1. GENERAL INFORMATION
As described below, the Offerings may incorporate certain features that allow the deployment of software and other updates in the future. To the extent such Updates are added or enabled for products, including automatic software updates, they will automatically become part of the offerings and subject to the Terms. We may periodically modify the Terms.
If we make significant changes to the Terms, we will notify you through the offers (for example, by notification through our mobile applications or email), indicating that the Terms have been modified. By continuing to use the offers, you agree to the new Terms. If you disagree with the modifications, you should stop using the Offers.
PLEASE NOTE THAT THE TERMS CONTAIN A MANDATORY DISPUTE ARBITRATION PROVISION REQUIRING THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, INSTEAD OF JURY TRIALS OR CLAIMS.
2. ELIGIBILITY RULES AND ACCOUNTS
The Products and Offers are intended exclusively for users who own a BBIKE product or who are authorized users of a BBIKE Product and not expect to resale. Registration, use of the products or access to the offers by anyone who is not allowed, is strictly prohibited and violates the Terms of BBike. If you use the Products and Offers, you represent to us that you have legal permission to use the product.
To use the Products and certain parts of the Offers, you may need to register and use a BBIKE account (“Account”) or to be an authorized user (see below) of the Account. If you are under 18, you must have your parent or guardian create an account for you. By creating an account, you represent and warrant that you are 18 years old or older and legally competent to enter and accept the Terms. If you are creating an Account for your child or custodian (“Minor”), you declare and guarantee that such Minor is legally authorized to operate the Product; You and such Minor understand these Terms and agree to ensure compliance. You agree that you are responsible for any violation of the Terms by such Minor.
To create an account, you will register your email address and phone number and confirm it by entering the code you receive. You must provide us with accurate, complete, and up-to-date registration information about yourself and the Minor for creating an Account (if applicable). You may not use an email address or phone number that you do not have the right to use, or the identity of another person with the intent to impersonate that person. The person who creates the BBIKE account is the "Owner." If an Owner discloses their login credentials to another person or allows another person to access the account, the owner authorizes that person to use the product and offers it under that owner's account. Said person is an "Authorized User." You (as Account Owner) (i) will inform each Authorized User of the Terms, and (ii) declare and guarantee that each Authorized User understands the Terms and accept. Guarantee that each of said Authorized Users complies with the Terms. You (as the account owner) are responsible for all actions taken by minors and authorized users; and any other third party related to your account, including violations of the terms by said children, authorized users, and third parties.
Accordingly, it would be best if you protected your Account's security and only share these credentials with people you trust to have such access.
3. PRODUCTS AND PRODUCT SOFTWARE
a. Security. To ensure proper performance of your Product and to avoid injury or damage, please ensure that your Product is used correctly following the information and warnings in the Maximum Allowable Weight Guide for each bicycle. b. Product software license. Subject to and under the Terms, BBIKE grants you a non-exclusive, limited and non-transferable license (without sub-license right), for your personal and non-commercial use (unless otherwise agreed in a separate contract between you and BBIKE) to (a) install and use a copy of the Product Software and any Updates to it, only in the form of executable object code, only on the Product that you own or control, or are authorized to use and control, solely to use the Products, and (b) running a copy of each of the Mobile Applications and any updates to them, by the device used by you to operate the Product in the form of executable object code only, only in the method that you own or control, or are authorized to use and control to operate the Product.
c. Wireless / Wifi services. Products that use wireless services can generate additional costs. Such costs follow the terms of a separate agreement between you and your selected wireless service provider.
d. Resale. Product purchases are intended for end-users only and are not authorized for resale.
e. Limited warranty. The Statement of Limited Warranty for BBIKE products is available in the warranties section.
4. MOBILE APPS
If you install and access a mobile application that was downloaded from an application store or application distribution platforms, such as the Apple App Store® or Google Play ™ (the “Application Provider”), you acknowledge and agree:
1. The Terms are concluded between you and BBIKE only, and not with the Application Provider, and that we, not the Application Provider, are responsible for the Mobile Applications;
2. Mobile applications are licensed to you in a limited, non-exclusive and non-transferable manner, and without the right to sub-license, only to be used in connection with the Offers for your personal, non-commercial use, unless otherwise agreed in a separate agreement between you and BBIKE;
3. You will only use mobile applications in connection with a device that you own or control;
4. You acknowledge and agree that the Application Provider has no obligation to provide maintenance and support services for the Applications;
5. If the mobile applications do not comply with any applicable warranty, including those implied by law, you can notify the application provider of such failure; upon notification, the app provider's only warranty obligation to refund the purchase price, if any, of the mobile app;
6. You acknowledge and agree that BBIKE, and not the application provider, is responsible for addressing any claims that you or a third party may have regarding mobile applications, including, but not limited to: (i) product liability claims; (ii) any claim that the mobile apps do not comply with the applicable legal or regulatory requirements; and (iii) claims derived from consumer protection or similar legislation;
7. You acknowledge and agree that a third party claim the Mobile Applications or your possession and use of the Mobile Applications violate that third party's intellectual property rights, BBIKE, and not the Application Provider, will be liable of investigation, defense, liquidation, and discharge of any claim of infringement to the extent required by these Terms;
8. You represent and warrant that you are not in a country subject to a US government embargo. The US government has not selected you as a "terrorist support" country, and that you are not on any US government list.
9. Both you and BBIKE acknowledge that, when using the mobile applications, you will comply with the terms of agreement of third parties that may affect or be affected by said use; and
10. Both you and BBIKE acknowledge and agree that the Application Provider and its subsidiaries are third-party beneficiaries of these Terms. That by accepting these Terms, the Application Provider will have the right (and will be deemed to have accepted the right) to comply with these Terms against you as the third party beneficiary hereof.
5. OFFERS LIMITATIONS
a. Reliability and availability. Our goal is for our Offers to be reliable and available, but you acknowledge that they are not guaranteed to be 100% available or dependable. The mobile application or website may be subject to outages and failures for various reasons beyond our control, including interruptions or failures caused by your mobile device, the provider of your mobile device, the flashing of your wireless connection, and service provider uptime, etc. You acknowledge these limitations and agree that BBIKE is not responsible for damages caused by failure or delay of the Offers.
6. AUTOMATIC SOFTWARE UPDATES.
From time to time, BBIKE may develop patches, bug fixes, updates, enhancements, and other modifications to the Offerings ("Updates"). Some of these updates may be provided to you through automatic software updates. You agree to these Automatic Updates and acknowledge that you may need to install Updates to continue using the Offerings. To the extent that Updates involve changes to the Terms, you may need to accept a revised version of the Terms to use such Updates. Mobile data charges may apply to updates.
You and Authorized Users agree to use the Offers only in a manner that complies with all laws. You and Authorized Users may not extract data, scrape, track or use any robots or other automatic devices, scripts, technology, or processes that send automated queries to the website, or that use other similar methods or tools to collect or extract Content of the Offers. Furthermore, you and Authorized Users may not use the Offerings to collect data (or any other part of the Content) in a way that is used or usable by a competitive product or service. You and Authorized Users may not link to the website or any part of the Offerings. You and Authorized Users may not use script or result searches on the site to display any content on a third-party website or elsewhere.
You and Authorized Users cannot modify the way the Offers are displayed or function, including framing, scraping, or any other technique that alters the display of the website or the display of the Applications or mobile Offers, including the Content. You and authorized users may not use any device, software, or routine to interfere or attempt to interfere with the proper operation and display of the website or mobile applications or the proper functioning and use of the offers by other users or third parties. A violation of any of the previous conditions is grounds for termination of your rights and those Authorized Users to use or access Offers.
8. OPEN SOURCE SOFTWARE.
Certain software elements included in the Product Software and Mobile Applications are subject to "open source" or "free software" licenses ("Open Source Software"). Third parties own some of the open-source software. Open-source software is not subject to the Terms. Instead, each item of open source software is licensed under the terms of the applicable end-user license that accompanies such open-source software. Nothing in the Terms limits your rights or grants you rights that supersede the terms and conditions of any appropriate end-user permissions for Open Source Software.
9. LINKS TO THIRD PARTY SITES AND MOBILE APPLICATIONS.
We may make available a link to a third-party website and other mobile applications through the Offers. These links will allow you to leave the website or mobile apps. Linked sites and applications are not under our control, and we are not responsible for the content of any linked site or any link contained in a linked site or application. We provide the links only for your convenience. We do not endorse any such site or application or its use or content.
10. UNSOLICITED SUBMISSIONS.
We are pleased to hear from our customers and welcome their comments on our Offers. We ask you to be specific in your comments. If you or Authorized Users send us comments, suggestions, ideas, materials, notes, drawings, concepts or other information, or post comments on any publicly accessible blog or community forum on the website (collectively, "Posts"); you and authorized users (as applicable) grant BBIKE a worldwide, non-exclusive, perpetual, irrevocable, transferable, sub-license and royalty-free license to use, copy, modify, display and publicly perform, distribute and exploit in any other way the presentations. None of the posts will be subject to any obligation of trust on our part, and we will not be responsible for the use or disclosure of any post.
11. COPYRIGHT PROTECTION POLICY.
BBIKE respects the intellectual property rights of others and requests that users do the same. BBIKE has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Offers who repeat infringers. BBIKE may terminate access for participants or users who repeatedly found to publish protected content from third parties without the necessary rights and permissions.
If you are the copyright owner or an agent of the copyright and believe, in good faith, that any material on the Website or Offers infringes your copyright, you can send an email notification to the following address: email@example.com
1. The date of notification;
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 3. A description of the copyrighted work that is violated, or multiple copyrighted works on a single online website, is covered by a single notification, a representative list of such works on that site; 4. A description of the material alleged to be infringing or to be the subject of infringing activity and sufficient information enables us to locate such work; 5. Information reasonably sufficient to allow the service provider to contact you, such as an address, telephone number, and email address; 6. 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 7. 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.
12. INTELLECTUAL PROPERTY AND CONTENT
The Offers, and the design, text, graphics, images, video, information, applications, tools, software and other content (excluding any Presentation), and the disposition thereof, including the name and logo of the BBIKE company and all related products and service names, design marks and slogans, any inventions, techniques, methods, authorship, know-how, advertising rights, trademarks, clothing and trade secrets (collectively, "Content"), and all The intellectual property and property rights related to it are between you, your authorized users and us, the exclusive property of BBIKE.
BBIKE reserves all rights to the content and not expressly granted in these Terms.
Without the prior written consent of BBIKE, you and Authorized Users shall not.
a. use any name, trademark or other brand elements of BBIKE in any advertising, or any other commercial form,
b. use any label meta or any other "Hidden Text" that uses any BBIKE name or brand element,
c. use the BBIKE domain name or any domain name that is confusingly similar to our domain name as an email address of pseudonymous return, or
d. reproduce (except only as required for you to use the Offers for the intended purposes), alter, modify, create derivative works of, rent, lease, loan, sell, distribute or publicly display any of the Contents.
13. OTHER TERMS
a. Electronic communications. You are communicating with BBIKE electronically when you use the Offers or send an email to BBIKE. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement.
b. Notifications. In addition to sending you notifications via mobile apps, BBIKE may also send you information as required by law or for marketing purposes via email to the primary email associated with your BBIKE account, hard copy, or publication of such notice the BBIKE website. BBIKE is not responsible for any automatic filtering that you or your network provider may apply to email notifications. BBIKE recommends that you add benelli.bike addresses to your email address book to ensure you receive email notifications from BBIKE.
c. According to the laws, all safety warnings, information, instructions, packaging, boxed materials, mobile apps, and support services are provided only in English and Spanish. You are responsible for ensuring that the use of the Product complies with all applicable laws and regulations. You acknowledge that you, not BBIKE, are responsible for ensuring your compliance with all applicable laws and regulations in your jurisdiction. BBIKE is not responsible for any injury or other damage caused by the Product or your breach of such acts or regulations. We are not responsible if you violate such law or regulation.
d. Compensation. You agree to defend and indemnify the BBIKE Parties from any claim or plaint, including any losses, liabilities, claims, damages, costs or expenses, causes of action, procedures, judgments, and awards, including the lawyers. Fees and charges, presented by third parties, due to the breach of the Terms or authorized Users or any other use of the Offers that is not expressly permitted in the Terms. The foregoing indemnification obligations will survive the termination of the Terms of you or Authorized Users' use of the Offers. BBIKE may, at its expense, assume the exclusive defense and control of any matter subject to compensation on your part, which will not excuse its compensation obligations under this section. You agree not to resolve any issue subject to the above indemnification obligations without the express consent and approval of BBIKE.
e. Ending/Expiring and suspension. We may terminate the Terms, suspend or restrict your and your Authorized Users' access to the Offers if you or your Authorized Users violate any of the Terms. Upon termination or suspension, your rights and those of your Authorized Users to access the website and use the Offers will cease immediately. We may suspend, temporarily or permanently, all or part of the Offers with or without prior notice. If you or your authorized Users' access to the Offers is suspended or terminated by us, you and they agree that you and others will attempt to access the Offers by no alias or other identity in disguise or fraudulence or otherwise without our prior approval by written.
f. Violations and complaints. Without limiting BBIKE's rights or resources under the Terms of the law, BBIKE may investigate complaints related to the use of the Offers and alleged violations of these Terms. Also, BBIKE may take any necessary action concerning such claims and violations. Such action may include reporting any suspicious activity that violates these Terms or violates any law, regulators, or other third parties. Besides, we may disclose any necessary or appropriate information for such persons or entities, including personal information, related to such complaints and violations. You and your Authorized Users agree that monetary damages may not provide us with a sufficient remedy for violations of the Terms. You and they agree to an injunction or other equitable relief for such violations.
g. General. You may not re-assign the Terms or transfer or sublicense any right or obligation hereunder, in whole or in part; Any attempt to do so will be void. We may transfer, assign, or delegate the Terms and our rights and obligations without consent. If for any reason a court of competent jurisdiction considers any provision of the Terms to be invalid or unenforceable; a valid and enforceable provision will supersede that provision that more closely matches the intent of the original provision and the rest of the Terms will continue in effect and will still be fully executable.
BBIKE will not be liable to you for a failure or delay in meeting any of its obligations under the Terms to the extent that such failure or delay is caused by events such as fire, riot, flood, labor dispute, natural, regulatory disaster actions, internet or telecommunications failures, terrorist acts or other causes beyond the reasonable control of BBIKE. Except as expressly outlined in this document, the Terms constitute the entire agreement between you and BBIKE regarding the Offers, and the Terms supersede all previous or contemporary communications, proposals, understandings or agreements, whether electronic, oral or written, between you and BBIKE regarding the Offers or the subject of these Terms. Any waiver of any Terms provision will be effective only if it is in writing and signed by you and BBIKE. The breach of our rights and available resources concerning your violation of these Terms shall not constitute a waiver of such breach or any prior, concurrent, or subsequent breach of it or any other provision of these Terms.
h. Applicable law and arbitration. There are no class actions. Terms, and claims, cause of action, or dispute ("claim") arising out of or related to these Terms will be governed by the laws of China, regardless of your country of origin or where you access the offerings. BINDING ARBITRATION WILL resolve ANY DISPUTES OR RELATED CLAIMS IN ANY WAY WITH THESE TERMS OR OFFERS, INSTEAD OF A COURT, EXCEPT FOR BBIKE'S RIGHT TO SEEK PRECAUTIONARY MEASURES.
If you do not wish to arbitrate disputes with BBIKE and are an individual, you may choose not to participate in this arbitration agreement by sending an email to firstname.lastname@example.org within 30 days of the first time you access or use the Offers.
If you intend to request arbitration, you must first send a written notice to the BBIKE Customer Service Center about your intention to arbitrate ("Notice"). Any of the following means submitting the Notice to BBIKE: email to email@example.com; The Notice must describe the nature and basis of the claim or dispute, and establish the specific repair sought; and establish your name, address, and contact information. If we intend to request arbitration against you, we will send any dispute notice to the contact information we have for you.
The arbitration procedures will be governed by the Rules and Procedures of the neutral arbitrator at that time. The arbitration will be conducted in China using the English language. The ruling on the award issued by the arbitrator can be presented in any court of competent jurisdiction. For any claim in which the potential prize is reasonable $ 10,000 or less, you or BBIKE may choose to have the dispute resolved by non-appearance arbitration.
To the fullest extent permitted by applicable law, YOU AND BBIKE AGREE THAT ANY DISPUTE RESOLUTION PROCEDURE WILL BE PERFORMED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If, for any reason a claim is made in court rather than arbitration, YOU AND BBIKE EACH WAIVES THE RIGHT TO A JURY TRIAL.
If a court of competent jurisdiction considers the above arbitration provisions to be invalid or unenforceable, you and BBIKE agree that all claims arising out of or related to these Terms should be resolved exclusively by a court in Hong Kong. You and BBIKE agree to submit to the exercise of the personal jurisdiction of said courts to litigate all such claims. Despite the contrary, you agree that BBIKE may still request and obtain precautionary remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction.
i. Contact Us. Any notice that you give under these Terms will be sent in writing or by email to the following address:
Jinping 169, Piso 7, Wenling City, China. 317500
Last modification: Junio 17 de 2020.