Terms of Service

Overview

This website is operated by Ekx Bike. Throughout this website, "we" and "our" refer to Ekx Bike. Ekx Bike provides this website, including all information, tools, and services offered to you (the user) by this website, provided that you accept all the terms, conditions, policies, and statements set forth herein.

By accessing our website and/or purchasing goods from us, you represent our use of our "Services" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including any additional terms, conditions, and policies cited herein and/or accessible via hyperlinks. These Terms of Service apply to all users of this website, including but not limited to visitors, suppliers, customers, merchants, and/or content contributors.

Please carefully read these Terms of Service before accessing or using this website. By accessing or using any part of this website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you will not be able to access this website or use any services. If these Terms of Service are considered an offer, acceptance is limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to these Terms of Service. You can view the latest version of the Terms of Service on this page at any time. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes on the website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after any changes are posted constitutes your acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that enables us to sell our products and services to you.

Part 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least of the legal age of majority in your state or province, or that you are of the legal age of majority in your state or province and consent to allow any of your minor dependents to use this website.

You may not use our products for any illegal or unauthorized purpose, nor may you use the Service in violation of any law (including, but not limited to, copyright law) in your jurisdiction.

You may not distribute any worms, viruses, or any destructive code.

A breach or violation of any of these Terms will result in the immediate termination of your Service.

Part 2 - General Terms
We reserve the right to refuse service to any person at any time for any reason.

You understand that your content (excluding credit card information) may be transmitted in unencrypted form and involves (a) transmission over various networks; and (b) modifications made to conform to and adapt to the technical requirements of connected networks or devices. Credit card information is always encrypted when transmitted over a network.

You agree not to copy, reproduce, reproduce, sell, resell, or exploit any part of the Service, use of the Service, access to the Service, or any contact method on the website that provides the service without our express written permission.

The headings used in this Agreement are for convenience only and do not limit or otherwise affect these terms.

Part 3 - Accuracy, Completeness, and Timeliness of Information

We are not responsible if the information provided on this website is inaccurate, incomplete, or outdated. The materials on this website are for general informational purposes only and should not be used as the sole basis for decision-making without consulting primary, more accurate, complete, or timely sources of information. Reliance on the materials on this website is at your own risk.

This website may contain some historical information. Historical information is not necessarily up-to-date and is for your reference only. We reserve the right to modify the content of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

Part 4 - Modification of Services and Prices

Our product prices are subject to change without notice.

We reserve the right to modify or terminate the Service (or any part or content thereof) at any time without notice.

We are not liable to you or any third party for any modification to the Service, price changes, suspension, or termination of the Service.

Part 5 - Products or Services (where applicable)

Some products or services may be available only online through the website. The quantity of these products or services may be limited and returns or exchanges are only possible in accordance with our refund policy: [Refund Policy Link]

We make every effort to display the colors and images of products appearing in the store as accurately as possible. We cannot guarantee that any colors displayed on your computer monitor will be accurate.

We reserve the right, but not the obligation, to restrict the sale of our products or services to any individual, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of any products or services we offer. All product descriptions or product pricing are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service on this website is invalid if prohibited.

We do not guarantee that the quality of any products, services, information, or other materials you purchase or receive will meet your expectations, nor do we guarantee that any errors in the service will be corrected.

Part 6 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel the quantity of purchases per person, per household, or per order. These limits may include orders placed from the same customer account or with the same credit card, and/or orders using the same billing and/or delivery address. If we change or cancel an order, we may attempt to notify you via the email and/or billing address/phone number provided when the order was placed. We reserve the right to limit or prohibit orders that, at our sole discretion, appear to have been placed by a reseller, reseller, or distributor. You

Agree to provide up-to-date, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card number and expiry date, so that we can complete your transactions and contact you if necessary. For more details, please see our Refund Policy: [Refund Policy Link]

Part 7 - Optional Tools

We may grant you access to third-party tools that we neither monitor, control, nor can we input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any liability. We are not liable for any liability arising from or related to your use of optional third-party tools.

Your use of any optional tools provided through the website is entirely at your own risk and judgment, and you should ensure that you are familiar with and agree to the terms of the tools provided by the relevant third-party providers.

We may also provide new services and/or features through the website in the future (including the release of new tools and resources). Such new features and/or new services will also be subject to these Terms of Service.

Part 8 - Third-Party Links

Some content, products, and services offered through our services may contain material from third parties.

Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy, nor do we warrant or assume any liability for any third-party materials or websites, or any other third-party materials, products, or services. We are not liable for any damages or losses arising from the purchase or use of goods, services, resources, content, or any other transactions on any third-party website. Please carefully read the policies and practices of third parties and ensure that you understand these policies and practices before making any transactions. Complaints, claims, doubts, or questions regarding third-party products should be directed directly to the third party.

Section 9 - User Comments, Feedback, and Other Submissions

If you submit certain content at our request (e.g., a contest entry), or send creative ideas, suggestions, proposals, plans, or other materials without our request, whether online, by email, by mail, or otherwise (collectively, “Comments”), you agree that we may edit, copy, publish, distribute, translate, and otherwise use any Comments you forward to us at any time without restriction. We have no obligation to (1) keep any Comments confidential; (2) indemnify any Comments; or (3) respond to any Comments.

We may, but are not obligated to, monitor, edit, or remove content that we deem illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your Comments will not infringe any rights of any third party, including copyright, trademark, privacy, personality rights, or other personal or proprietary rights. You further agree that your Comments will not contain defamatory or other illegal, abusive, or obscene material, or any computer virus or other malicious software that may in any way affect the operation of the Service or any related website. You must not use a false email address, impersonate another person, or otherwise mislead us or any third party about the source of any review. You are solely responsible for any reviews you post and their accuracy. We assume no responsibility for any reviews posted by you or any third party.

Part 10 - Personal Information
The personal information you submit through the store is governed by our Privacy Policy, which you can view here: [Privacy Policy Link]

Part 11 - Errors, Inaccuracies, and Omissions
Sometimes, information on our website or service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping costs, shipping times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time, as well as to change or update information or cancel orders, without prior notice (including after you have submitted an order). Unless required by law, we have no obligation to update, modify, or clarify information (including, but not limited to, pricing information) on the service or any related websites. The absence of any specified update or refresh date applied to the service or any related websites should not be construed as indicating that all information on the service or any related websites has been modified or updated.

Section 12 - Prohibition of Use

In addition to other prohibitions set forth in the Terms of Service, you are also prohibited from using this website or its content for: (a) any unlawful purpose; (b) inducing others to commit or participate in any unlawful act; (c) violating any international, federal, provincial, or state statute, rule, law, or local ordinance; (d) infringing or violating our intellectual property rights or the intellectual property rights of others; (e) harassing, abusing, insulting, harming, defaming, libeling, degrading, intimidating, or discriminating against others based on sex, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting false or misleading information; (g) uploading or distributing viruses or any other type of malicious code that will or may in any way affect the functionality or operation of this service or any related website, other website, or the Internet; (h) collecting or tracking the personal information of others; (i) sending spam, phishing, web phishing, excuses, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) Interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibition.

Section 13 - Disclaimer; Limitation of Liability

We do not warrant, represent, or guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not guarantee that the results you may obtain from using the Service will be accurate or reliable.

You agree that we may remove the Service indefinitely from time to time or cancel the Service at any time without notice to you.

You expressly agree that you use or are unable to use the Service at your own risk. The Service and all products and services delivered to you through the Service (unless we expressly state otherwise) are provided to you "as is" and "as available" without any representations, warranties, or conditions, express or implied, including all implied warranties or conditions regarding merchantability, merchantability, fitness for a particular purpose, durability, title, and non-infringement.

Under no circumstances shall Ekx Bike, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or other cause, arising out of or in any way related to your use of any Service or any products purchased using the Service, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising out of your use of the Service or any content (or products) published, transmitted, or otherwise made available through the Service, even if advised of its possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for indirect or incidental damages, our liability shall be limited to the maximum extent permitted by law in those states or jurisdictions.

Section 14 - Indemnification
You agree to indemnify, defend, and hold harmless Ekx Bike and its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any claim or demand, including reasonable attorneys' fees, arising out of or relating to your breach of these Terms of Service or by reference to documents incorporated herein, or your violation of any law or the rights of any third party.

Section 15 - Severability
If any provision of these Terms of Service is held to be illegal, invalid, or unenforceable, such provision shall remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 - Termination
Obligations and liabilities incurred by either party prior to the termination date shall remain in force and effect upon termination of this Agreement.

These Terms of Service shall remain in force and effect unless terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or cease using our website.

We may terminate this Agreement at any time without notice if we determine in our sole discretion that you have failed to comply with, or we suspect that you have failed to comply with, any term or provision of these Terms of Service, and you shall remain liable for all amounts due up to the date of termination; and/or may therefore refuse you access to our Services (or any part thereof).

Section 17 - Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, along with any policies or operating rules we post on this website or in connection with the Services, constitute the entire agreement and understanding between you and us, and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and offers between you and us, whether oral or written (including, but not limited to, any prior versions of these Terms of Service).

No ambiguity in the interpretation of these Terms of Service shall be construed as adverse to the drafter.

Section 18 - Applicable Law
These Terms of Service, and any separate agreements we provide to you regarding the provision of services, shall be governed by and construed in accordance with the laws of the United States.

Section 19 - Changes to the Terms of Service
You can view the latest version of the Terms of Service at any time on this page.

We reserve the right to update, change, or replace any part of these Terms of Service at our sole discretion by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or services after any changes are posted in these Terms of Service constitutes your acceptance of those changes.

Section 20 - Contact Information: For any questions regarding the Terms of Service, please email info@ekxbike.com.

Our contact information is as follows:info@ekxbike.com.