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Terms of use

1.BikeExchange is a Venue

BikeExchange acts as a venue to allow users who comply with BikeExchange’s policies to offer, sell, and buy certain goods or services within a fixed-price format. BikeExchange is not directly involved in the transaction between buyers and sellers. As a result, BikeExchange has no control over the quality, safety, morality, pricing or legality of any aspect of the items listed; the truth or accuracy of the listings; or the ability of sellers to sell items or the ability of buyers to pay for items. BikeExchange does not pre-screen users or the content or information provided by users. BikeExchange cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, BikeExchange does not transfer legal ownership of items from the seller to the buyer.

BikeExchange cannot guarantee the true identity, age, and nationality of a user. BikeExchange encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

You agree that BikeExchange is a venue and as such is not responsible or liable for any content, for example, data, pricing, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on BikeExchange. You use the BikeExchange service at your own risk.

2. Membership Eligibility

Age: BikeExchange’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. BikeExchange may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use BikeExchange’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.

Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information immediately. If you believe that we might have any information from or about anyone under 13, please contact us at info@flattire.co

3. Fees and Billing

BikeExchange requires you to sign up for a monthly subscription to operate selling pages with BikeExchange. 

You authorize BikeExchange to keep your payment card information on file and to charge the card on file on the same day you signed up for an account of each calendar month for the service. Payments will be charged monthly to seller accounts based on the original purchase date. For example, if you originally paid on the 10th of February your account will be charged on the 10th of March, and the 10th of April, and so on. If the original payment date does not fall in the following month, seller accounts will be charged on the next available date. We will continue to charge the seller’s account until we are notified in writing of a desire to close out the account. Once written notice is received, your account will be closed following the 30 days notice period, or in accordance the cancellation terms of your agreement. . If your account is reviewed or updated during its currency and a new monthly billing date is agreed, ongoing monthly billing will then occur on the new date.

By agreeing to the Terms of Use, you have authorized BikeExchange to arrange for funds that may from time-to-time become due to BikeExchange under your account. These funds will be debited from your nominated account in amounts and at intervals as advised by BikeExchange to your financial institution.

All merchant sales on BikeExchange are subject to an agreed upon commission rate and merchant fees applicable at the time. This percentage does not include the shipping cost or tax. By establishing merchant services on BikeExchange you give us permission to automatically debit and credit funds from your settlement account for all amounts due. All merchant chargebacks are the responsibility of the merchant retailer. We will, however, be responsible for the charge backs that relate to commissions earned. All merchants are responsible for product fulfillment, returns, customer service, dispute resolution, and other normal transactional activities.

By selling on BikeExchange you give us permission to accept 100% payment of the goods or services sold. BikeExchange will pay vendors and merchants (less BikeExchange commission and any other applicable fees) for all completed and dispatched items in ten calendar days following the dispatch of the item. Payments will be via electronic transfer to your desired bank account. All vendors, merchants, and sellers must provide BikeExchange with the appropriate bank routing and account numbers in order to be paid.

Changes to the fees for BikeExchange’s services are effective after BikeExchange provides you with at least 14 days’ notice by posting the changes on the Site. However, BikeExchange may choose to temporarily change the fees for BikeExchange’s services for promotional events (for example, free listing days); such changes are effective when BikeExchange posts the temporary promotional event on the Site. BikeExchange may, at BikeExchange’s sole discretion, change some or all of BikeExchange’s services at any time. In the event BikeExchange introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

In certain situations, including but not limited to a void or invalid transaction, BikeExchange may issue a credit for the applicable fees to a seller’s billing statement. 

In the event that BikeExchange bills your account in error, you will be provided a refund. Any billing questions should be directed to your account manager, or sent to info@flattire.co

Fees and Termination: If BikeExchange terminates a listing or your account, if you close your account, or if the payment of your BikeExchange fees cannot be completed for any reason, you remain obligated to pay BikeExchange for all unpaid fees plus any penalties, if applicable. Cancellations of subscriptions must be received by BikeExchange in writing via mail or email (info@flattire.co)by 5.00pm (Eastern Time) to the below addresses:212 East Pittsburgh St，Greensburg,PA 15601

Cancellation of your subscription will result in a cessation to new billing in accordance with the cancellation terms on the seller’s original agreement with BikeExchange. All services relating to your BikeExchange account will end on the day that any cancellation is advised by and agreed with the seller by BikeExchange. In such cases no retroactive refunds will be made for any unused portion of the billing cycle. 

 

If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, please contact BikeExchange via email at info@flattire.co

4. Listing and Selling

Listing Description: All listings on BikeExchange must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with BikeExchange’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your BikeExchange account. Your listings may only include titles, text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing, including the make, model, year, condition, specs, description, and other relevant product information. If the “in stock” quantity is more than one, all items in that listing must be identical. BikeExchange reserves the right to remove any listings that do not meet the criteria listed above. 

Shop Policies: All sellers are urged to outline shop policies for their BikeExchange shop. These policies may include, for example, shipping, returns, payment, and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with BikeExchange’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. BikeExchange reserves the right to request that a seller modify or remove a shop policy.

Binding Sale: Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding and final. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner in accordance with the Bikeexchange Service Level Agreement, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding BikeExchange transaction fees, misrepresent the item’s location, or use another user’s account without permission. Violations of this policy can result in suspension of your account. 

Events & Ticketing: Events and tickets advertised on BikeExchange enables buyers to purchase and or reserve entry to specific events advertised by the seller. If the buyer has any queries or reservations about an event they are advised to contact the seller directly or review the event terms and conditions provided by the seller prior to purchasing.

5. Prohibited, Questionable, and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding BikeExchange and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on BikeExchange.

Restricted Activities: Your Content and your use of BikeExchange shall not:

    • Be false, inaccurate, or misleading;

    • Be fraudulent or involve the sale of illegal, counterfeit, or stolen items;

    • Infringe upon any third-party’s copyright, patent, trademark, trade secret, or other proprietary or intellectual property rights or rights of publicity or privacy;

    • Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

    • Involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies;

    • Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall;

    • Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including BikeExchange staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;

    • Interfere with a seller’s business or shop;

    • Take any action that may undermine online reviews or feedback;

    • Be obscene or contain child pornography;

    • Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information

      ;

    • Host images not part of a listing;

    • Modify, adapt, or hack BikeExchange or modify another website so as to falsely imply that it is associated with BikeExchange;

    • Appear to create liability for BikeExchange or cause BikeExchange to lose (in whole or in part) the services of BikeExchange’s ISPs or other suppliers; or

    • Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on BikeExchange.

    • Furthermore, you may not list any item on BikeExchange (or consummate any transaction that was initiated using BikeExchange’s service) that, by paying to BikeExchange the listing fee or the final value fee, could cause BikeExchange to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

6. Content

License: BikeExchange does not claim ownership rights in your Content. You grant BikeExchange a license solely to enable BikeExchange to use any information or Content you supply BikeExchange with, so that BikeExchange is not violating any rights you might have in that Content. You grant BikeExchange a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow BikeExchange to store, translate, or reformat your Content on BikeExchange and display your Content on BikeExchange in any way BikeExchange chooses. BikeExchange will only use personal information in accordance with BikeExchange’s Privacy Policy

As part of a transaction, you may obtain personal information, including email address and shipping information, from another BikeExchange user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for BikeExchange-related communications. BikeExchange has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, you are not licensed to add any BikeExchange user to your email or physical mail list. For more information, see BikeExchange’s Privacy Policy

Reposting Content: By posting Content on BikeExchange, it is possible for an outside website or a third party to repost that Content. You agree to hold BikeExchange harmless for any dispute concerning this use. If you choose to display your own BikeExchange-hosted image on another website, the image must provide a link back to its listing page on BikeExchange.

Idea Submissions: BikeExchange considers any unsolicited suggestions, ideas, proposals, or other material submitted to it by users via the Site, mobile applications, or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and BikeExchange shall not be liable for the disclosure or use of such Material. If, at BikeExchange’s request, any member sends Material to improve the site (for example through customer support), BikeExchange will also consider that Material to be non-confidential and non-proprietary and BikeExchange will not be liable for use or disclosure of the Material. Any communication by you to BikeExchange is subject to this Agreement. You hereby grant and agree to grant BikeExchange, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish, and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

7. Information Control

BikeExchange does not control the Content provided by users that is made available on BikeExchange. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using BikeExchange, you agree to accept such risks and that BikeExchange (and BikeExchange’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on BikeExchange. Please use caution, common sense, and practice safe buying and selling when using BikeExchange.

Other Resources: BikeExchange is not responsible for the availability of outside websites or resources linked to or referenced on the Site. BikeExchange does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that BikeExchange 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 websites or resources.

8. Resolution of Disputes and Release

Disputes with BikeExchange: In the event a dispute arises between you and BikeExchange, please contact BikeExchange. Any dispute arising from or relating to the subject matter of this Agreement shall be governed by and construed in accordance with the laws of the State of California including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. You agree that the state and federal courts in the County of Orange, State of California shall have sole and exclusive jurisdiction and venue for the resolution of all disputes arising under the terms of this Agreement and the transactions contemplated herein. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and BikeExchange agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred.

Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, BikeExchange encourages you to contact the user or third party to resolve the dispute amicably. You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. 

You release BikeExchange (and BikeExchange’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.