Beady / Bicycle Technologies International (“BTI”) Web User Agreement
CONDITIONS OF USE
Welcome to BEADY. If you visit (the “BEADY Website”), you automatically accept the terms and conditions of this Customer Agreement. Please read them carefully. BEADY / BTI reserves the right to modify this Customer Agreement at any time in its sole discretion.
ELECTRONIC COMMUNICATIONS
When you visit the BEADY Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may phone BEADY / BTI at 800-558-8324 to request the discontinuation unwanted e-mail contact from BEADY / BTI.
PRODUCT DESCRIPTIONS
BEADY / BTI and the BEADY Website attempt to be as accurate as possible. However, BEADY / BTI does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by BEADY / BTI is not as described, your sole remedy is to return it in unused condition.
PRICING
All prices are listed in U.S. dollars.
Prices are subject to change without notice. Published prices are not guaranteed due to currency fluctuations and manufacturer price changes that are out of BEADY / BTI’s control. Products may be withdrawn from sale at any time.
COPYRIGHT INFORMATION
All design, text, graphics, selection and arrangement thereof and code, software (including applets) of the BEADY Website is copyrighted as a collective work under United States copyright laws and is the legal property of BEADY / BTI . Other product and company names mentioned on this website may be the trademarks or registered trademarks of their respective owners. Permission is hereby granted to electronically copy and to print portions of this site for the purposes of placing an order with BEADY or promote products available through BEADY / BTI by BEADY / BTI approved retailers. Any other use of materials on this website-including reprinting for purposes other than those noted above, modification, distribution, or re-publication-without the prior written permission of BEADY / BTI is strictly prohibited. Unauthorized use of content from the BEADY Website may result in termination of an account or legal action.
PRIVACY
Information about our customers is used in the course of buying, selling and transporting goods. Because we employ other companies and individuals to perform functions on our behalf, it is necessary to share customer information. Examples may include delivering packages, sending postal mail and e-mail, and processing credit card payments. They are given access to only that information needed to perform their functions, and may not use it for any other purpose. BEADY / BTI does not sell information about its customers.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY BEADY / BTI ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE BEADY WEBSITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AND IN ADDITION TO ANY DISCLAIMERS OR LIMITATIONS ON LIABILITY CONTAINED IN OR RELATED TO SPECIFIC PRODUCTS YOU MAY PURCHASE THROUGH THE BEADY WEBSITE, BEADY AND THE BEADY WEBSITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BEADY / BTI DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE BEADY WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BEADY / BTI AND THE BEADY WEBSITE WILL NOT BE LIABLE FOR EQUITABLE RELIEF OR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE USE OF THIS SITE OR THE PRODUCTS SOLD ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN REMEDIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting the BEADY Website, you agree that the laws of the state of New Mexico, without regard to principles of conflict of laws, will govern this Customer Agreement and any dispute of any sort that might arise between you and BEADY / BTI , the BEADY Website or BEADY / BTI ‘s affiliates.
DISPUTES
Any dispute involving BEADY / BTI and relating in any way to your visit to the BEADY / BTI Website or to products you purchase through BEADY / BTI shall be submitted to confidential arbitration in Santa Fe, New Mexico, except that, to the extent you have in any manner violated or threatened to violate BEADY / BTI ‘s intellectual property rights, BEADY / BTI may seek injunctive or other appropriate relief in any state or federal court in the state of New Mexico, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules, but not necessarily under the jurisdiction, of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
