Martone Cycling Co.
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TERMS OF USE

THESE TERMS OF USE (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE MARTONE CYCLING COMPANY LLC WEBSITE AT WWW.MARTONECYCLING.EU (THE “SITE”).

PLEASE READ THE TERMS OF USE CAREFULLY IF YOU WISH TO USE THE SITE OR SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THE SITE.

Privacy

We are very sensitive to your privacy. Please see our Privacy Notice www.martonecycling.eu/EU-11-privacy_policy/ for information and disclosures relating to the collection and use of your personal information and data in connection with your use of the Site.

Use of Site

No charge is made for the general use of the Site unless you purchase merchandise through our Site.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time. If we do this, we will post the changes to these Terms on this page. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Site.

Placing an Order

On the Shop Online page, you will be able to choose the type of product, size of the product and quantity of the product. Once you have made your selections, click on the “Add to Cart” button and the product(s) will then be placed in your shopping bag. In the shopping bag, you will be able to change the quantity, delete items from your bag, and update your bag. If you're ready to complete your order, click on the “Checkout” button. You will then be prompted to provide your billing information, shipping information, shipping method and payment information. You will also have the option to log-in as an account holder or to create an account in which your information may be saved to be used for future purchases. If you log-in as a registered user, you will also have the opportunity to update your information.

Returns, Changes or Cancellations of an Order

Please refer to our Frequently Asked Questions page for information on our return policy and for changing, exchanging or cancelling an order once it has been placed. www.martonecycling.eu/EU-10-faq/

Payment and Shipping Options

Please refer to our Frequently Asked Questions page for information on our acceptable methods of payment and for shipping options www.martonecycling.eu/EU-10-faq/

Promotion Codes

Please refer to our Frequently Asked Questions page for information on our acceptable methods of payment and for shipping options. www.martonecycling.eu/EU-10-faq/

Registration and Security

By purchasing merchandise on our Site, you are representing to us that you are authorized to use the credit card or other form of payment you submit (if any). We use third parties to facilitate payment transactions and you should review such third party terms and conditions before entering into any transaction. We are not liable or responsible for such third party transactions.

If any part of our Site requires a login or password, then such login and password are for your personal use only. You may not reveal your login or password to anyone else or permit anyone to use you login or password to access the particular area of the Site. You are responsible for maintain the confidentiality and security of your login and password and accept responsibility for all activities that occur under your account or password. You must notify us immediately when the security of your login or password has been breached.

Public Forums and Your Submissions

The Site may provide chat rooms, forums, message boards, blog feeds, or other interactive forums (the “Interactive Forums”). You are solely responsible for the information, data, (including personal data), opinions, descriptions, photos, profiles, messages, “shouts”, comments, reviews, text, location information and all other content that you upload, publish, modify, or display on or through the Site or transmit to or share with us and other users (collectively the "User Content").

By uploading, publishing, modifying or displaying User Content on any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit, and distribute such User Content for any purpose on or in connection with the Site.

Furthermore, you represent and warrant that your User Content will not contain any material that:

  • is false, inaccurate, or misleading; infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights, or rights of publicity or privacy; or violates any law or regulation; is defamatory, constitutes trade libel or product disparagement, or is unlawfully threatening, harassing, or contains hate speech; is obscene or contains pornography; or
  • contains any computer programming routines such as viruses, Trojan horses, time bombs, or other malicious code or programs that may damage or interfere with the operation of any system, or unlawfully intercept any data or personal information.

You understand and agree that we do not verify or vouch for any such User Content and if we determine in our sole discretion that any User Content is inaccurate, was posted or uploaded without authorization, or otherwise does or may violate these Terms or applicable laws, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to (a) modify, refuse, or remove the User Content; (b) revoke the applicable user's right to use the Site; and/or (c) use any technological, legal, operational, or other means available to us to enforce the provisions of these Terms, including, without limitation, blocking specific IP addresses or deactivating the applicable user's registration. Please note, that if you or we delete any information provided by you, it is deleted in a manner similar to emptying a recycle bin on a computer and you acknowledge that any removed information or content may persist in backup copies or may be imbedded in the Site as aggregate data.

Rules of Conduct

Your use of any Interactive Forum is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. In addition, you agree that:

  • you will not interfere with another member's use of the Site or any Interactive Forum; you will not interfere with or disrupt the security measures of the Site or any Interactive Forum; and will comply with all regulations, policies and procedures of such networks; and
  • you will comply with United States law regarding the transmission of technical data exported from the United States.

You further agree that you will not use the Site or any Interactive Forum to:

  • send or result in the transmission of “spam” (junk e-mail) or unsolicited messages;
  • promote or generate revenue for any business or commercial purposes unless authorized in writing by us;
  • impersonate any person or entity; intentionally or unintentionally or create a false identity on the Site or Service;
  • collect or store personal data about other users;
  • make publicly available on the Site or Service or otherwise transmit any private information of any third party; or
  • make publicly available or otherwise transmit any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.

Copyrights

We respect the intellectual property of others, and we ask you to do the same. It is important (and a condition of these Terms) that you only send us data and information or post content that you own and/or control -- and not content owned and/or controlled by others.

You are fully responsible for your User Content. In other words, if you send us content you do not own or otherwise do not have the right to submit, you are responsible for any liability or obligation.

It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to our Copyright Page www.martonecycling.eu/EU-11-privacy_policy/ to review our DMCA notification guidelines. We reserve the right to terminate any users account without notice if that user is determined to be a “repeat infringer” of other user’s intellectual property.

Proprietary Rights

All content on the Site, including but not limited to visual interface, interactive features, computer codes, products, software, aggregate user review ratings, designs, text, graphics, images, photographs, illustrations, audio and video material, artwork, information, database, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, and their selection and arrangement ("Site Content"), excluding any of your User Content, is our proprietary property, with all rights reserved.

Subject to the limited license granted to you hereunder, you may not modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, create derivative works from, or broadcast or circulate to any third party (including, without limitation, on or via a third party web site), or otherwise use, any materials contained within the Site (except for your User Content) without our express prior written consent.

Limited License

You are granted a limited license to access and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you do not alter, delete or conceal any copyright, trademark or other notices contained on the Site, including notices on any content you download, transmit, print or reproduce from the Site, nor shall you distribute such Site Content.

Except for your User Content, you may not and will not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights. This license is revocable at any time without notice and with or without cause.

Third Party Websites and Content

The Site may contain links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, video, audio, information, mobile applications, “plug-ins”, offers and other content or items belonging to or originating from third parties ("Third Party Applications or Content"). Such Third Party Sites and Third Party Applications or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

Indemnification

You hereby agree to indemnify, defend and hold us , our subsidiaries, parent corporation and affiliates, partners, sponsors and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, "Parties"), harmless from and against any and all liability, losses, expenses, damages, and costs (including reasonable attorneys' fees), incurred by any of the Parties in connection with any claim arising out of your use of the Site and/or Service, any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you, the content you submit, upload, post, transmit or make available through the Service, your violation or breach of any these Terms, your connection to the Site or Service, or your violation of the rights of any other person or entity.

Warranty Disclaimers

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE YOUR USE OF THE SITE AND SERVICE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE OR SERVICE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SITE, AND TO ALL TRANSACTIONS YOU UNDERTAKE ON THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION SUBMISSION OF ANY USER CONTENT.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

We have the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of the Site, including but not limited to, hours of availability, equipment needed for access or use, or the availability of the Service on any particular device or communications service. We have no obligation to provide you with notice of any such changes, and we are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Site.

Limitation of Liability

IN NO EVENT WILL WE OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SITE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SERVICE, EVEN IF WE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT, SHALL OUR AGGREGATE LIABILITY TO YOU AND ANY OTHER PARTY, WHETHER DIRECT OR INDIRECT, EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR ANY AND ALL CLAIMS, DAMAGES, AND OTHER THEORY OF LIABILITY.

SOME U.S. STATES DO NOT ALLOW, AND OTHER JURISDICTIONS MAY NOT ALLOW, THE LIMITATION AND LIABILITY, SO THE FORGOING DISCLAIMER MAY NOT APPLY TO YOU IF PROHIBITED BY APPLICABLE LAW.

Eligibility

The Site is operated primarily from the United States. We do not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations.

IF YOU ARE A USER ACCESSING THE SITE FROM THE EUROPEAN UNION, ASIA, OR ANY OTHER REGION WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE, AND DISCLOSURE THAT DIFFER FROM UNITED STATES LAWS, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF THE SITE, WHICH ARE GOVERNED BY UNITED STATES LAW, THIS PRIVACY POLICY, AND OUR TERMS OF USE, YOU ARE TRANSFERRING YOUR PERSONAL INFORMATION TO THE UNITED STATES AND YOU CONSENT TO THAT TRANSFER. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONAL INFORMATION MAY BE TRANSFERRED TO AND PROCESSED IN COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING PERSONAL INFORMATION MAY BE LESS STRINGENT THAN IN YOUR COUNTRY.

General

These Terms, including the policies referred to in these Terms, constitute the entire agreement between you and us and govern your use of the Site, superseding any prior agreements. These Terms cannot be changed or terminated orally.

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on or through the Site or delivering them to you through email. You may update your email address by visiting the Site where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting us at europe@martonecycling.com.. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

You agree that these Terms and our rights hereunder may be assigned, in whole or in part, by us or our affiliate to any third party, in our sole discretion, including an assignment in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not assign, sublicense, or delegate your rights hereunder.

The formation, construction and interpretation of these Terms shall be controlled by the laws of the State of New York, giving no effect to choice of law provisions. Any dispute relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts in the County of New York, State of New York, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction of these courts.

You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this Agreement.

The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 these Terms remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Questions

For questions contact us at: europe@martonecycling.com. or at:

Martone Cycling Europe Co., SASU
6, rue des Francs Bourgeois
75003, Paris, France

SIRET 792 514 101 00015

Copyright 2013 Martone Cycling Company LLC. All rights reserved.

Use of the Website constitutes acceptance of Martone Cycling Company LLC’s Terms of Use and Privacy Notice