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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of GigaByke.com. The collective work includes works that are licensed to GigaByke.com. Copyright 2003, GigaByke.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with GigaByke.com or purchasing GigaByke.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with GigaByke.com or to purchase GigaByke.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by GigaByke.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of GigaByke.com used in the site are trademarks or registered trademarks of GigaByke.com

Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, GigaByke.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. GigaByke.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. GigaByke.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
GigaByke.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if GigaByke.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a GigaByke.com product is mistakenly listed at an incorrect price, GigaByke.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. GigaByke.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, GigaByke.com shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by GigaByke.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
GigaByke.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to GigaByke.com.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of GigaByke.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of GigaByke.com products) must be commenced within one (1) year after the claim or cause of action arises. GigaByke.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. GigaByke.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a GigaByke.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
GigaByke.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, GigaByke.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, GigaByke.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to GigaByke.com in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless GigaByke.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, GigaByke.com may link to sites operated by third parties. However, even if the third party is affiliated with GigaByke.com, GigaByke.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of GigaByke.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, GigaByke.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Affiliate Program Terms and Conditions

By participating in GigaByke.com's affiliate internet marketing program, you agree with the supplemental Program terms and conditions set forth below.

In consideration of participating in the program, You agree to the following terms:

1) Spam.
Under no circumstances shall You send commercial electronic mail messages as defined in the new Federal spam law, the CAN-SPAM Act of 2003 [the "Act"], with respect to GigaByke.com's Program. For clarification, this does not prohibit you from sending transactional or relationship messages as defined in the Act. GigaByke reserves the rights to collect, withhold, or cancel any and all compensation related to the content you send via commercial electronic mail messages.

2) Tracking Tags.
The tools, products and creative assets (collectively, "Assets") that are provided to you by GigaByke.com provide valuable information vital to the success of the program, including information that helps make sure transactions generated by you are properly attributed to you for payout calculations. Thus, each of these assets must be used in their intended manners. You agree that you will not corrupt, modify or disable the tracking functionality provided to you related to the program.

3) Keywords, Pay Per Click advertising, and domain names involving GigaByke.com's trademark "GigaByke" and variations thereof.
You shall not purchase search engine keywords or domain names that use GigaByke.com’s trademark "GigaByke" and/or certain variations and mispellings thereof. You shall not purchase or register keywords, Pay Per Click advertising, AdWords, search terms, domain names, or other identifying terms that include the word "GigaByke" or certain variations and misspellings thereof for use in any search engine, portal, sponsored advertising service or other search or referral service. Specifically, this policy prohibits you from:

  • Bidding on GigaByke.com’s trademark, "GigaByke", and any keyword string that includes this term. For example, "GigaByke bicycles", "GigaByke.com bikes", "GigaByke Motors", "Bike Berry Engines", etc.; and
  • Bidding on variations of GigaByke’s trademark: for example "Bike Berry", "GigaByke.com", www.GigaByke.com", "bike-berry", "bike berry", www.GigaByke", "www.GigaByke.com", "bike-berry.com", "www,GigaByke.com", "bike.berry", "www.GigaByke.com", "GigaByke", etc.
  • Purchasing domain names based on GigaByke's trademarks or variations of GigaByke's trademark: for example "GigaBykey.com", "GigaBykeproducts.com", etc.
  • Purchasing Pay Per Click advertising containing GigaByke’s trademarks or variations of GigaByke's trademark: for example, " GigaBykey.com", "GigaBykeproducts.com", etc.
  • If GigaByke.com determines, in its sole discretion, that you have purchased or attempted to purchase "GigaByke" keywords or domain names, or one of the three cited examples above, then GigaByke may (without limiting any other remedies available to it) pursue any or all of the following actions:
  • Withhold all compensation otherwise payable to you beginning with the date on which you purchased the prohibited trademarked terms;
  • Remove you from the GigaByke affiliate program permanently; and/or
  • Contact the search engine in which your ad was found to ask that these ads be removed immediately and permanently.

Product Disclaimer

Operating any type of bicycle, bike, motorized bicycle, electric bike, e-bike involves some risk of bodily injury. Buyer accepts responsibility for any and all operation of these products that may lead to personal injury, economic loss, social distress, other losses, costs and damages. GigaByke.com, (owned and operated by Bikeberry, Inc.). is not responsible for injuries and/or damages resulting from operating any of these bicycle products. Our bicycle products such as bicycle, bike, motorized bicycle, electric bike, e-bike are not recommended for use by persons under 16 years of age. Please obey all City and county regulations while using your advertising products. Never operate your outdoor advertising products in an unsafe manner. Check with your local and city laws before use of your advertising product(s).

The Buyer understands and acknowledges that operating bicycle motor product(s) entails known and unanticipated risks. Buyer understands that such risks cannot be eliminated by the Seller, GigaByke without jeopardizing the essential qualities of this activity. 

The risks that the Seller, GigaByke is not responsible for include among other things: falling, collision with pedestrians, street, highway or roadway vehicles, striking obstructions or other person, unsafe weather conditions, unsafe bicycle motor installation, equipment failure, and weather conditions including temperature exposure (hypothermia, sunstroke, sunburn, heat exhaustion and dehydration). 

IN NO EVENT SHALL GigaByke BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF GigaByke IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Waiver of Liability:

The following Waiver of Liability is a legal and binding contract, executed in the county of Los Angeles in the State of California.

By purchasing any items on this website, I, as buyer, acknowledge and agree to be above 18 years or age or are the parent of a child under the age of 18 years. I, as buyer, acknowledge and understand that riding a bicycle with a gas engine is a dangerous activity that requires strenuous exercise and various degrees of skill and experience for individual riders. I, as 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 website. I, as buyer, am aware of the risks, hazards and dangers of personal injury, death and disability inherent with the specific use of these vehicles as well as the inherent risks, hazards and dangers of personal injury and disability increase with inexperienced riders. I, as buyer, agree to release and forever discharge GigaByke.com, DBA: GigaByke or it's 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 and all claims, actions, damages, liabilities, cost or expenses and attorney fees which are related to, arise out of, or are in any way connected to your participation or use of these vehicles, use of equipment or property supplied by GigaByke.com or it's parent company or your presence 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 GigaByke.com, DBA:  GigaByke or its parent company and their agents, servants, employees, officers, 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 buyer, hereby certify that I am over the age of 18 years of age. I, as 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 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 buyer, therefore release all liability and waive all rights I may have in regards to my child's activities with any items purchased from GigaByke.com, DBA: GigaByke.