Terms & Conditions
The following terms & conditions apply to all visitors or users of HigherGroundBikes.com.
BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR — USE OF THE WEBSITE.
We refer to our brands as “we,” “us,” or “our” throughout this document. In the event of a violation of these rules and regulations, we reserve the right to seek all remedies available by law and in equity. These rules and regulations may be modified at any time and posted on www.HigherGroundBikes.com.
HigherGroundBikes.com and all of its Materials, including, but not limited to photographs, text, videos, audio, artwork, and software code are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided through this website as a service to its current and prospective visitors and may be used only for personal, informational, and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials.
You may access and view the content on the website on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the website, no right, title or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title of our Materials.
This license is subject to the following restrictions:
- You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its Materials.
- You may not access or use this website for any competitive or commercial purpose.
- You may not copy any of our Materials.
- Express written permission is required for any other use of these Materials.
- Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited.
- We may revoke this limited license at any time for any or no reason.
- All rights not expressly granted are reserved by Higher Ground Bicycle Co., as applicable.
Higher Ground Bicycle Co. retains all rights to patents, trademarks, brand names, and trade dress. These marks, names or trade dress, and all associated logos or images, may be registered or unregistered and are protected by U.S. and international laws and treaties. These marks may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders.
We have a no-tolerance policy regarding the use of our trademarks or names Higher Ground Bicycle Co. in metatags and/or hidden text. Associating or juxtaposing our website or its Materials with advertisements and/or other information not originating from Higher Ground Bicycle Co. is expressly prohibited.
Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition.
Higher Ground Bicycle Co. may, but are not obligated to, use any comments, know-how, text, photographs, images, idea, or techniques (“User Submissions”) contained in any communication you send to Higher Ground Bicycle Co. or provide to us for any purpose whatsoever. We may therefore use, reproduce, display, remove, edit or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, without any payment to or further authorization.
User Submissions may be accessed and viewed by others whether or not such User Submissions are published, Higher Ground Bicycle Co. does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of their publication on our website(assuming we choose to post them once submitted). Higher Ground Bicycle Co. reserves the right to determine in our sole discretion whether User Submissions are appropriate, whether they comply with these Site Rules, our standards, and applicable law, and whether they may be posted or removed.
Prohibited Uses of Website and Services
You shall not
- impersonate any person, business or entity, including our employees and agents
- post, transmit, upload, or promote any communications, content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer;
- submit or request any information that may be considered as threatening, harassing, unlawful, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable;
- post, upload, or promote any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; and
- encourage conduct that would constitute a criminal offense, give rise to civil liability, violate any law, or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Web Site and/or our related products.
Periodically, links may be established from this website to one or more external websites or resources operated by third parties (the “Third Party Sites”). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to this website. None of such links should be deemed to imply that Higher Ground Bicycle Co. endorses the Third Party Sites or any content therein.
We do not control and are not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available through such Third Party Sites. Access to any Third Party Sites is at your own risk and we will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
All features, specifications, products and prices of products and services described on www.HigherGroundBikes.com are subject to change at any time without notice. This website, including, without limitation, all services, features, content, functions and materials provided through the website, are provided “as is,” “as available,” without warranty of any kind. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on the website; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. Higher Ground Bicycle Co. reserves the right to block or deny access to the website to anyone at any time for any reason.
Higher Ground Bicycle Co. maintains www.HigherGroundBikes.com from offices within the State of Florida. We do not imply that the materials published on this website are appropriate for use outside of the United States. If you access this website from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users.
Limitation of Liability
In no event, including but not limited to negligence, shall we, our affiliates, or any of our directors, officers, employees, agents or content or service providers be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of this site or any other hyperlinked websites including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from use of or reliance on the information present, even if Higher Ground Bicycle Co. is expressly advised about the possibility of such damages. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
Notice for Copyright Infringement
We do not permit copyright infringing activities on this website. We may remove any content of any kind that a user posts to our sites if properly informed that the information infringes another’s copyright rights. We may terminate the ability to submit information if, under appropriate circumstances, anyone submitting information to this site is determined to be a repeat infringer.
If you are a copyright owner or an agent for such owner and believe that any information on this site infringes upon your copyrights, you may notify us in writing of any possible infringement or actions requested to be taken.
We attempt to maintain that the information posted on HigherGroundBikes.com is correct and up-to-date. We reserve the right to change or make corrections to any of the information provided on the website or in any of our materials at any time and without any prior warning or notice. Accordingly, this means we may terminate the authorization, rights and license given in these Site Rules at any time and without notice. Your continued use of this website after any changes to these Site Rules are posted will be considered acceptance of those changes.