INTRODUCTION:
PLEASE
READ THIS WEB PAGE CAREFULLY. IT CONTAINS THE TERMS AND
CONDITIONS GOVERNING YOUR ACCESS TO AND USE OF
THE VBIKE.US WEB SITE. IF YOU DO NOT
ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE. THESE TERMS AND CONDITIONS ARE EFFECTIVE AS
OF SEPTEMBER 1, 2005.
BINDING
AGREEMENT:
THESE
TERMS AND CONDITIONS, TOGETHER WITH ALL EXHIBITS TO THESE TERMS AND CONDITIONS (AS THEY MAY BE AMENDED FROM TIME TO TIME BY VBIKE.US) FORM A BINDING AGREEMENT (THE "AGREEMENT") BETWEEN YOU AND CCL Market
Place Inc dba: XXX-Motorsports.com. YOUR ACCESS TO OR
USE OF THE SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
INTELLECTUAL PROPERTY
RIGHTS:
THE SITE AND ALL RIGHT, TITLE AND INTEREST IN AND TO THE SITE IS THE SOLE PROPERTY OF VBIKE.US OR ITS LICENSORS, AND IS PROTECTED BY U.S. COPYRIGHT AND
INTERNATIONAL TREATIES. EXCEPT FOR THE LIMITED LICENSES
EXPRESSLY GRANTED TO YOU IN THESE TERMS AND CONDITIONS, VBIKE.US RESERVES FOR ITSELF
AND ITS LICENSORS ALL OTHER RIGHT, TITLE AND INTEREST.
WITHOUT LIMITATION ON THE FOREGOING, YOU MAY NOT REPRODUCE, MODIFY, DISPLAY, SELL, OR DISTRIBUTE THE CONTENT, OR USE IT IN ANY OTHER WAY FOR PUBLIC OR COMMERCIAL PURPOSES. THIS INCLUDE COPYING OR ADAPTING THE HTML CODE USED TO GENERATE WEB PAGES ON THE SITE.
"VBIKE.US", THE VBIKE DESIGN
LOGO AND CERTAIN OTHER NAMES OR LOGOS, ALL RELATED PRODUCT AND SERVICE NAMES, AND DESIGN MARKS ARE SERVICE MARKS
OR TRADEMARKS OF VBIKE. IN ADDITION, THE "LOOK" AND "FEEL" OF THE SITE (INCLUDING COLOR COMBINATIONS, BUTTON SHAPES, LAYOUT, DESIGN AND ALL OTHER GRAPHICAL ELEMENTS) ARE ALSO PROTECTED BY VBIKE TRADEMARKS, SERVICE MARKS AND COPYRIGHT. ALL OTHER PRODUCT AND SERVICE MARKS
CONTAINED ON THE SITE ARE THE TRADEMARKS OF THEIR RESPECTIVE OWNERS.
SHIPPING
INSURANCE:
SINCE ALL ORDER ARE SHIPPED VIA THIRD PARTY TRUCKING COMPANY, INSURANCE HAS ALREADY BEEN PURCHASE FOR EVERYTHING WE SELL.
SHIPPING INSURANCE WILL PROTECT YOUR VEHICLE IN THE EVENT OF A LOST SHIPMENT. YOU WILL ALSO BE PROTECTED AGAINST SHIPPING DAMAGE(S). IN AN EVENT OF A LOST SHIPMENT OR SHIPMENT DAMAGE(S), PLEASE REPORT YOU CLAIM TO YOUR TRUCKING COMPANY.
LOST OR SHIPPING
DAMAGES:
VBIKE.US SAFELY PACKS AND CRATES ALL ITEMS TO ASSURE YOUR ITEM TO ARRIVE FRRE OF SHIPPING DAMAGES. HOWEVER, IN THE EVENT OF LOST SHIPMENT OR SHIPMENT DAMAGES, PLEASE REPORT YOU CLAIM TO THE TRUCKING COMPANY.
OPERATION, REGISTRATION AND
LICENSING:
AS BUYER, YOU ARE RESPONSIBLE FOR OPERATING YOUR MOTOR VEHICLE IN ACCORDANCE WITH YOUR LOCAL AND STATE LAWS AND ORDINANCES. EACH STATE IS DIFFERENT AND HAVE DIFFERENT MOTOR VEHICLE OPERATING LAWS. VBIKE.US AND ITS EMPLOYEES MAKE NO REPRESENTATION THAT THE VEHICLES FOR SALE IN LEGAL FOR OPERATION IN YOUR CITY AND STATE. PLEASE BE SURE THE VEHICLE YOU ARE PURCHASING IS LEGAL FOR USE IN YOUR CITY AND STATE PRIOR TO PURCHASE AS ALL SALES ARE FINAL AND NON-REFUNDABLE.
IF YOU WISH TO REGISTER YOUR VEHICLE, PLEASE REQUEST FOR YOUR MANUFACTURE'S STATEMENT OF ORIGIN (MSO/ CERTIFICATE OF ORIGIN), VIA EMAIL. EACH STATE IS DIFFERENT AND HAVE DIFFERENT REGISTRATION REQUIREMENTS. BE SURE TO CHECK YOU LOCAL DMV FOR REGISTRATION REQUIREMENT PRIOR TO PURCHASE.
COLOR:
VBIKE.US DISPLAYS AS ACCURATELY AS POSSIBLE THE COLOR OF OUR PRODUCTS SHOWN ON OUR WEBSITE. HOWEVER, COLORS MAY VARY DEPENDING ON YOUR MONITOR AND GRAPHICS (MAY VARY SLIGHTLY TO MANUFACTURE'S UPDATED VERSIONS WITHIN THE MODEL). THEREFORE, WE CANNOT GUARANTEE THAT YOUR MONITOR DISPLAY OF ANY COLOR WILL BE ACCURATE NOR THE GRAPHICS TO BE EXACT AS PICTURED. WE DO GUARANTEE THAT YOUR VEHICLE WILL INCLUDE ALL SPECIFICATION AS ADVERTISED. MOST ORDERS ARE FULFILLED AT YOU ITEM'S FIRST CHOICE. NOT ALL ITEMS OR COLORS MAY BE IN STOCK A THE TIME OF SHOPPING. THEREFORE, WE REQUEST THREE COLOR CHOICES AND WILL SHIP YOUR ORDER ACCORDING TO YOUR FIRST, SECOND, AND THIRD COLOR OF CHOICE.
*PLEASE NOTE: SHIPPING EITHER YOU 2ND OR 3RD COLOR CHOICE IS CONSIDERED FULFILLING YOUR ORDER YOUR ORDER AS ACCURATE AND TRUE. IF YOU HAVE ONLY 1 COLOR CHOICE, PLEASE NOTE YOUR COLOR REQUEST UNDER THE ADDITIONAL COMMENT SECTION IN THE CHECKOUT PROCESS, AND WE WILL PROCESS YOUR ORDER ACCORDINGLY.
CHANGES, ERRORS AND
INACCURACIES:
VBIKE.US
RESERVES THE RIGHT TO UPDATE OR MODIFY THESE TERMS &
CONDITIONS AT ANY TIME WITHOUT PRIOR NOTICE. IMPROVEMENTS TO
PRODUCTS MAY RESULT IN UNANNOUNCED SMALL CHANGES TO
SPECIFICATIONS AND EXTERNAL APPEARANCE. WE
STRIVE TO LIST AND ADVERTISE ALL TEXT AND PRODUCT
INFORMATIONS AS ACCURATE AS POSSIBLE. HOWEVER,
UNFORSEEN TYPOGRAPHICAL ERRORS, PICTURE ERRORS AND INACCURATE INFORMATION ON THIS WEBSITE MAY OCCUR. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSION AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE, INCLUDING ORDER THAT HAVE ALREADY BEEN SUBMITTED. IF SUCH ERROR OCCUR , WE APOLOGIZE FOR ANY INCONVENIENCE.
ASSEMBLY:
ALL VEHICLE REQUIRE SOME SIMPLE ASSEMBLY. EACH VEHICLE IS UNIQUE AND WILL HAVE DIFFERENT ASSEMBLY REQUIREMENTS. COMMON ASSEMBLY INCLUDE: MOUNTING WHEELS (NUTS AND BOLTS---TIRES ALREADY MOUNTED ON WHEELS), HANDLEBAR (NUTS AND BOLTS), ELECTRICAL CONNENCTION (SIMPLE PLUG-IN), BATTERY HOOK UP (NUTS AND SCREWS) AND MIRRORS (SCREWS). MECHANICAL ASSEMBLIES SUCH AS: MOTORS OR CARBURETORS ARE NOT REQUIRED. OUR VEHICLE CAN BE ASSEMBLED WITHIN 30 MINUTES TO 3 HOURS DEPENDING ON THE VEHICLE YOU PURCHASE. ALTHOUGH ASSEMBLY ARE SIMPLE, WE RECOMMEND YOU HAVE A CERTIFIED AUTOMOTIVE OR MOTORCYCLE TECHNICIAN COMPLETE YOUR ASSEMBLY. CERTAIN VEHICLES MAY NOT INCLUDE DETAILED ASSEMBLY INSTRUCTIONS OR MANUALS.
SUBMISSIONS:
WE WELCOME YOUR COMMENTS REGARDING YOUR PURCHASE AND PRODUCT EXPERIENCES WITH US TO HELP BETTER OUR SERVICE TO YOU IN THE FUTURE. HOWEVER, ANY COMMENTS, FEEDBACKS, NOTES, MESSAGES, E-MAILS, SUGGESTIONS AND IDEAS SENT TO VBIKE.US SHALL REMAIN EXCLUSIVE PROPERTY OF VBIKE.US WE RESERVE THE RIGHT TO USE, REPRODUCE, DISCLOSE, PUBLISH AND DISTRIBUTE ANY MATERIAL YOU SUBMIT FOR ANY PURPOSES WHATSOEVER, WITHOUT RESTRICTION AND WITHOUT COMPENSATING YOU IN ANY WAY.
PRIVACY
POLICY:
VBIKE.US COLLECT, USE AND PROTECT INFORMATION ABOUT OUR ONLINE GUESTS . WE RECEIVE AND MAY STORE ANY INFORMATION YOU ENTER ON OUR WEBSITE OR
GIVE TO OUR WEBSITE IN ANY WAY . THIS IS TO HELP
IMPROVE THE PERSONALIZATION OF OUR SERVICES TO YOU BY
PROVIDING BETTER PRODUCTS AND OFFERS.
WE WEILL NOT SHARE YOUR INFORMATION WITH
ANY VENDORS, BUSINESS PARTNERS OR OTHER ORGANIZATIONS
EXCEPT WHERE REQUIRED TO FULFILL YOUR ORDER. WE MAY DISCLOSE CERTAIN APPROPIATE INFORMATION ABOUT YOU TO COMPLY WITH THE LAW ; TO PROTECT THE RIGHTS, PROPERTY OR SAFETY OR
OUR WEBSITE, OUR USERS OR OTHERS.
WE RECOGNIZE THE IMPORTANCE OF PROTECTING PRIVACY WHERE CHILDREN ARE INVOLVED. WE DO NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER THE AGE OF 13. IF A CHILD HAS PROVIDED OUR WEBSITE WITH PERSONAL INDENTIFIABLE INFORMATION, WE ASK THAT THE PARENT OR GUARDIAN CONTACT US SO WE CAN DELETE THE INFORMATION ABOUT THE CHILD.
BY USING THE WEBSITE, YOU CONSENT TO OUR USE OF INFORMATION THAT IS COLLECTED OR SUBMITTED AS DESCRIBED IN OUR ONLINE PRIVACY POLICY. WE MAY CHANGE OR ADD TO THIS PRIVACY POLICY SO WE ENCOURAGE YOU TO REVIEW OUR POLICIES PERIODICALLY.
SECURITY:
OUR WEBSITE USES SECURE SOCKET LAYERING (SSL) TO ENCRYPT YOUR PERSONAL CREDIT CARD INFORMATION BEFORE IT TRAVEL OVER THE INTERNET. SSL TECHNOLOGY IS THE INDUSTRY STANDARD TO SECURE ONLINE TRANSACTIONS. BECAUSE WE USE SSL, PLACING ORDERS ONLINE ON OUR WEBSITE IS THE SAFEST WAY. WE DO NOT HAVE A RECORD OF YOUR COMPLETE CREDIT CARD NUMBER WHEN WE RECEIVE YOUR ORDER ONLINE. WE ONLY RECEIVED THE FIRST AND LAST FOUR DIGITS FOR VERIFICATION PURPOSES.
COPYRIGHT
NOTICE:
ALL CONTENT YOU SEE AND HEAR ON THIS WEBSITE INCLUDING: PAGE HEADERS, ILLUSTRATIONS, GRAPHICS, AUDO CLIPS AND TEXT ARE SUBJECT TO TRADEMARK, SERVICE MARK, COPYRIGHT AND/OR OTHER INTELLECTUAL PROPERTY RIGHTS OR LICENSES HELD BY VBIKE.US. THE ENTIRE CONTENT OF THIS WEBSITE IS COPYRIGHTED AS COLLECTIVE WORK UNDER U.S. COPYRIGHTS LAWS AND VBIKE.US OWNS THE COPYRIGHT. NO COPYING, DOWNLOADING, REPRODUCINGM MODIFYING, PUBLISHING DISTRIBUTING, TRANSMITTING, TRANSFERING OR CREATING DERIVATIVE WORKS FROM THE CONTENT OF THIS WEBSITE WITHOUT THE WRITTEN CONSENT FROM VBIKE.US.
WAIVER OF
LIABILITY:
THE FOLLOWING WAIVER OF LIABILTY IS A LEGAL AND BINDING CONTRACT, EXECUTED IN THE COUNTY OF OKLAHOMA IN THE STATE OF OKLAHOMA.
BY PURCHASING ANY ITEMS ON THIS WEBSITE, I, AS THE BUYER, ACKNOWLEDGE AND AGREE TO BE AT LEAST THE AGE OF 18 OR OLDER OR ARE THE PARENT OF A CHILD UNDE THE AGE OF 18 YEARS. I, AS THE BUYER, ACKNOWLEDGE AND UNDERSTAND THAT RIDING AN ALL-TERRAIN VEHICLE (ATV), DIRT BIKE, GO KART, MOTORCYCLE, MOPED, POCKET BIKE AND GAS SCOOTER IS A DANGEROUS ACTIVITY THAT REQUIRES STRENUOUS EXERCISE AND VARIOUS DEGREES OF SKILL AND EXPERIENCE FOR INDIVIDUAL RIDERS. I , AS THE BUYER, UNDERSTAND THAT THESE ACTIVITIES CAN RESULT IN SERIOUS INJURY TO THE PERSON AND DAMAGES TO PROPERTY AND VOLUNTARILY ASSUME ANY AND ALL RISK ASSOCIATED WITH LOSS, DAMAGE OR INJURY WHILE RIDING THE VEHICLES ADVERTISED ON OUR WEBSITES. I, AS THE BUYER, AM AWARE OF THE RISKS, HAZARDS AND DANGERS OR PERSONAL INJURY, DEATH AND DISABILITY INHERENT WITH THE SPECIFIC USE OF THESE VEHICLES AS WELL AS THE INHERENT RISKS, HAZARDS AND DANGERS OF PERONAL INJURY AND DISABILITY INCREASE WITH INEXPERIENCED RIDERS. I, AS THE BUYER, AGREE TO RELEASE AND FOREVER DISCHARGE VBIKE.US OR ITS PARENT COMPANY AND THEIR AGENTS, SERVANTS, EMPLOYEES, OFFICERS, DIRECTORS, TRUSTEES, AND ALL OTHER PERSONS OR ENTITIES ACTING ON THEIR BEHALF AND THE MANUFACTURE FROM ANY CLAIMS, ACTIONS, DAMAGES, LIABILITIES, COST OR EXPENSES AND ATTORNEY FEES WHICH ARE RELATED TO, ARISE OUT OF OR ARE IN ANY WAY CONNECTED TO YOU PARTICIPATION OR USE OF THESE VEHICLES, USE OF EQUIPMENT OR PROPERTY SUPPLIED BY VBIKE.US OR YOUR PRESENSE UPON THE PREMISES, WHETHER OR NOT SUCH CLAIMS, ACTIONS, DAMAGES, LIABILITY COST OR EXPENSES ARE CAUSED BY THE NEGLIGENCE OF THE SELLER, MANUFACTURE OR DISTRIBUTOR. BY THIS AGREEMENT, IT IS MY INTENTION AS BUYER, TO SURRENDER AND WAIVE ANY RIGHTS TO SUE OR EXERCISE ANY LEGAL RIGHTS TO SEEK DAMAGES FROM VBIKE.US OR ITS PARENT COMPANY AND THEIR AGENTS, SERVANTS, EMPLOYEES, OFFIVERS, DIRECTORS, TRUSTEES AND ALL OTHER PERSONS OR ENTITIES ACTING ON THEIR BEHALF. THIS AGREEMENT SHALL BE AFFECTING AND BINDING UPON MY HEIRS, AGENTS, PERSONAL REPRESENTATIVES AND ASSIGNS. I, AS THE BUYER, HEREBY CERTIFY THAT I AM OVER THE AGE OF 18. I, AS THE BUYER HAVE CAREFULLY READ THE FOREGOING AND ACKNOWLEDGE THAT I UNDERSTAND AND AGREE TO ALL THE ABOVE TERMS AND CONDITIONS. I HAVE HAD THE OPPORTUNITY TO ASK ANY AND ALL QUESTIONS REGARDING THIS AGREEMENT AND THE AFFECT OF THE SAME. I, AS THE BUYER, AM AWARE THAT BY PURCHASING THIS ITEM AND SENDING/REMITTING PAYMENT FOR IT/THEM, I ASSUME ALL RISK AND WAIVE AND RELEASE CERTAIN SUBSTANTIAL RIGHTS THAT I MAY HAVE OR POSSESS. I, AS THE BUYER, THEREFORE RELEASE ALL LIABILTY AND WAIVE ALL RIGHTS I MAY HAVE IN REGARDS TO BOTH MINE AND MY CHILD'S ACTIVITIES WITH ANY ITEMS PURCHASED FROM VBIKE.US.
LEGAL STATUS OF
PRODUCTS:
I, AS THE BUYER AGREE TO READ THE USER'S MANUAL CAREFULLY BEFORE OPERATING MY VEHICLE. I, AS THE BUYER, AGREE TO INSPECT MY VEHICLE TO MAKE SURE ALL NUTS, BOLTS AND CHAIN ARE TIGHT, AND THE VEHICLE IS SAFE FOR OPERATIONS. I, AS THE BUYER, AGREE TO WEAR A HELMET AND OTHER PROTECTIVE GEAR WHEN RIDING. I, AS THE BUYER, ACKNOWLEDGE THAT IT IS MY RESPONSIBILITY, TO ASCERTAIN AND OBEY ALL LOCAL, STATE AND FEDERAL LAWS IN REGARDS TO THE POSSESSION AND USE OF ANY ITEMS PURCHASED FROM VBIKE.US AND PARENT COMPANY. VBIKE.US AND PARENT COMPANY WILL NOT BE LIABLE FOR THE MISUSE OF ANY PRODUCT PURCHASED FROM VBIKE.US. I, AS THE BUYER, HAVE READ THIS WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I, AS THE BUYER AM GIVING UP SUBSTANTIAL RIGHTS BY AGREEING TO THIS WAIVER OF LIABILITY AND HAVE BOUGHT IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME. MY PURCHASE IS TO BE CONSIDERED AS A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATES EXTENT ALLOWED BY THE LAW.
ADDITIONAL CLAUSE FOR ONLINE
PURHCASES:
ALL ITEMS ARE BRAND NEW SEALED IN MANUFACTURE'S PACKAGING. THERE ARE ABSOLUTELY NO REFUNDS ALLOWED FOR ANY ITEMS THAT ARE ASSEMBLED, USED OR FUELED FOR ANY REASON AS THE VEHICLE WOULD BE CONSIDERED USED. ORDERS ARE PROCESSED AND SHIPPED WITHIN 3-5 BUSINESS DAYS FROM THE DATE OF PURCHASE. WE WILL E-MAIL YOU YOUR TRACKING NUMBER WITHIN 24 HOURS FROM THE TIME YOUR SHIPMENT LEAVES OUR WAREHOUSE SO YOU CAN TRACK YOUR SHIPMENT EN ROUTE. WE USE A THIRD PARTY TANSPORTATION COMPANY TO DELIVER YOUR ORDER. TRANSIT TIME MAY TAKE, BUT NOT LIMITED FROM 2-7 BUSINESS DAYS DEPENDING ON HOW FAR YOU ARE AWAY FROM OKLAHOMA. DURING HOLIDAY SEASONS, TRANSIT TIME MAY BE AN ADDITIONAL 3-5 BUSINESS DAYS. ORDER MAY NOT BE CANCELLED RO REFUSED DUE TO EXTENDED TRANSIT SCHEDULES. ORDER MAY BE CANCELLED ONLY IS WE ARE UNABLE TO FULFILL AND SHIP YOUR ORDER WITHIN 5 BUSINESS DAYS. YOU MAY ALSO CANCEL IF YOUR ITEM HAS NOT BEEN SHIPPED. HOWEVER, YOU WILL CHARGED A 6% MERCHANT COST TO REIMBURSE US FOR THE THIRD PARTY MERCHANT FEE. ONCE YOUR ORDER HAS SHIPPED, YOU MAY NOT CANCEL YOUR ORDER. IF YOU REFUSE TO ACCEPT A DELIVERY FOR A SHIPMENT, YOU AGREE TO PAY ALL SHIPPING COSTS TO AND FROM AND A 30% RESTOCKING FEE. ALL SALES ARE FINAL. NO REFUNDS OR RETURNS.
ENFORCEMENT OF TERMS &
CONDITIONS:
BY ACCESSING AND PURCHASING ANY ITEMS ON OUR VBIKE.US WEBSITR, YOU ARE SUBJECT TO OUR TERMS & AGREEMENT AS MENTIONED ABOVE AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAW OF THE STATE OF OKLAHOMA, UNITED STATES OF AMERICA. ALL ORDERS AND SALES CONTRACT PURCHASED WITH VBIKE.US ARE SIGNED AT 13724 N. LINCOLN BLVD, EDMOND OK 73013 IN OKLAHOMA COUNTY, IN THE STATE IF OKLAHOMA.
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