Terms & Conditions
Welcome to the Above Category Cycling Web sites, which include but are not limited to abovecategorycycling.com and shop.abovecategorycycling.com (the “Sites”). The Sites are provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Sites (the “Agreement”).
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Copyright, Trademark and other intellectual property protection
This Site as a whole, and all material on this Site, is protected by copyright and other intellectual property rights. See separate copyright and trademark notice for further information.
You agree that any and all suggestions, designs, concepts, photographs, testimonials, and other items or materials (except for your personal information) disclosed or submitted to Abovecategorycycling.com through this Site or by other means (“Submissions”) are neither confidential nor proprietary to you. All submissions become ABOVE CATEGORY CYCLING’s property upon submission to Abovecategorycycling.com. By making a Submission to Abovecategorycycling.com, you assign to ABOVE CATEGORY CYCLING all rights, title and interests, including copyrights, in the Submission. ABOVE CATEGORY CYCLING has no obligation (i) to keep any Submission confidential; (ii) to pay you or anyone any compensation for any Submission or for using a Submission; or (iii) to respond to or acknowledge any Submission. You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a Submission, you agree that ABOVE CATEGORY CYCLING has the right (but not the obligation) to copy, publish, distribute or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any Submission you make.
This Site may contain links to other websites. ABOVE CATEGORY CYCLING is not responsible for the availability of, or any content or material contained in, or obtained through, any such sites. Abovecategorycycling.com does not, by linking to another site, or by making reference to any third-party information, products or services, endorse those sites or materials. Any questions or comments relating to any other site should be addressed to the operator of those sites. No linking to this website is permitted without ABOVE CATEGORY CYCLING’s prior written permission.
The ABOVE CATEGORY CYCLING products depicted on this Site are representative of the ABOVE CATEGORY CYCLING collection. Not all ABOVE CATEGORY CYCLING products are shown in this Site. Not all products shown on this Site are available through all ABOVE CATEGORY CYCLING dealers. The style, designs and colors of the ABOVE CATEGORY CYCLING products shown in this Site may be changed without notice.
Material in this Site may contain inaccuracies or typographical errors. ABOVE CATEGORY CYCLING is not liable or responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user’s reliance on information obtained from or through this Site. It is your responsibility to evaluate the information and other content available through this Site. This Site and the information and materials contained in this Site are subject to change at any time, and from time to time, without prior or subsequent notice.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
We have made every effort to display as accurately as possible the colors of our products that appear at the Sites. We cannot guarantee that your computer monitor’s display of any color will be accurate.
You agree to defend, indemnify and hold Above Category Cycling. harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Above Category Cycling agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) to Above Category Cycling ATTN:Legal, 38 Millwood St, Mill Valley Ca 94941, or (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile. Both you and Above Category Cycling agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Choice of Law
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of Marin and/or the Northern District of California. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of ABOVE CATEGORY CYCLING’S’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.
These terms are effective unless and until terminated by either you or Above Category Cycling. You may terminate this Agreement at any time. Above Category Cycling also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
This site and the contents of this site are provided on an “as is” and “as available” basis. ABOVE CATEGORY CYCLING makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms or trojan horses) or implied warranties of merchantability or fitness for a particular purpose, with respect to this site or its contents and expressly disclaims any representations and warranties. ABOVE CATEGORY CYCLING does not represent or warrant that the information contained in this site is accurate, complete or up-to-date, that this site is free of defects or that any defects will be remedied. You agree, by using this site, that your use of this site is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this site, and that ABOVE CATEGORY CYCLING shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of this site. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you.
If you are located in the United Kingdom, these Terms, and your use of this website shall be governed by the laws of England and any dispute will be resolved exclusively in the courts of England. Otherwise, these Terms, and your use of this website shall be governed by the laws of California and any dispute will be resolved exclusively in a court located in California. English is the only language offered for the making or conclusion of any contract regarding this website.