Notwithstanding the foregoing, user published content on the Site, if any, remains the intellectual property of the individual user. By posting content on our Site, you grant Community Bikes and Boards a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, whether now known or hereafter discovered. In addition, you warrant that all so-called "moral rights" in those materials have been waived. You are responsible for, and represent and warrant to Community Bikes and Boards that you have obtained, any releases, clearances, licenses, assignments and permissions (including those relating to privacy and rights of publicity) necessary for Community Bikes and Boards to post the content and exercise its rights under this paragraph.
In operating the Site, we may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third party sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Site. If you believe any material available via the Site infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. Our designated agent (i.e. proper party for notice) to whom you should address infringement notices under the DMCA to email@example.com, Community Bikes and Boards, 142 Kings Hwy E. Haddonfield, NJ 08033.
All logos and any other product or service name or slogan contained on the Site are trademarks of Community Bikes and Boards or its manufacturers, distributors, advertisers, suppliers, customers, clients, vendors or licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of Community Bikes and Boards or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, are the service marks, trademarks and/or trade dress of Community Bikes and Boards and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, service marks, logos, and product names published on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, distributor, service provider, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Community Bikes and Boards.
In addition to the Site Materials, our Site may include third party content and may provide links to websites and content of third parties (collectively the "Third Party Content") as a service to those interested in this information, including content and views of various individuals such as product managers, employees, customers, athletes, experts or members of the public. The views expressed in such Third Party Content are those of the creators thereof and are not, and should not be construed as, the views of Community Bikes and Boards. In addition, the Site may include certain applications, features, programs and services provided by third parties (the "Third Party Applications"). Community Bikes and Boards does not monitor Third Party Content or Third Party Applications and makes no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. Community Bikes and Boards is not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided "as is." Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider(s) of the Third Party Applications, and you agree to fully comply with all such additional terms, conditions and agreements. Your use of Third Party Content and Third Party Applications is at your own risk.
Community Bikes and Boards provides on the Site information about and/or links to third party products and services, and supports and enables the retail purchase of third party products and services (collectively, “Merchandise”) on the Site. Your personal or commercial relationship with such third parties, your use of the Merchandise of such third parties, and any terms, conditions, warranties or representations associated with such relationship, Merchandise, or use are solely between you and such third party. Community Bikes and Boards is not responsible or liable for any loss, damage or injury of any sort incurred as the result of any such relationship, Merchandise or use, nor as the result of the presence of such third-party advertisers, information, or Merchandise on the Site.
Community Bikes and Boards does not guarantee the Merchandise that is displayed on the Site is available in its then current warehouse inventory, nor does it guarantee that the Merchandise displayed on the Site is available in its Philadelphia or New Jersey retail stores. If the Merchandise you select is not available by the time your order processes, we will remove the item or items and the corresponding charge(s) from your order. You can always confirm the current availability of Merchandise by calling Community Bikes and Boards' Customer Service team at 856.528.2121. We will send a shipping confirmation e-mail to the e-mail address you include on your order form once Merchandise you have ordered has shipped.
Merchandise pricing on the Site is stated in U.S. dollars, unless otherwise indicated, net of applicable taxes and shipping charges, if any. Community Bikes and Boards takes commercially reasonable steps to post current, accurate prices for the Merchandise. However, notwithstanding such steps, pricing errors may still occur. If an item's price is displayed incorrectly, we will cancel your order for that item and alert you of the order cancellation. In addition, Community Bikes and Boards undertakes commercially reasonable steps to display true and accurate images, including colors, of the Merchandise on the Site. Actual images and colors that render on your computer or device depend on a number of factors, including the capabilities and settings of your monitor or device, and may therefore not be accurate. Accordingly, Community Bikes and Boards does not guarantee the accuracy of the Merchandise images on the Site.
The Site or the Services may include public or restricted access product reviews, discussion forums, or other interactive areas or services ("Interactive Areas"), including chat rooms or message boards or other areas or services in which you or other users create, post or store messages, information, text, music or sound files, still or video images, graphics, data, code or any other digital content of any kind on the Site ("User Content"). Interactive Areas are provided "as is" and your use of the Interactive Areas is at your own risk.
If you post User Content, you acknowledge and agree that your User Content will be accessible and viewed by others. You agree not to post, upload, transmit, distribute, store, create or otherwise publish on or through the Site any of the following:
In consideration of your use of any of the Site and the Services, you represent and warrant that you are of legal age to form a binding contract. In consideration of your use of any of the Site and Services, you agree to:
You acknowledge and agree that, except for User Content submitted in an Interactive Area, any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, images or other information regarding the Site, the Services, Merchandise or Community Bikes and Boards provided or submitted by you for any reason, including by of example, in response to an invitation or request to participate in surveys or other forums hosted by or for Community Bikes and Boards or any third party manufacturer, distributor or vendor, on the Site or related to the Site, in whatever form, or any other submissions to Community Bikes and Boards by or through any means, including email or any postings on the Site, are non-confidential and shall be the sole property of Community Bikes and Boards, and that upon submission of such materials to Community Bikes and Boards you thereby assign without additional consideration all right, title and interest you may hold in such materials to Community Bikes and Boards. Community Bikes and Boards shall own exclusive rights, including all intellectual property rights, in such materials and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to or review by you.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY COMMUNITY BIKES AND BOARDS, THE SITE, THE SITE MATERIALS, THE SERVICES, AND ALL MERCHANDISE AND/OR CONTENT MADE AVAILABLE ON, CONTAINED IN, OR ACCCESSED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY BY COMMUNITY BIKES AND BOARDS OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY WARRANTIES IN RESPECT TO MERCHANDISE ARE LIMITED SOLELY TO THOSE WARRANTIES PROVIDED OR EXTENDED BY THE MANUFACTURER THEREOF. COMMUNITY BIKES AND BOARDS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE MERCHANDISE, INFORMATION, CONTENT AND SITE MATERIALS ON THE SITE. COMMUNITY BIKES AND BOARDS DOES NOT REPRESENT OR WARRANT THAT THE MERCHANDISE, CONTENT AND SITE MATERIALS ON THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR- OR DEFECT-FREE. COMMUNITY BIKES AND BOARDS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THEIR HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMMUNITY BIKES AND BOARDS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PROGRAMS, TEXT OR IMAGERY. WHILE COMMUNITY BIKES AND BOARDS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, COMMUNITY BIKES AND BOARDS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, INJURY TO PERSON OR PROPERTY OR DEATH, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF ANY MERCHANDISE, OR USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE INTERACTIVE AREAS, OR THE SITE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM COMMUNITY BIKES AND BOARDS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS OR INTERNET FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMMUNITY BIKES AND BOARDS' RECORDS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMMUNITY BIKES AND BOARDS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED THE MERCHANDISE PURCHASE PRICE OR ANY COMPENSATION YOU PAY, IF ANY, TO COMMUNITY BIKES AND BOARDS FOR THE PURCHASE OF MERCHANDISE ON OR THROUGH, OR ACCESS TO OR USE OF, THE SITE.