Release and Waiver
Beeline Connect, Inc. (Beeline) provides a software platform and web site (the “Web Site”) through which Beeline network of the Beeline Retailer independent network of bike shops (collectively “Beeline Retailers”) may provide services and sales to you (“Services”). Beeline and Beeline Retailers are pleased to be of service to you. Please review the following terms that govern any sales or services performed by Beeline. BY CLICKING ON THE “I AGREE” BUTTON OR ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT CLICK ON THE “I AGREE” BUTTON AND DO NOT ACCESS THIS WEBSITE OR USE ANY SERVICES.
- You certify that you are the owner of any bicycle that you have authorized a Beeline Retailer to service or repair.
- You understand that the service or repairs performed by Beeline Retailers may not be covered by any manufacturer warranties and may void the manufacturer warranties, if any, on your bicycle.
- You are aware that the sport of cycling involves numerous risks of injury or death. You assume all risks and hazards involved with cycling and assume all personal liability in case of injury. In the event of any damages, accident or loss (including, without limitation, personal injury or death) while operating a bicycle, you hereby expressly waive any and all claims against Beeline, its affiliates and the Beeline Retailers and release from any and all legal liability and agree not to sue or make a claim against, and to indemnify, defend and hold harmless Beeline, its affiliates and the Beeline Retailers, their owners, directors, officers and employees from any and all claims and causes of action, liabilities, costs or losses for property damage or physical or mental injuries, relating to or in any manner connected with any sales or services performed by Beeline or the Beeline Retailers. You also agree that this release binds your spouse, heirs, legal representatives, and assigns. If your employer or property manager introduced you to Beeline or any Beeline Retailers or if any of the services you receive hereunder have been or will be subsidized or facilitated by your employer or property manager, then, in addition to Beeline and the Beeline Retailers, you release and waive any claims against your employer and property manager in the manner set forth in this Release and Waiver agreement. If a Beeline Retailer is performing service or repair on your bicycle while parked on private or quasi-private property you also release and waive any claims against the owner of the private or quasi-private property, and owner’s affiliates, partners, directors, officers, shareholders, employees and agents.
- You understand that Beeline and the Beeline Retailers make no verbal or written warranties, whether express or implied, regarding the sales, services or any repairs performed by Beeline Retailers. BEELINE AND THE BEELINE RETAILERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUBJECT TO AND EXCEPT AS EXPRESSLY PROVIDED IN ANY MANUFACTURER WARRANTIES, THE SALES AND SERVICES ARE PROVIDED ON AN “AS IS” AND ”AS AVAILABLE“ BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BEELINE NOR ANY PERSON ASSOCIATED WITH BEELINE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF ANY SALES OR SERVICES PERFORMED BY BEELINE OR THE BEELILNE SERVICE PROVIDERS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- EXCEPT TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY, BEELINE AND THE BEELINE RETAILERS SHALL NOT BE LIABLE FOR ANY LOSS (EVEN IF SUCH LOSS ARISES AS A DIRECT OR IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES), NOR FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THESE TERMS OR OTHERWISE, EVEN IF BEELINE OR ANY BEELINE RETAILER HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. EXCEPT TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY, THE MAXIMUM LIABILITY OF BEELINE AND THE BEELINE RETAILER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, SHALL NOT UNDER ANY CIRCUMSTANCE EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY.
- These terms will be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of California. Any legal claim, suit, action or proceeding arising out of these terms or the matters contemplated hereunder or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule and shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Palo Alto and Santa Clara County, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum non conveniens. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these terms. These terms constitute the sole and entire agreement between you and Beeline and the Beeline Retailers with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. These terms may only be amended, modified or supplemented by an agreement in writing by non-preprinted agreements clearly understood by both parties to be an amendment or waiver and signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in these terms, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these terms shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. If any provision of these terms shall be adjudged by any court of competent jurisdiction to be illegal, unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect and enforceable, but shall not affect any other term or provision of these terms or invalidate or render unenforceable such term or provision in any other jurisdiction.