TERMS OF SERVICE
Last updated: March 01, 2021
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.goodyearbike.com website (the “Service”) operated by Rubber Kinetics LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors, and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes, and Promotions
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
– an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
– a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
– identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
– your address, telephone number, and email address;
– a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
– a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at email@example.com
The Service and its original content, features, and functionality are and will remain the exclusive property of Rubber Kinetics Corp. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Rubber Kinetics Corp.
Links To Other Web Sites
Our Service may contain links to third party websites or services that are not owned or controlled by Rubber Kinetics Corp.
Rubber Kinetics Corp. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Rubber Kinetics Corp. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Rubber Kinetics LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Rubber Kinetics Corp., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Rubber Kinetics Corp., its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Although we’re sure you’ll be happy with each and every of our products, from time to time unforeseen circumstances can arise. If you find that you need to return or exchange a product purchased via goodyearbike.com, please refer to the instructions and guidelines below.
If you believe that you have uncovered an issue with the product that might be considered a warranty-related issue, please review our warranty policy on this site and then contact us at firstname.lastname@example.org to discuss.
– Returns are only available for purchases made directly from goodyearbike.com or rubberkinetics.com; any purchases made from another retailer must be processed through them.
– Returns will only be accepted for unused products in original packaging, within 30 days of order, and with an authorizing RMA #.
– To obtain an RMA and shipping instructions, please contact email@example.com. A valid receipt is required for processing.
– Returns will be processed within 4-7 days of receipt by Goodyear Bicycle Tires, and a refund will be posted via the same means of payment from the original order.
– Customer is responsible for return shipping of all non-warranty returns.
– Factory seconds, damaged packaging, pre-used, media samples or similar are sold/provided as “FINAL” and may not be returned.
– Exchanges are only available for purchases made directly from goodyearbike.com; any purchases made from another retailer must be processed via that channel.
– Exchanges will only be accepted for unused products in original packaging, within 30 days of order, and with an authorizing RMA #.
– To obtain an RMA and shipping instructions, please contact firstname.lastname@example.org. A valid receipt is required for processing.
– Exchanges will be processed within 4-7 days of receipt by Goodyear Bicycle Tires, and only after email confirmation of replacement product has been communicated and agreed upon between Goodyear Bicycle Tires and the Customer.
– Customer is responsible for return shipping of all non-warranty exchanges.
– Factory seconds, damaged packaging, pre-used, media samples or similar are sold/provided as “FINAL” and may not be exchanged.
This warranty does not apply to damage or loss caused by any of the following circumstances or conditions: (a) Freight damage, (b) Modification of the product(s), (c) Parts, accessories, materials, or components not authorized in writing by Rubber Kinetics Corp., (d) Misapplication, misuse, and failure to follow the directions or observe cautions and warnings on installation, operations, application, inspection, or maintenance specified in any Rubber Kinetics Corp. quotation, acknowledgement, sales literature, specification sheet, or installation instruction and service manual (“applicable literature”).
Further, this warranty does not apply to factory seconds, product in damaged packaging, media samples, or OE-packaged product sold in aftermarket/retail channels.
If any Rubber Kinetics Corp. products are found upon Rubber Kinetics Corp.’s examination to have been defective when supplied, Rubber Kinetics Corp. will either: credit the purchaser’s account for the purchase price of the Rubber Kinetics Corp. product, replace the Rubber Kinetics Corp. product, or repair the product. Rubber Kinetics Corp. has sole discretion in choosing which option to provide. For this LIMITED WARRANTY to apply, Rubber Kinetics Corp. must receive notice of the alleged defect within 30 days of either the discovery of the alleged defect or the expiration of the warranty period, whichever is earlier. Any claim not made within this period shall conclusively be deemed waived.
If requested by Rubber Kinetics Corp., purchaser shall return the alleged defective product to Rubber Kinetics Corp. for examination at Rubber Kinetics Corp.’s direction and expense. Rubber Kinetics Corp. will not pay for expenses incurred in returning a product to Rubber Kinetics Corp. without Rubber Kinetics Corp.’s prior written authority. Rubber Kinetics Corp. shall not be liable for any other expenses purchaser incurs to remedy any defect. Purchasers waive subrogation on all claims under any insurance.