Terms of Use for Surlybiked

These Terms of Use (“Terms”) govern your access to and use of the Surlybiked website (www.surlybiked.com) (the “Website”), including all content, features, and services offered through the Website (e.g., product browsing, account creation, order placement, and customer support). By accessing or using the Website, you (“you” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Terms of Purchase. If you do not agree to these Terms, you may not access or use the Website.

1. Eligibility to Use the Website

To use the Website, you must:

Be at least 13 years of age (or the minimum age required by law in your jurisdiction to use online services). If you are under 18, you must have the consent of a parent or legal guardian to use the Website, and such parent or guardian must agree to these Terms on your behalf.
Have the legal capacity to enter into a binding agreement (or be acting with the consent of a person who does).
Comply with all applicable laws, regulations, and these Terms.

We reserve the right to restrict or terminate access to the Website for any user who fails to meet these eligibility requirements, or who violates these Terms.

2. Website Access and Use

2.1 Grant of Access

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal, non-commercial purposes (e.g., browsing products, researching EBikes, placing personal orders) or commercial purposes only if explicitly authorized by us in writing. This license does not include:

Reselling, renting, or sublicensing access to the Website or its content.
Scraping, crawling, or using automated tools (e.g., bots, spiders) to collect data from the Website without our prior written permission.
Modifying, adapting, or reverse-engineering any part of the Website or its underlying technology.

2.2 User Conduct

When using the Website, you agree to:

Provide accurate, complete, and current information when creating an account, placing orders, or interacting with our services (e.g., updating your shipping address or contact details promptly).
Protect your account credentials (e.g., username, password) and take responsibility for all activities conducted under your account. If you suspect unauthorized access to your account, notify us immediately at [email protected].
Use the Website only for lawful purposes and in a manner that does not harm, interfere with, or disrupt the Website, other users, or our business operations. This includes, but is not limited to, avoiding:
Uploading or sharing harmful content (e.g., viruses, malware, or defamatory material).
Impersonating Surlybiked, our employees, or other users.
Engaging in fraudulent activity (e.g., placing fake orders, using stolen payment methods, or misleading other users).
Violating any intellectual property rights, privacy laws, or third-party agreements.

3. Intellectual Property Rights

All content on the Website—including text, images, logos, product designs, trademarks (e.g., “Surlybiked,” “Touring EBikes,” “Trail EBikes”), and software—is the exclusive property of Surlybiked or our licensors, and is protected by copyright, trademark, and other intellectual property laws.

You may not:

Copy, reproduce, distribute, or display any content from the Website without our prior written permission.
Use our trademarks, logos, or brand names in any way that could cause confusion or imply affiliation with Surlybiked without our consent.
Modify or create derivative works based on Website content.

If you wish to use any of our intellectual property (e.g., for a review or promotional purposes), contact us at [email protected] to request permission.

4. Account Terms

4.1 Account Creation

To access certain features of the Website (e.g., tracking orders, saving payment methods), you may need to create an account. When creating an account:

You agree to provide truthful and up-to-date information. We may verify this information and suspend or terminate your account if it is found to be inaccurate or fraudulent.
You are responsible for maintaining the security of your account. We are not liable for any losses or damages resulting from unauthorized access to your account due to your failure to protect your credentials.

4.2 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, if:

You violate these Terms or our Privacy Policy.
Your account is inactive for an extended period (we will notify you via email before terminating an inactive account, where required by law).
We suspect fraudulent or unlawful activity associated with your account.

If you wish to delete your account, contact us at [email protected]. Upon deletion, we will retain your personal information only as required by law (e.g., for tax or order records) or as outlined in our Privacy Policy.

5. Website Content and Availability

5.1 Content Accuracy

We strive to ensure that Website content—including product descriptions, prices, and availability—is accurate and up-to-date. However, we do not guarantee the completeness, reliability, or timeliness of this content. For example:

Product images may differ slightly from the actual product (e.g., due to lighting or screen resolution).
Product availability may change without notice (e.g., if an EBike model is discontinued or out of stock).
Pricing errors may occur due to technical issues; we reserve the right to correct such errors and cancel or modify orders affected by them (as outlined in our Terms of Purchase).

5.2 Website Availability

We aim to keep the Website accessible 24/7, but we do not guarantee uninterrupted or error-free access. The Website may be temporarily unavailable due to:

Maintenance, updates, or technical issues.
Circumstances beyond our control (e.g., internet outages, cyberattacks, or natural disasters).

We will notify users of planned downtime when possible, but we are not liable for any losses or inconvenience caused by temporary Website unavailability.

6. Third-Party Links and Services

The Website may contain links to third-party websites or services (e.g., payment processors like PayPal, shipping carriers like UPS, or review platforms). These links are provided for your convenience only, and we do not endorse or control these third parties.

We are not responsible for the content, privacy practices, or performance of third-party websites or services. Your use of third-party links is at your own risk, and you should review the terms of use and privacy policies of those third parties before using their services.

7. Limitation of Liability

To the fullest extent permitted by law:

Surlybiked shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Website or our services (e.g., lost profits, business interruption, or damage to reputation).
Our total liability for any claims related to the Website or these Terms (e.g., for defective products or service errors) shall not exceed the amount you paid for the specific product or service giving rise to the claim.
We shall not be liable for any damages caused by circumstances beyond our control (e.g., carrier delays, customs issues, or extreme weather).

This limitation of liability does not apply to:

Damages caused by our gross negligence or intentional misconduct.
Personal injury or property damage resulting from defective products (as required by applicable consumer protection laws).
Fraud or fraudulent misrepresentation.

8. Indemnification

You agree to indemnify, defend, and hold harmless Surlybiked, our employees, directors, and affiliates from any claims, losses, damages, or expenses (including legal fees) arising from:

Your use of the Website or violation of these Terms.
Your account activities (e.g., unauthorized purchases or fraudulent behavior).
Your infringement of third-party rights (e.g., intellectual property or privacy rights).

9. Modifications to These Terms

We reserve the right to update or modify these Terms at any time. When we do so, we will:

Post the revised Terms on the Website with a new “last updated” date.
Notify you of significant changes via email (if you have provided your contact information) or by displaying a prominent notice on the Website.

Your continued use of the Website after the revised Terms are posted constitutes your acceptance of the changes. We recommend reviewing these Terms periodically to stay informed of updates.ody, e.g., American Arbitration Association (AAA)], and the decision of the arbitrator shall be final and binding.

11. Contact Us

If you have any questions, concerns, or requests related to these Terms of Use, please contact us at:

Email: [email protected]

Website: www.surlybiked.com