Terms & Conditions
This Web site is provided by Miles Gillham ("The Owner"). By using The Web Site or downloading Materials from The Web Site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions do not use the site or download Materials from the site.
Definitions
- "The Web Site"
- Refers to the domain 250ccbikes.com and all sub-domains of 250ccbikes.com, including but not limited to http, ftp, https, and other protocols and mechanisms of content presentation and dissemination.
- "The Owner"
- The legal owner of this site: Miles Gillham.
- "Materials"
- Materials collectively found in The Web Site (including, but not limited to, any images, logos, designs, insignia, marks, pictures, sounds, text, messages, tools, software, technology, products, files, information, data, demos, promotional materials, audiovisual and multimedia works and any other items or expressions).
- "Agreement"
- Collectively the Terms and Conditions found herein.
- "Proprietary Rights"
- Collectively patents, copyright, trademarks, trading names, trade dress, trade secrets, rights of publicity, rights of privacy, moral rights, rights
of attribution or integrity or any other intellectual property
rights or proprietary rights of any person or entity.
Ownership
All right, title and interest in and to The Web Site, the
Materials and all associated Proprietary Rights is owned by The
Owner or its licensors, and no ownership of any of the foregoing
items is transferred to you by virtue of this Agreement or The
Owner's permitting you to use the Web Site.
Copyright
All contents of The Web Site (including text, pages,
documents, graphics, audio and video) are copyright ©
2002-2008 by The Owner or its licensors.
Apart from any fair dealing for the purposes of private study,
research, criticism or review, as permitted under copyright
legislation, no part of The Web Site may be reproduced, reused,
or transmitted in any form by means digital or mechanical,
without the prior written permission of The Owner.
Material from this Web Site may be printed or downloaded
for personal use only, and all copyright and other proprietary
notices must be retained.
Privacy Statement
Your IP address may be logged for security audit purposes
and retained for broad demographic analysis.
For the purposes of financial transactions (ie customer
purchases), substantiating records are kept for the purpose
of refuting chargebacks. Full customer credit card details
sufficient in their own right to effect a purchase are not
retained or stored by The Web Site or systems.
A trusted payment processor is used for financial
transactions. This party may retain more detail of financial
transactions beyond the control of The Owner. Full details of
the payment processor are displayed to the Customer prior to
any financial transaction.
The Web Site may contain links to other web sites. The Owner is not
responsible for the privacy practices or the content of such
web sites.
Customer contact information is held private and not shared wth
3rd parties for purposes of marketing or unsolicited commercial
communications.
This Web Site may use third-party advertising companies to serve ads when
you visit this Web Site. These companies may use information (not
including your name, address, email address, or telephone number)
about your visits to this and other websites in order to provide
advertisements about goods and services of interest to you. The privacy practices of these companies is out of the control of this Web Site.
Google, as a third party vendor, uses cookies to serve ads on your site.
Google's use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
Contact
If you have any questions about this legal statement, the
practices of this Web Site, or your dealings with this Web Site,
you may contact:
The Owner
webmaster@250ccbikes.com
Disclaimer
The Owner or its agents or suppliers do not guarantee
that this Web Site is free of viruses or any other contaminating
or destructive elements. Use of The Web Site is done so at your
own risk.
You acknowledge and accept that the information contained
on The Web Site (the website information and Materials) may include technical
inaccuracies and typographical errors. You acknowledge and accept
that the website information is subject to change at any time
and may not necessarily be up to date or accurate at the time
you view it.
The Web Site and the Materials displayed on it may not be
accessible from time to time due to scheduled, planned, or
unplanned system maintenance. The Web Site and the Materials
displayed on it may not be accessible from time to time due to
act of God or other force majeure events, including inability to
obtain or shortage of necessary materials, equipment facilities,
power or telecommunications, lack of telecommunications
equipment or facilities and failure of information technology
or telecommunications equipment or facilities.
Changes to The Web Sites
The Owner reserves the right, at its sole discretion, to
change, modify, add or remove any portion of this Agreement in
whole or in part, at any time. Changes in this Agreement will be
effective when notice of such change is posted. Your continued
use of the Site after any changes to this Agreement are posted
will be considered acceptance of those changes. The Owner may
terminate, change, suspend or discontinue any aspect of the The
Owner's Web Site, including the availability of any features of
the Site, at any time. The Owner may also impose limits on certain
features and services or restrict your access to parts or all
of the Site without notice or liability. The Owner may terminate
the authorisation, rights and license given above and, upon such
termination, you shall immediately destroy all Materials.
Limitation of Liability
In no event will The Owner, its contractors, agents, or
employees be liable, whether in contract, warranty (including
all implied warranties of merchantability and fitness), tort
(including negligence whether active, passive or imputed),
product liability, strict liability or other theory, to you or any
other person for any damages (including, without limitation, any
direct, indirect, incidental, special or consequential damages)
arising out or in connection with of any use of, inability to
use or results of use of this site or any materials in this site,
even if The Owner or its representative has been advised of the
possibility of Such damages.
Site Terms of Use
This Agreement constitutes the entire agreement between you
and The Owner relating to the subject matter hereof and may not
be modified except in a writing signed by The Owner.
No failure or forbearance on The Owner's part to exercise its
rights or insist upon performance of your obligations hereunder
is to be construed as a waiver or relinquishment of those or
any other rights or obligations in that or any other instance;
rather, the same shall remain in full force and effect.
Submissions
The Owner does not accept or consider any material for use in
any of its products or services that has not been specificaly
solicited by The Owner. Accordingly, The Owner asks you not
to submit any such usolicited materials. If you ignore this
request, any such materials, comments, suggestions or other
information submitted by you to The Owner will become the
property of The Owner, with The Owner exclusively owning all
known and hereafter existing rights to such materials, and you
acknowledge and agree not to contest The Owner's rights to use
and disclose such materials in any manner and for any purpose,
commercial or otherwise, without compensation to you.
Third-Party Sites
As a convenience to you, The Owner may provide, on The
Web Site, links to Web Sites operated by other entities. If you
use these sites, you will leave this Web Site. If you decide to
visit any linked site, you do so at your own risk and it is
your responsibility to take all protective measures to guard
against viruses or other destructive elements. The Owner makes no
warranty or representation regarding, and does not endorse,
any linked Web Sites or the information appearing thereon or
any of the products or services described thereon. Links do not
imply that The Owner or this Site sponsors, endorses, is affiliated or
associated with, or is legally authorised to use any trademark,
trade name, logo or copyright symbol displayed in or accessible
through the links, or that any linked site is authorised to use
any trademark, trade name, logo or copyright symbol of The Owner or
any of its affiliates or subsidiaries.
Limited License
Subject to the terms and conditions of this Agreement,
(and subject to your payment of any applicable license fees),
The Owner grants you a non-exclusive, non-transferable license,
for the duration of your next session of using the Site, to:
- download to one (1) computer, solely for your personal use,
one (1) copy of any Materials available on this Site; and - upload materials to any designated areas of this Site.
The Owner reserves all rights in and to the Materials not
expressly granted above. Without limiting the foregoing, you may
not:
- use or transmit any Materials on or to any other Web site
or network; - modify, translate, reverse engineer, decompile,
disassemble or create derivative works based on any Materials; - reproduce any Materials other than as specified above;
- distribute, license, rent, sell, lease or otherwise transfer any
Materials; or - remove, obscure or alter any notice of copyright
or other proprietary notices present on or in any Materials.
You represent, warrant and covenant that:
- you will comply with
all applicable laws, regulations and orders of any governmental
authority in your use of this Site and the Materials (including,
without limitation, all export control laws, regulations, and
orders); - you are not located in, under the control of,
or a national or resident of any country to which export of any
Materials is prohibited by Australian law, regulation or order;
and - you will not upload or otherwise transmit to this Site
any software or other materials that:- contain any viruses or other harmful code;
- violate, misappropriate or infringe any Proprietary Rights
of any person or entity; or - contain any material that is libelous, defamatory or portrays
any person in a false light.
You must not attempt to change, add to, remove, deface,
hack or otherwise interfere with this website or any Material
or content displayed on this website.
You may only use The Web Site and any Materials found in The
Web Site in accordance with the terms and conditions of this
Agreement, and you agree to comply with said terms and conditions
at all times. Without limiting the foregoing, you may not copy,
republish, upload, download, post, transmit or distribute any
Materials except as specifically provided herein.
Except as expressly provided herein, The Owner does not
grant any express or implied right to you under any patents,
trademarks, copyrights or trade secret information.
Governing Law
These Terms and Conditions are governed by and construed
in accordance with the State of Queensland, Australia without
reference to its choice of law rules. The provisions of
the U.N. Conventions on Contracts for the International Sale
of Goods shall not apply. You hereby agree to submit to the
exclusive jurisdiction of the courts of Queensland, Australia
with respect to any dispute, claim or suit arising out of or in
conection with this Agreement, The Web Site or any Materials,
and agree not to commence or prosecute any such claim or suit except in
the aforementioned courts.
If any provision of this agreement is deemed unlawful, void,
or for any reason unenforceable, such provision shall be narrowed
in scope or otherwise amended to the extent necessary to make
such provision lawful, valid and enforceable while as nearly
as possible reflecting the intent of the parties as expressed
in this Agreement, or, if such amendment is impossible, severed
from this agreement. No amendment or severing of any provision
of this Agreement shall affect the validity or enforceability
of any remaining provisions.
Miscellaneous
Refunds, if applicable, may be provided at the sole discretion
of The Owner.
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