Last updated: May 25, 2023
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These Terms & Conditions of Use apply to the website located at www.BIKEeRACK.com (the “Site”). 
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LIMITATION OF LIABILITY

The Site and all parts thereof are made available on an “as is” and “as available” basis.

BIKE eRACK™ makes no representation or warranty that the Site will meet your requirements, or that it will be uninterrupted, or error free.

In all circumstances BIKE eRACK™ maximum liability is limited to the purchase price of the products sold. BIKE eRACK™ shall not, under any circumstances, be liable upon a claim or action in contract, tort, indemnity or contribution, or other claims relating to the products it sells which exceeds this liability limit.

BIKE eRACK™ shall not be liable for third party claims for damages against the customer, or for malfunction, delays, interruption of service, loss of business, loss or damage to exemplary damages, whether or not BIKE eRACK™ has been made aware of the possibility of such claims or damages.

BIKE eRACK™ shall not be liable to you or any third party for any special, consequential or punitive damages whatsoever, whether in contract, tort (including negligence and strict liability), or any other legal or equitable principle.

To the fullest extent permitted by applicable law, BIKE eRACK™ will not be liable for any indirect, incidental, punitive or consequential damages attributable to your use of the Site or any product or service purchased on the Site.

ORDER POLICY & SHIPPING

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.

BIKE eRACK™ reserves the right at any time after receipt of your order to accept or decline your order for any reason.

BIKE eRACK™ reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item with the appropriate price adjustment.

We may require additional verification or information before accepting any order.

All orders placed on this Site are subject to product availability.

All items purchased from BIKE eRACK™ are sent by a third-party carrier.

If you are not fully satisfied with your purchase, you may return it in accordance with our Return & Refund Policy.

SITE INFORMATION

We make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions or other content is accurate, complete, or error free.

Prices and promotions are subject to change.

Sometimes an item may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.

If a product offered by BIKE eRACK™ is not as described, you may return it according to our Return & Refund Policy.

If you are dissatisfied with the Site, the Site Content, or the Terms & Conditions of Use, or the Privacy Policy, you agree that your sole and exclusive remedy is that you may discontinue using the Site.

INTELLECTUAL PROPERTY

This Site and all Content included on or in the Site, including text, images, videos, information, data, software, photographs, graphs, videos, graphics, music, sounds and other material (collectively "Content") may be protected by trademark, copyright and/or other proprietary rights owned by BIKE eRACK™, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future.

You may not remove or modify any copyright, trademark or other proprietary notice contained in any Content. You may not modify or alter the Content.

APPLICABLE LAW

The laws of British Columbia in Canada, without regard to principles of conflict of laws, will govern these Terms & Conditions of Use and any dispute of any sort that might arise between BIKE eRACK™ and you.

SEVERABILITY

If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.

WAIVER

The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

ENTIRE AGREEMENT

These Terms & Conditions of Use are the complete and exclusive agreement between us, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between us relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

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Changes to these Terms & Conditions of Use

We may update our Terms & Conditions of Use from time to time. We will notify You of any changes by posting the new Terms & Conditions of Use on this page.

We will let you know via the update of the "Last updated:" date at the top and bottom of these Terms & Conditions of Use.

You are advised to review these Terms & Conditions of Use periodically for any changes. Changes to these Terms & Conditions of Use are effective when they are posted on this page.

Contact Us

If you have any questions about these Terms & Conditions of Use, you can contact us:

• by email: info@BIKEeRACK.com

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Last updated: May 25, 2023
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