TERMS AND CONDITIONS
Agreement between user and bikergearclub.com
Welcome to bikergearclub.com. The bikergearclub.com website (the “Site”) is comprised of various web pages operated by Biker Gear Club (“Biker Gear Club”). bikergearclub.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of bikergearclub.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
bikergearclub.com is a E-commerce Site
Biker Gear Club is a subscription service exclusively for bikers. We feature high end lifestyle apparel, top of the line universal bike components, maintenance supplies and more. We aim to support other small businesses with good ethics that were also started by entrepreneurs across the globe. Biker Gear Club is a subscription box service that sends curated quarterly and monthly subscribers premium motorcycle gear items.
Visiting bikergearclub.com or sending emails to Biker Gear Club constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Biker Gear Club is not responsible for third party access to your account that results from theft or misappropriation of your account. Biker Gear Club and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Biker Gear Club does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use bikergearclub.com only with permission of a parent or guardian.
Cancellation/Auto Renewal/Refund Policy
All of Biker Gear Club’s subscription boxes are auto-renewing. Monthly subscriptions auto renew on the 22nd of each month, and quarterly subscriptions auto-renew on this schedule: Q1 – March 1st, Q2 – June 1st, Q3 – Sept 1st, Q4 – Dec 1st. As a member it is your responsibility to cancel your subscription prior to the auto renewal date if you do not wish to continue your subscription with us.
To cancel your Biker Gear Club quarterly subscription at any time, you must log-in to your account, click on the “MY SUBSCRIPTIONS” button at the bottom of the your account details page and click “Cancel” on the subscription you wish to cancel. You will receive email confirmation of your cancellation to the email address we have on record for you. Due to the custom nature of our curated boxes, we are not able to accept returns. If you are unhappy with your box and are a subscriber, you may cancel your subscription at anytime. Your last box received will depend on the date of cancellation. If you would not like to receive your upcoming box, you may cancel up to one week prior to the next box’s ship date. If you cancel your subscription within one week of the next box’s ship date, you will receive the current box and your subscription will be canceled following that shipment. The last day to cancel will be listed on your account page, under each subscription’s payment section. If you received a defective product or are missing a product in your box, please contact us at firstname.lastname@example.org and we’ll gladly do what we can do to resolve the situation.
Links to third party sites/Third party services
bikergearclub.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Biker Gear Club and Biker Gear Club is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Biker Gear Club is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Biker Gear Club of the site or any association with its operators.
Certain services made available via bikergearclub.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the bikergearclub.com domain, you hereby acknowledge and consent that Biker Gear Club may share such information and data with any third party with whom Biker Gear Club has a contractual relationship to provide the requested product, service or functionality on behalf of bikergearclub.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Biker Gear Club or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Biker Gear Club content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Biker Gear Club and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Biker Gear Club or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Biker Gear Club from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Biker Gear Club Content accessed through bikergearclub.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Biker Gear Club, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Biker Gear Club reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Biker Gear Club in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BIKER GEAR CLUB AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. BIKER GEAR CLUB AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BIKER GEAR CLUB AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIKER GEAR CLUB AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BIKER GEAR CLUB OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
Biker Gear Club reserves the right, in its sole discretion, to terminate your access to the Site andthe related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Biker Gear Club as a result of this agreement or use of the Site. Biker Gear Club’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Biker Gear Club’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Biker Gear Club with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Biker Gear Club with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Biker Gear Club with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Biker Gear Club reserves the right, in its sole discretion, to change the Terms under which bikergearclub.com is offered. The most current version of the Terms will supersede all previous versions. Biker Gear Club encourages you to periodically review the Terms to stay informed of our updates.
Biker Gear Club welcomes your questions or comments regarding the Terms:
Biker Gear Club
Effective as of May 01, 2017Terms and Conditions