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Welcome to cyclemonkeys.com.
By using this website, you agree to accept and abide
by the terms of this Visitor Agreement. You are bound
by this legally binding agreement when using this website,
whether you choose to read the entire agreement or not,
as is cyclemonkeys.com.
1. General Provisions
Use of this website is governed by cyclemonkeys.com’s
Privacy Statement, which is incorporated herein and
can by reviewed by clicking on this Privacy Statement.
If
you are an owner of intellectual property who believes
your intellectual property has been improperly posted
or distributed through or on this website, please notify
us by e-mailing us at info@cyclemonkeys.com.
Because of the ever changing needs of our users and
the changing nature of the Internet, we may from time
to time need to change our Visitor Agreement. You are
charged with knowledge of any such changes which may
result in a new posted Visitor Agreement. You are charged
with such knowledge as of the effective date of same.
By visiting cyclemonkeys.com, you agree that your visit,
and any dispute over privacy, is governed by the Visitor
Agreement currently in effect, and the Privacy Statement
in effect at the time of such visit. Cyclemonkeys.com
retains the right to alter same in its sole discretion,
including, but not limited to, restricting access and
use of the website.
Any
postings and information on cyclemonkeys.com is for
informational purposes only, and is not intended to
be an offer from cyclemonkeys.com. Despite efforts,
errors may be made from time to time. Thus, it is very
important that, for any goods or services listed on
cyclemonkeys.com, that you confirm all necessary information
with the vendor directly. Cyclemonkeys.com is not responsible
for any errors or omissions in the listing of bicycles,
nor does it guarantee any performance or qualities related
to same.
2.
Buying and Selling Bicycles
Cyclemonkeys.com lists bicycles, as well as providing
opportunities for advertisers related to same. The specific
information about a particular bike is supplied by the
seller or advertiser, not by yclemonkeys.com. All terms
of any sale, including, but not limited to, the price,
are to be negotiated between the buyer and seller, with
cyclemonkeys.com to provide no assistance or role in
this process. The prices listed by sellers on cyclemonkeys.com
do not necessarily include any applicable sales tax,
shipping or other fees that may apply. It is the buyer’s
responsibility to ascertain and determine any such fees
prior to final purchase. We also do not test bikes or
equipment for condition, nor do we verify whether the
representations made by the seller are accurate. This
is your responsibility as a responsible buyer. Please
use the same discretion and judgment you would use with
any other purchase in making purchases on cyclemonkeys.com’s
website.
As
a seller, do not list a bicycle on cyclemonkey.com’s
website if you are not willing to sell it at the listed
price. While negotiating is between you and a buyer,
your listing is not a minimum starting bid. By listing
a bicycle on cyclemonkeys.com, you are representing
to a potential buyer or user of the website that you
have possession of that which you are listing to sell,
and that you have the possessory and ownership rights
to sell it. To list a bicycle to sell, you must provide
accurate information in order that the buyer or potential
buyer may contact you directly to inquire and/or purchase
the bicycle. You are not permitted to withhold relevant
information, nor or you permitted to limit the providing
of relevant information in any way, including charging
for such information. If we determine that you have
violated the Visitor Agreement in this way, we reserve
the right to prohibit your use of the website.
If
you wish to list more than five bicycles on cyclemonkeys.com
simultaneously, you must inform us of your intention
to do so, whether you intend to list them singularly
or together. Cyclemonkeys.com reserves the right to
limit or deny use of the website to anyone who does
not comply with these or other requirements, or who
uses the website for any improper purpose.
As
a seller, you are responsible for all information contained
in each listing. You are not only responsible for the
information listed, but for any communications with
the buyer or potential buyer. Ay representations made,
whether expressly or impliedly, are made by you alone.
You are not the agent of cyclemonkeys.com, and cyclemonkeys.com
is not in any way responsible for the information provided
in your listing and/or other information provided to
the buyer or potential buyer, or any omissions of same.
You are also responsible for any fees charged for the
services, so please provide accurate information and
only select those services which you want.
3.
Disclaimers, Limitations of Liability, and Indemnification.
If you rely on this website or information posted herein,
you do so at your own risk, and Cyclemonkeys.com does
not warrant in any way the information, services and/or
products listed. In this regard, any inaccuracies and/or
omissions are not the responsibility of Cyclemonkeys.com,
and any listings, products and services, regardless
of the content of the information posted, is provided
“as is”. Cyclemonkeys.com does not warrant
the accuracy of the information listed, and does not
expressly or impliedly warrant the products and/or services.
Any one or any entity posting and/or advertising products
or services no Cyclemonkeys.com agrees to hold Cyclemonkeys.com
harmless, and agrees to indemnify Cyclemonkeys.com from
any liability, damages and/or defense of any claim related
to a listing and/or advertisement posted by you, to
the extent allowed by the law applicable to your state.
4.
Registration
To obtain access to certain Cyclemonkeys.com services,
you wi11 be given an opportunity to register with Cyclemonkeys.com.
As part of the registration process, you will select
a user name and a password. You agree that the information
you supply during that registration process will be
accurate and complete to the best of your knowledge
and that you will not register under the name of, nor
attempt to enter the service under the name of, another
person. We reserve the right to disallow use of user
name that we deem inappropriate in our sole discretion.
You will be responsible for preserving the confidentiality
of your password and for all actions of persons accessing
this website. You agree to notify Cyclemonkeys.com’s
Customer Service immediately if you suspect unauthorized
access to this website or to your account.
5.
Links to Other Sites
When other sites or links are listed on cyclemonkeys.com,
they are independent sites having no connection or affiliation
to us other than providing a link on our website. We
do not warrant or guarantee the accuracy or legitimacy
of any such site, and make no representations with regard
to same, including, but not limited to, not being responsible
for the products or services offered by them. You release
cyclemonkeys.com from any damages that you may incur,
and agree not to assert any claims against them, arising
from your purchase or use of third-party supplied products
and services.
6.
Representations, Ownership and Permissions
Cyclemonkeys.com is made available for your personal,
non-commercial use only. While you may print the materials
for your own personal use in utilizing this website
and its services, you are not permitted to distribute,
display, or otherwise use these materials for commercial
use. If you wish to use these materials in a manner
which may violate this agreement, please direct requests
for use to info@cyclemonkeys.com.
If comments are requested or allowed through the website,
you are allowed to do so. But cyclemonkeys.com reserves
the right to restrict or prohibit use to anyone who
provides information which is misleading, obscene, or
otherwise offensive. This is a private site, and cyclemonkeys.com
expressly reserves the right to restrict use to anyone
as permitted by law.
By
providing information on this website, you are warranting
that it is accurate and truthful to the best of your
knowledge. You further represent that it is provided
legally and with legal justification and not in violation
of the Visitor Agreement. In this regard, you agree
to indemnify and hold harmless cyclemonkeys.comfromany
claim, demand, or suit for damages resulting from your
conduct, whether by acts or omissions.
When
you submit any content to cyclemonkeys.com, you are
expressly permitting cyclemonkeys.com to use that material
for all permitted uses under this Visitor Agreement
and in accordance with the Privacy Statement, including,
but not limited to, listing the bicycles to be sold.
This right you grant is an absolute right unless you
expressly revoke such right in writing tocyclemonkeys.com
through info@cyclemonkeys.com.
Although
Cyclemonkeys.com cannot monitor all the listings and
content posted to our website, we reserve the right,
without assuming any obligation to delete, move, condense
or edit any ads, ratings, reviews, content or other
postings that came to our attention that we consider
inappropriate for any reason. We retain the right to
deny access to anyone who we believe has violated these
terms or any other term of this agreement or otherwise
is not properly utilizing this website as determined
in our sole discretion. Notwithstanding, Cyclemonkeys.com
takes no responsibility and assumes no liability for
any content posted to our website by you or other third
parties.
7.
Miscellaneous
By listing products and/or services on this website,
you agree to use the email addresses of those responding
to your listing only for purposes of communicating with
them about the potential sale of that product or service.
By using this website, you agree not to use information
concerning other users of Cyclemonkeys.com, or the products
or servicese they've listed or searched for on this
website, for any purpose other than to explore the potential
purchase or sale of a listed product or service.
This
Visitor Agreement has been made in, and will be used
in accordance with the laws of, the State of Texas.
By using this website, you consent to the exclusive
jurisdiction and venue of the state and federal courts
in Collin County, Texas in all disputes arising out
of or relating to this Agreement or use of this website.
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