloaded, or accessed outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If You access the Service You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. When You access the Service You acknowledge and agree that information You provide may be transferred to a jurisdiction other than Your country of residence.
E. Governing Law.
These Terms are governed by the internal substantive laws of the State of California. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within San Francisco, California. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Vie Bikes’ failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Vie Bikes’ ability to enforce such term at any point in the future.
F. Dispute Resolution:
INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to these Terms (“Dispute”), You and Vie Bikes agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is Your billing address, with an email copy to the email address You have provided to Vie Bikes. Vie Bikes’ address for such notices is Vie Bikes, Inc., 917 Bryant Street, San Francisco, CA 94103 Attention: Legal.
BINDING ARBITRATION. If You and Vie Bikes are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Service (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and Your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If Your claim for damages does not exceed $10,000, Vie Bikes will pay all such fees unless the arbitrator finds that either the substance of Your claim or the relief sought in Your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in these Terms, You and Vie Bikes may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION. Each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in San Francisco County, California with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and Vie Bikes agree that any arbitration will be limited to the Dispute between Vie Bikes and You individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND VIE BIKES ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both You and Vie Bikes otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section will be deemed null and void.
LOCATION OF ARBITRATION. Arbitration will take place in San Francisco County, California. You and Vie Bikes agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the California state and Federal courts located in San Francisco, California have exclusive jurisdiction and You and Company agree to submit to the personal jurisdiction of such courts.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Vie Bikes’ failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Vie Bikes’ ability to enforce such term at any point in the future.
You may not assign or transfer these Terms, by operation of law or otherwise, without Vie Bikes’ prior written consent. Any attempt by You to assign or transfer these Terms without such consent will be null and of no effect. Vie Bikes may assign or transfer these Terms, in its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Headings provided in these Terms are included for reference purposes only and are not to be given any substantive effect.
K. Contact Information.
If there are any questions regarding Vie Bikes or this Policy, please contact Vie Bikes at: firstname.lastname@example.org
© Vie Bikes, Inc. 2014.