Terms of Service

Terms and Conditions

Last updated: June 16, 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Country refers to: South Carolina, United States

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Imaginary BikeWorks LLC, 108-B MOHAWK DR.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Service refers to the Website.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the TermsFeed Terms and Conditions Generator.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Imaginary BikeWorks, accessible from imaginarybikeworks.com

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

When You place an order through Our Service, You will receive an order confirmation via email or through any other communication method provided by You. In addition to order placement, Our Service allows customers to create an account.

Order Placement and Account Creation

Account Creation

To enhance Your shopping experience and provide access to certain features and functionality, You may choose to create an account on Our Website. By creating an account, You agree to provide accurate and up-to-date information. It is Your responsibility to maintain the confidentiality of Your account information, including Your username and password, and You agree to accept responsibility for all activities that occur under Your account.

You must be at least 18 years old to create an account. The Company does not permit those under 18 to create an account.

By creating an account, You acknowledge and agree that any personal information You provide will be handled in accordance with Our Privacy Policy.

You are solely responsible for maintaining the security of Your account and for any actions taken using Your account. If You become aware of any unauthorized use or breach of security, You must notify Us immediately.

We reserve the right to terminate or suspend Your account at any time, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

By creating an account, You understand and agree that You are solely responsible for the accuracy, completeness, and security of Your account information. The Company shall not be liable for any loss or damage arising from Your failure to comply with this responsibility.

Termination or Deactivation of Account

You have the right to terminate or deactivate Your account at any time by contacting us or using the account settings provided on Our Website. Upon termination or deactivation, Your account information and any associated data may be deleted and cannot be recovered.

The Company reserves the right to terminate or suspend Your account, or restrict Your access to certain features or services, without prior notice or liability, for any reason, including but not limited to violations of these Terms and Conditions or suspected fraudulent, abusive, or unlawful activities.

You understand and agree that the termination or suspension of Your account may result in the loss of access to certain features, services, or content, and the Company shall not be liable to You or any third party for any such loss.

We encourage You to review Our Privacy Policy to understand how We handle Your personal information and account data.

By creating an account on Our Website, You acknowledge and agree to these provisions regarding account creation, termination, and deactivation.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Ownership of Content and Trademarks

All content, materials, and trademarks displayed or made available through Our Service, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, and software (collectively referred to as "Content"), are the exclusive property of Imaginary BikeWorks LLC or its licensors, and are protected by intellectual property laws.

You acknowledge and agree that the Company retains all right, title, and interest in and to the Content, including any intellectual property rights inherent therein or appurtenant thereto. You further acknowledge that the Content is protected by copyright, trademark, and other laws of both the United States and foreign countries.

Except as expressly authorized by the Company, You agree not to modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Content owned by the Company, without the prior written consent of the Company.

Trademarks, service marks, logos, and trade names displayed on Our Service are the exclusive property of the Company or their respective owners. You may not use any of these trademarks, service marks, logos, or trade names without the prior written permission of the Company or the respective owner.

Nothing in these Terms and Conditions grants You any right to use any trademarks, service marks, logos, or trade names of the Company or any third party.

Any unauthorized use of the Content or trademarks may violate copyright laws, trademark laws, privacy laws, and other applicable regulations and statutes. The Company reserves all rights not expressly granted in these Terms and Conditions.

Use of Customer Feedback and Reviews

By accessing or using Our Service, You acknowledge and agree that all Content and trademarks remain the exclusive property of the Company or their respective owners, and You shall not acquire any ownership rights therein.

We value and appreciate customer feedback and reviews regarding Our products and services. By submitting any feedback, reviews, suggestions, or similar content (collectively referred to as "Feedback") to Us, You grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such Feedback worldwide in any media.

You understand and agree that the Company may use Your Feedback for various purposes, including but not limited to improving Our products, enhancing Our services, marketing and promotional activities, and developing new features or offerings. The Company may also share Your Feedback with its employees, contractors, partners, or other third parties for the purpose of evaluating and implementing improvements.

You acknowledge that the Company is under no obligation to compensate You or provide any attribution for the Feedback You provide. You agree that the Feedback You provide does not contain confidential or proprietary information and that You have all necessary rights to grant the Company the aforementioned rights to use the Feedback.

Furthermore, You represent and warrant that Your Feedback is accurate, does not violate any third-party rights, and does not violate any applicable laws or regulations. You shall be solely responsible for any Feedback You submit and the consequences of sharing such Feedback.

The Company reserves the right, but not the obligation, to monitor, edit, or remove any Feedback that it determines, in its sole discretion, to be inappropriate, offensive, or in violation of these Terms and Conditions.

By providing Feedback to the Company, You acknowledge and agree to grant the Company the rights specified above and that Your provision of Feedback is voluntary and does not create any confidential, fiduciary, or contractual relationship between You and the Company.

We appreciate Your valuable Feedback and reviews, which help us improve and better serve Our customers. Thank you for Your contribution to enhancing Our products and services.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: imaginarybikeworks@gmail.com

By visiting this page on our website: www.imaginarybikeworks.com/terms-of-service