We will use our best judgement and expertise to determine the best method for shipping your item to you.  We will charge an appropriate rate for that service based on the prevailing rates from legitimate shippers such as UPS, Fed-Ex and USPS.

 

Habersham Bicycles
Website Terms of Service

TERMS AND CONDITIONS

Welcome to Habersham Bicycles, where we provide information, goods and services to you subject to the
following conditions. If you visit, download information, or shop at Habersham Bicycles,
www.habershambicycles.com (hereinafter referred to as the “Site”), you accept these conditions. Please
read them carefully.
By using this website located at Habersham Bicycles, www.habershambicycles.com (the “Site”), you
signify your agreement to all terms, conditions and notices contained or referenced herein. If you do not
agree with the terms and conditions of using this Site Use Agreement, please do not use this site. We
reserve the right, as determined in our sole discretion, to update or revise any terms or conditions herein
at anytime. Please check the Site Use Agreement periodically for changes.

SITE ACCOUNT

If you use this Site, you are responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer. You agree to accept responsibility for all activities that occur
under your account or password. Habersham Bicycles sells goods and services to adults who can purchase
with a credit card or other similar means. If you are under 18 years of age, you may use the Site only with
involvement and consent of a parent or guardian. Habersham Bicycles reserves the right to at any time
refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

LICENSE AND SITE ACCESS

Use of the Site grants authorized persons a limited license to access and make personal use of this Site,
and not to download (other than page caching) or modify the Site, or any portion of it, except with
express written consent of Habersham Bicycles. This license does not include any resale or commercial
use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any
derivative use of this Site or its contents; any downloading or copying of account information for the
benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction
tools. This Site, nor any portion of this Site, may not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without express written consent of Habersham
Bicycles. You may not frame or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including, but not limited to images, text, page layout, or form) displayed within
the Site without our express written consent. You may not use any Meta tags or any other “hidden text”
utilizing the Habersham Bicycles name or derivative names or marks, without the express written consent
of Habersham Bicycles. Any unauthorized Site use terminates the permission or license granted
by Habersham Bicycles. You, as a consumer, are granted a limited, revocable, and nonexclusive right to
create a hyperlink to Habersham Bicycles, so long as the link does not portray Habersham Bicycles, or
their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not
use any Habersham Bicycles logo or other proprietary graphic or trademark as part of the link without our
express written permission.

RESTRICTIONS ON USE OF MATERIALS

This Site is owned and operated by Habersham Bicycles (referred to as “Habersham Bicycles”, “we,”
“us,” or “our” herein). All information of any kind or nature, received, viewed or communicated in
connection with the Site, including customer account information, is deemed to be owned, controlled and
reserved for any and all legitimate business purposes, without limitation, by Habersham Bicycles. No
materials, information, data, or images may be copied, reproduced, transmitted, republished, uploaded,
posted, or distributed in any way, except that you may download one copy of the materials on any single
computer for your non-commercial use only, provided that you keep intact all copyright and other
proprietary notices. Modification or use of the materials, information, goods, or services obtained through
use of the Site, or use of the materials within the Site for any other purpose, is a violation of Habersham
Bicycles copyright and other proprietary and contractual rights. The use of any such material on any other
website or networked computer environment is prohibited. Except as otherwise indicated on this Site and
except for the trademarks, service marks and trade names of other companies that are displayed on the
Site, all trademarks, service marks and trade names are proprietary to Habersham Bicycles.
In the event that you access or download any textual information, images, data, or software from the Site,
the software, including any textual information, images, files, images incorporated in or generated by the
software, and data accompanying the software (collectively, the “Software”) are non-exclusively licensed
to you, as an authorized user, under this Site Use Agreement. Habersham Bicycles reserves all rights to
information, data, images, files, or software, licensed or unlicensed, and does not transfer title to them or
related Software to you. Habersham Bicycles retains full and complete title to the Software, and all
intellectual property rights therein to you. You may not redistribute, sell, decompile, reverse engineer,
disassemble, or otherwise reduce any textual information, images, files, data or Software to any human-
perceivable form, without the exclusive written permission of Habersham Bicycles, as evidenced by the
signature authority of a duly authorized corporate officer.

PROHIBITED USES OF SITE

Commercial Distributors, Wholesalers, Manufacturers, together with their respective Officers, Directors,
Employees, Agents, Successors, and Assigns, (hereinafter referred to as “Commercial Entities”), are
prohibited from using the Site for any purpose, or accessing or purchasing goods or services resulting
from use of the Site. Commercial Entities improperly utilizing this Site as set forth in this Agreement in
any manner, shall, without limitation, indemnify and hold Habersham Bicycles harmless for any and all
losses or damages sustained by Habersham Bicycles, of losses or damages of whatever kind or nature,
including actual attorney fees, damages, fees and court costs, resulting from any use of any information,
photos, images, data, pages, goods or services obtained through the use of our web site. Any Commercial
Entities who falsely represent themselves as “consumers” or “store fitted customers” wrongfully using the
Site or undertaking the purchase of goods or services offered through the Site through any means
whatsoever, including, but not limited to, purchases effected by email, instant message, facsimile,
purchase order, telephone, e-commerce or any other means whatsoever, or, who undertake any act,
intended or unintended, to in any way initiate, construe, allege, claim or represent any claimed violation
of third party manufacturer sales distribution agreements to any party, either in oral or written form,
which results in consequential losses and damages, or loss of business opportunity, shall be held legally
responsible for any and all resulting losses or consequential damages sustained by Habersham Bicycles It
is explicitly understood that Habersham Bicycles hereby reserves it’s right to seek and obtain immediate
temporary or injunctive relief orders against any Commercial Entities through a Court of Competent
jurisdiction, without imposition of bond, at any time. Habersham Bicycles further reserves it’s right to
seek any appropriate additional consequential damages sustained through the prohibited use of the Site,
any alleged act constituting tortuous business interference or any other contractual breach deemed to in

any way harm Habersham Bicycles’s ability to sell any goods or service, resulting from a judicial
determination by a Court of competent jurisdiction as set forth in this Agreement
PRODUCT DESCRIPTIONS AND PRICES

Habersham Bicycles attempts to be as accurate as possible. However, Habersham Bicycles does not
warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or
error-free. If a product offered by Habersham Bicycles itself is not as described, your sole remedy is to
return it and its packaging in unused condition. Habersham Bicycles will make every effort to maintain
current, accurate prices in our online catalog. In the event of inventory or pricing errors, Habersham
Bicycles reserves the right to decline or cancel any orders where mistakes or discrepancies in price or
stock status exist regardless of the source of the error.

LIMITATION OF LIABILITY

In no event will Habersham Bicycles be liable to any party, for any direct, indirect, special, incidental or
consequential damages for any losses associated with use of the Site, or the textual information, images,
data, files, software or materials found within, including, without limitation, any lost profits, business
interruption, loss of programs or other data, even if Habersham Bicycles is expressly advised of the
possibility of such damages.

INDEMNIFICATION

You agree to hold Habersham Bicycles and its employees, representatives, agents, attorneys, affiliates,
directors, officers, managers and shareholders (the “Indemnified Parties”) harmless from any damage,
loss, cost, or expense (including without limitation attorney‘s fees and costs) incurred in connection with
any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified
Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these TAC
by you or (ii) arising from, related to, or connected with the Website. If you are obligated to provide
indemnification pursuant to this provision, Habersham Bicycles may in its sole and absolute discretion,
control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you
may not settle, compromise or in any other manner dispose of any Claim without the consent of
Habersham Bicycles. In some states, including the State of New Jersey, there are limitations on the
enforceability of indemnification agreements in connection with consumer purchases of goods or
services. In those states, this provision shall be enforceable to the fullest extent permitted by law.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service.
Any such determination shall not affect the validity and enforceability of any other remaining provisions.

GOVERNING LAW

These terms and conditions are governed by and construed in accordance with the laws of the State of
Georgia and you, by utilizing the Site, irrevocably submit to the exclusive jurisdiction of the courts in
Habersham County, Georgia.