SECTION 13 - LIMITATION OF LIABILITY YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT MAD CYCLERY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE; b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SECTION 14 - RELEASE In the event you have a dispute, you agree to release Mad Cyclery (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SECTION 15 - NOTICE Mad Cyclery may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms byaccessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
SECTION 16 - INTELLECTUAL PROPERTY RIGHTS You herein acknowledge, understand and agree that all of the Mad Cyclery trademarks, copyright,trade name, service marks, and other Mad Cyclery logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Mad Cyclery. You herein agree not to display and/or use in any manner the Mad Cyclery logo or marks without obtaining Mad Cyclery's prior written consent. Mad Cyclery will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Mad Cyclery may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information: a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest; b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon; c) A description of the location of the site which you allege has been infringing upon your work; d) Your physical address, telephone number, and email address e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law; f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf. The Mad Cyclery agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:Mailing Address: Mad Cyclery Attn: Copyright Agent 3 Skyline Dr Wheat Ridge, Colorado 80215 Telephone: 303-386-5203 Email: [email protected]
SECTION 17 - ENTIRE AGREEMENT This Agreement constitutes the entire agreement between you and Mad Cyclery and shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to Mad Cyclery Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Mad Cyclery Services, affiliate Services, third-party content or third-party software.
SECTION 18 - CHOICE OF LAW AND FORUM It is at the mutual agreement of both you and Mad Cyclery with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of Colorado without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and Mad Cyclery, shall be filed within the courts having jurisdiction within the County of United States, Colorado or the U.S. District Court located in said state. You and Mad Cyclery agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
SECTION 19 - WAIVER AND SEVERABILITY OF TERMS At any time, should Mad Cyclery fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
SECTION 20 - NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
SECTION 21 - STATUTE OF LIMITATIONSYou acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within 3 year(s) after said claim or cause of action arose or shall be forever barred.
SECTION 22 - VIOLATIONS Please report any and all violations of this Agreement to Mad Cyclery as follows: Mailing Address:Mad Cyclery 3 Skyline Dr Wheat Ridge, Colorado 80215 Telephone: 303-386-5203 Email: [email protected]
SECTION 24 - FOREIGN ACCESS OF SITE The Site is controlled, operated and administered by from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use's content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
SECTION 25 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors,inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated