PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THESE TERMS OF USE.
1. DEFINITIONS
A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the site. The terms “you” and “your” refer to you, as a user of the site. The terms “we,” “us,” “our,” or “Fiend BMX” refer to FiendBMX.com, Inc., a Florida corporation, doing business as Fiend BMX, Inc.
“Content” means all of the text, images, photos, audio, video, and all other forms of data or communication that we display on or make available through our site (as defined below). “User Content” means content that you submit or transmit to or through the sites, such as reviews, compliments, invitations, advice, and information that you display. “Fiend BMX Content” means Content that we create and make available on the site. “Third Party Content” means Content that is made available on sites by parties other than Fiend BMX or its users, such as data providers who license data to Fiend BMX for use on the site.
2. BINDING EFFECT. This is a binding agreement. By using the Internet site located at http://www.fiendbmx.com or any service we offer via the site (the “Services”), you agree to abide by these Terms of Use, as they may be amended by Fiend BMX from time to time in its sole discretion. Fiend BMX will post a notice on the site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the site and cease all use of the site or services.
By using site you promise that you are at least 18 years of age. If you are not yet 18 years old (a “Minor”), you must have the permission of an adult to use our site and agree to these Terms, and that adult must be a parent or legal guardian who is willing be responsible for your use of the site. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold Fiend BMX harmless if the Minor breaches any of these Terms.
3. PRIVACY POLICY. Fiend BMX respects your privacy and permits you to control the treatment of your personal information. Our privacy policy is expressly incorporated into this Agreement by this reference.
When you are required to open an account to use or access the site or to purchase goods or products via the site, you must complete the account registration process by providing the complete and accurate information requested on the account information page. You will be asked to provide a password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account or password of someone else at any time. You agree to notify Fiend BMX immediately of any unauthorized use of your account or password. Fiend BMX shall not be liable for any loss that you incur as a result of someone else using your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Fiend BMX, its affiliates, officers, directors, employees, consultants, agents, or representatives due to someone else’s use of your account or password.
4. GENERAL USE. In these Terms of Use we are granting you a limited, personal, non-exclusive and non-transferable license to use and to display the content; your right to use the content is conditioned on your compliance with these Terms of Use. You have no other rights in our site, services or any content and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this website or content in any manner. If you make copies of any of a site or any content then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the site.
When accessing or using the site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Sites is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights.
Unfortunately, if you breach any of these Terms of Use the above license will terminate automatically and you must immediately destroy any downloaded or printed Content (and any copies thereof).
5. INTELLECTUAL PROPERTY OWNERSHIP. All Fiend BMX content included on the site and service, such as text, graphics, logos, button icons, images, audio and/or video media, digital downloads, data compilations, and software, is the property of Fiend BMX and is protected by U.S. and international intellectual property laws. The compilation of all content on this site is the exclusive property of Fiend BMX and protected by U.S. and international copyright laws. All software used on this site is the property of Fiend BMX or its software suppliers and protected by United States and international intellectual property laws. Third Party Content, trademarks, names and logos on oursite are the property of their respective owners.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fiend BMX our licensors or any of our affiliates without express written consent. You may not use any meta-tags or any other “hidden text” utilizing Fiend BMX name or trademarks without the express written consent of Fiend BMX. You may not use any direct linking or source-calling of any media presented on the site.
6. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Fiend BMX has procedures in place to address allegations of copyright and other forms of intellectual property infringement occurring on the site. Fiend BMX’s policy is to investigate any allegations of intellectual property infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Fiend BMX to delete, edit, or disable the material in question, you must provide Fiend BMX with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the subject work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Fiend BMX to locate the material; (d) information reasonably sufficient to permit Fiend BMX to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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 (f) 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. For this notification to be effective, you must provide it to Fiend BMX’s designated agent at:
Copyright Infringement Agent
Fiend BMX, Inc
2281 Hampton Greens Blvd. #203
Melbourne, FL 32935
info@fiendbmxcom
7. PRICING OR TYPOGRAPHICAL ERRORS. Fiend BMX strives to provide accurate service and pricing information, but inadvertent typographical errors, inaccuracies, or omissions in relation to product descriptions, pricing and availability may occur. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted an order). In the event that pricing is mispriced or misrepresented on an item you have already ordered, Fiend BMX may, at our discretion, either contact you for instructions, or cancel your order and notify you of such cancellation. Prices and services are subject to change without notice.
Please note that because the colors you see will depend on your monitor, we cannot guarantee that your monitor will display the exact color of an item displayed.
8. ACCEPTANCE OF ORDERS. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will be charged upon ordering and your order will be shipped within the time stated on the product specific page or mentioned under the “Shipping and Returns” web pages of the site. Your order may be cancelled due to, but is not limited to, limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or credit or fraud problems. We will contact you if any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after we have received payment, we will issue a credit by the charged payment method for the amount of the charge.
9. ORDER QUANTITY LIMITATIONS. We reserve the right to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same payment account and also to orders that use the same billing and/or shipping address, or same e-mail address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. We also reserve the right to prohibit sales to dealers or other corporations or institutions. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us through our “Contact Us” web page on the Sites.
10. THIRD PARTY SITES. Fiend BMX has no control over, and no liability for any third party websites or materials. Fiend BMX works with a number of partners and affiliates whose Internet sites may be linked with the site. Because Fiend BMX does not have control over the content and performance of these partner and affiliate sites, Fiend BMX makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Fiend BMX assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Sites, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Fiend BMX makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content.
11. INDEMNITY. You agree to indemnify Fiend BMX for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Fiend BMX, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Sites, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Fiend BMX will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. If you are a New Jersey resident, this indemnification clause is to be only as broad and inclusive as is permitted by the law of the state of New Jersey.
12. ELECTRONIC COMMUNICATIONS. By using our site, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site and Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
13. GOVERNING LAW. We control and operate the Site from our headquarters in the United States of America and the entirety of the Site may not be appropriate or available for use in other locations. If you use any Site or any part thereof outside the United States of America, you are solely responsible for following applicable local laws. These Terms of Use shall be construed in accordance with and governed by the laws of the United States, the Federal Arbitration Act, and the State of Florida, without reference to their rules regarding conflicts of law. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms of Use or the Sites will be heard in the courts located in in Brevard County, Florida, USA.
14. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
15. FEEDBACK. If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, Services or any products, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Fiend BMX and its affiliates are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
16. NO LICENSE. Notwithstanding Section 4 of this Terms of Use, nothing contained on the Sites should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
17. MODIFICATIONS. Fiend BMX may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site; and (c) discontinue the Site at any time. Fiend BMX shall post any revision to these Terms of Use to the Sites, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Sites following notice of any revision, you shall abide by any such revision.
18. TERMINATION. You may discontinue your use of the Sites or Service at any time. Fiend BMX also reserves the right to terminate your use of the Site or Services for any reason. Upon termination by either party, you must promptly destroy all materials downloaded or otherwise obtained from the Site or through the Service, as well as all copies of such materials, whether or not such copies were made in accordance with this Agreement.