Version Date: 4.14
The Children's Online Privacy Protection Act ("COPPA") protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain personal information from anyone under the age of 13, unless or except as permitted by law. Any person who provides personal information through the Website represents to us that he or she is 13 years of age or older. If we learn that personal information has been collected from a user under 13 years of age on or through the Website, then we will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a child under 13 who has become a member of the Website or has otherwise transferred personal information to the Website, please contact Company using our contact information below to have that child's account terminated and information deleted.
GATHERING, USE AND DISCLOSURE OF NON-PERSONALLY-IDENTIFYING INFORMATION
Users of the Website Generally
"Non-Personally-Identifying Information" is information that, without the aid of additional information, cannot be directly associated with a specific person. "Personally-Identifying Information," by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person. Like most website operators, Company gathers from users of the Website Non-Personally-Identifying Information of the sort that Web browsers, depending on their settings, may make available. That information includes the user's Internet Protocol (IP) address, operating system and browser type, and the locations of the Web pages the user views right before arriving at, while navigating and immediately after leaving the Website. Company analyzes Non-Personally-Identifying Information gathered from users of the Website to help Company better understand how the Website is being used. By identifying patterns and trends in usage, Company is able to better design the Website to improve users' experiences, both in terms of content and ease of use. From time to time, Company may also release the Non-Personally-Identifying Information gathered from Website users in the aggregate, such as by publishing a report on trends in the usage of the Website.
Third Party Advertisers
We use third-party advertising companies to serve ads when you visit the Website. These companies may use information (not including any Personally-Identifying Information) about your visits to this and other websites that are contained in Web Cookies in order to provide advertisements about goods and services of interest to you. Using a tool created by the Network Advertising Initiative, you can opt out of several third party ad servers' and networks' Web Cookies simultaneously. If you would like more information about this practice and to know your choices about not having this information used by these companies, please follow the following link: http://networkadvertising.org/managing/opt_out.asp. Please contact us if you would like to know the identity of the third-party advertising companies we are currently using to serve ads.
We allow advertisers to choose the characteristics of users who will see their advertisements and we may use any of the non-personally identifiable attributes we have collected (including information you may have decided not to show to other users, such as your birth year or other sensitive personal information or preferences) to select the appropriate audience for those advertisements. We do not identify you to the advertiser.
A "Web Beacon" is an object that is embedded in a web page that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page or an email. Company may use Web Beacons on the Website and in emails to count users who have visited particular pages, viewed emails, and to deliver co-branded services. Web Beacons are not used to access users' Personally-Identifying Information; they are a technique Company may use to compile aggregated statistics about Website usage. Web Beacons collect only a limited set of information including a Web Cookie number, time and date of a page or email view, and a description of the page or email on which the Web Beacon resides. You may not decline Web Beacons, however, they can be rendered ineffective by declining all Web Cookies or modifying your browser setting to notify you each time a Web Cookie is tendered and permit you to accept or decline Web Cookies on an individual basis.
Aggregated and Non-Personally-Identifying Information
We may share aggregated and Non-Personally Identifying Information we collect under any of the above circumstances. We may also share it with third parties and our affiliate companies to develop and deliver targeted advertising on our Website and on websites of third parties. We may combine Non-Personally Identifying Information we collect with additional Non-Personally Identifying Information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our Website and the most popular features or services accessed. This information does not contain any Personally-Identifying Information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION
As defined above, Personally-Identifying Information is information that can be directly associated with a specific person. Company collects a range of Personally-Identifying Information from and about Website users. Much of the Personally-Identifying Information collected by Company about users is information provided by users themselves at the time they register to open an account. That information may include each user's name, address, email address, and telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We also may request information about your interests and activities, your gender, age, date of birth, username, hometown and other demographic information, and other relevant information as determined by Company from time to time. Users of the Website are under no obligation to provide Company with Personally-Identifying Information of any kind, with the caveat that a user's refusal to do so may prevent the user from using certain Website features.
BY REGISTERING WITH OR USING THE WEBSITE, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY IDENTIFYING INFORMATION AS DESCRIBED IN THIS "COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION" SECTION.
We may occasionally use your name and email address to send you notifications regarding new services offered by the Website that we think you may find valuable. We may also send you service-related announcements from time to time through the general operation of the service. Generally, you may opt out of such emails at the time of registration or through your account settings, though we reserve the right to send you notices about your account even if you opt out of all voluntary email notifications.
Company will disclose Personally-Identifying Information under the following circumstances:
Changing Personally-Identifying Information; Account Termination
CONTESTS, GIVEAWAYS AND SURVEYS
COLLECTION AND USE OF INFORMATION BY THIRD PARTIES GENERALLY
We take security of your Personally-Identifying Information seriously and use reasonable electronic, personnel, and physical measures to protect it from loss, theft, alteration, or misuse. However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view your information. We are not responsible for third party circumvention of any privacy settings or security measures.
The Website encrypts sensitive information such as your credit card number and your personal information using secure socket layer (SSL) technology to provide for the secure transmission of the information from your computer to our servers. In addition, we use commercially reasonable efforts to limit access to your Personally-Identifying Information to the employees, agents, and officers of Company who need the information for their jobs. All of our employees are kept up to date on our privacy and security practices. For more information about the security measures Company uses in connection with the Website, please contact us using the contact information found below.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to our privacy officer as listed below.
Shop Express, LLC
2425 Golden Hill Road, Suite 106-222
Paso Robles, CA 93446
This Master Subscription Agreement (this “Agreement”) governs the use of the services provided by Shop Express, LLC doing business as BikeShopExpress.com and BikeShop360 (“BikeShopExpress.com”) to the customer identified on an applicable Order Form that references this Agreement (“Customer”).
This Agreement sets forth the terms under which BikeShopExpress.com will provide Customer with access to and use of certain software-as-a-service offering(s), known as BikeShop360, which provide management solutions for Bike shops, including point of sale (POS), inventory maintenance, contact management, reports, purchase orders, work orders, gift card programs and additional features identified in the applicable Order Form or otherwise made available by BikeShopExpress.com from time to time (collectively, the “Services”). The term “Order Form” shall mean any ordering document or mechanism, including an online form, used by Customer to order the Services and which is accepted by BikeShopExpress.com and references this Agreement.
CUSTOMER ACCEPTS AND AGREES TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE ORDERING OR REGISTRATION PROCESS AND ALSO BY CONTINUING TO USE THE SERVICES. IF CUSTOMER DOES NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT BIKESHOPEXPRESS.COM MAY MAKE TO THIS AGREEMENT IN THE FUTURE, CUSTOMER SHOULD NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE SERVICES.
THE INDIVIDUAL ACCEPTING THIS AGREEMENT ON BEHALF OF CUSTOMER REPRESENTS THAT SUCH INDIVIDUAL IS AUTHORIZED TO BIND CUSTOMER TO THE TERMS OF THIS AGREEMENT.
The parties hereby agree as follows:
3. FEES; PAYMENT TERMS
4. LIMITED WARRANTIES
5. LIMITATION OF LIABILITY
IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO THE OTHER PARTY’S CONTENT OR DATA, COST OF COVER OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER ALLEGED AS A BREACH OF CONTRACT, TORT OR OTHER FORM OF ACTION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BIKESHOPEXPRESS.COM’S LIABILITY UNDER THIS AGREEMENT FOR ANY DIRECT DAMAGES OF ANY KIND WILL NOT EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY CUSTOMER TO BIKESHOPEXPRESS.COM UNDER THIS AGREEMENT DURING THE 3 MONTHS PRECEDING THE DATE ON WHICH A CLAIM FIRST ACCRUES.
6. CONFIDENTIAL INFORMATION
“Confidential Information” means information that Customer and its authorized users upload in its usage of the Services hereunder (i.e., Customer Data), the terms of this Agreement, the Services, any software provided by BikeShopExpress.com under this Agreement, the logon identifiers and passwords provided to Customer and its Authorized Users, the fees charged under this Agreement, any other materials marked confidential by Customer or BikeShopExpress.com and any other information conveyed under this Agreement that is identified in writing as confidential at the time of its conveyance. Each party acknowledges and agrees that: (a) the Confidential Information may constitute valuable trade secrets of the party owning such Confidential Information; (b) it will use Confidential Information solely in accordance with the provisions of this Agreement; and (c) it will not disclose, or permit to be disclosed, the Confidential Information of the other party to any third party without the disclosing party’s prior written consent. Each party will take all reasonable precautions necessary to safeguard the confidentiality of the other party’s Confidential Information including, at a minimum, those precautions taken by a party to protect its own Confidential Information, which will in no event be less than a reasonable degree of care. Confidential Information will not include information that is: (i) publicly available; (ii) already in the other party’s possession and not subject to a confidentiality obligation; (iii) obtained by the other party from any source without any obligation of confidentiality; (iv) independently developed by the other party without use of or reference to the disclosing party’s Confidential Information; or (v) required to be disclosed by order of a court or other governmental entity; provided no less than ten days’ notice is given to the party owning such Confidential Information so that such party may obtain a protective order or other equitable relief.
7. PROPRIETARY RIGHTS
Except for the license granted in Section 1, no right title or interest of intellectual property or other proprietary rights in and to the Services made available under this Agreement is transferred to Customer hereunder. BikeShopExpress.com and its third party licensors retain all right, title and interests, including, without limitation, all copyright and other proprietary rights in and to the Services and all, modifications, enhancements and derivatives thereof. Customer will retain all right, title and interest to the Customer Data and documents created by Customer using the Services.
8. MUTUAL INDEMNIFICATIONS
9. TERM AND TERMINATION
10. GOVERNING LAW; VENUE
This Agreement will be governed by the laws of the State of California, excluding its rules regarding conflicts of law. Venue for any dispute hereunder shall be a court of competent jurisdiction located in San Luis Obispo County, California, and the parties irrevocably submit to the exclusive jurisdiction of such courts.
11. EXPORT COMPLIANCE
The Services and other technology BikeShopExpress.com makes available, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied-party list. Customer shall not permit Authorized Users to access or use the Service in a U.S.-embargoed country (currently Cuba, Iran, North Korea, Sudan or Syria) or in violation of any U.S. export law or regulation.
Customer may not assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without BikeShopExpress.com’s prior written consent. BikeShopExpress.com may freely assign this Agreement.
13. GENERAL PROVISIONS
BikeShopExpress.com and Customer are independent contractors. Any notice required or permitted to be delivered pursuant to this Agreement shall be in writing (email sufficient). BikeShopExpress.com may modify this Agreement upon 30 days’ prior notice to Customer. Excluding payment obligations, neither party shall have any liability to the other or to third parties for any failure or delay in performing any obligation under this Agreement due to a Force Majeure Event (defined in Section 2.1 hereof). The failure of either party to enforce, or the delay by either party in enforcing, any of its rights under this Agreement will not be deemed to be a waiver or modification by such party of any of its rights under this Agreement. If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement. Customer grants BikeShopExpress.com the right to use Customer’s name in its website, press releases, product brochures and financial reports to indicate that Customer is a BikeShopExpress.com client. This Agreement may be executed in counterparts (including by means of telecopied signature pages), all of which shall be considered one and the same agreement. The headings used herein are for reference and convenience only and shall not enter into the interpretation hereof. No purchase order or any hand written or typewritten text on a purchase order which purports to modify or supplement the printed text of this Agreement or any Order Form shall add to or vary the terms of this Agreement. All such proposed variations or additions (whether submitted by BikeShopExpress.com or Customer) are objected to and shall have no force or effect. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract. This Agreement will not create any right or cause of action for any third party beneficiary or any other third party. This Agreement (including the Schedules hereto) contains the entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.
Customer Support Terms
These Customer Support Terms set forth the terms, conditions, and procedures under which maintenance and support ("Support") is offered for BikeShopExpress.com’s proprietary Software-as-a-Service offerings (collectively, the “Services”) during the Term of the Customer’s subscription for such Services as set forth in the applicable Order Form. Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement.
Scope. Support will consist of: (i) telephone support; (ii) correction of errors to keep the Services in conformance with the user documentation included in the Services; and (iii) updated versions of the Services provided by BikeShopExpress.com to its general customer base of subscribers at no additional charge. Support will not include: (i) set-up, installation, or configuration of hardware and software required for the Customer to access the Services; or (ii) consultation, error correction, or research with respect to Customer-created documents and information.
2. CUSTOMER SUPPORT
Technical Support. Customer will have access to BikeShopExpress.com’s technical support personnel ("Technical Support") as follows:
Hours: Monday - Friday, 08:00 am to 06:00pm PST (excluding US holidays).
Phone: Toll Free: 888-453-4794; Direct: 503-719-6683
Communications with Technical Support may be via telephone or e-mail. BikeShopExpress.com provides a single entry point of contact that routes requests/problems to the appropriate Technical Support.
3. SUPPORT ISSUES.
Support covers any issue or problem that is the result of a verifiable, replicable error (BikeShopExpress.com will use all reasonable means to verify and replicate) in the Services ("Verifiable Support Issue"). An error will be a Verifiable Support Issue if it constitutes a material failure by the Services to function in accordance with the BikeShopExpress.com documentation included in the Services. If Technical Support reasonably determines that Customer’s problem is not caused by BikeShopExpress.com or its systems, equipment, or software, BikeShopExpress.com is not obligated to provide support under this Agreement. Nevertheless, BikeShopExpress.com will, if possible, offer suggestions as to how Customer can remedy the problem. If BikeShopExpress.com determines that the issue was not the result of a Verifiable Support Issue, BikeShopExpress.com may offer to provide for out of scope professional services at BikeShopExpress.com’s then current rates upon its standard terms to address the issue.
4. ADDITIONAL SUPPORT.
Technical Support may also determine that Customer’s request is a request for "Additional Support." Additional Support is any assistance not covered above. Examples of Additional Support include substantive questions regarding data or results, requests for Services customization, specialized training regarding use of the Services, custom documentation, and consulting. If BikeShopExpress.com believes that it can appropriately and effectively provide the requested services, it will offer do so at its then-current rates upon its standard terms, subject to an Order Form.
5. CUSTOMER’S RESPONSIBILITIES.
Customer’s designated representative shall initiate all requests for Customer Support. The representative must be trained, qualified and authorized to communicate all necessary information, perform diagnostic testing under the direction of the BikeShopExpress.com service representative and be available during the performance of any Customer Support if required.
Update version, May 2014
Most orders are shipped within 3 business days. All orders are shipped via USPS, DHL, FedEx, UPS or comparable carrier. Processing time of your order can vary from 3-14 days depending on product availability, or in some cases up to 4-6 weeks. Orders shipped by ground service average 4-10 business days from date of order to reach its destination. Orders shipped by priority service (Priority Shipping) average 3-7 business days from date of order to reach its destination. Additional charges may apply depending on weight. We will notify you of any additional charges before shipping. When calculating actual ship date, please do not count Saturdays, Sundays or Federal Holidays. DHL will not ship to P.O. Boxes. Please include a complete street address for all orders. If ordering internationally, any taxes, customs, or related fees will be your responsibility at the time of receipt.
We accept Visa, MasterCard, Discover, and American Express. All online orders are processed through 128 bit SSL encryption to protect your credit card information during your online transaction. All prices and figures are listed in US Dollars.
All orders are nonrefundable. Damaged or defective product may be exchanged for a replacement.