TERMS AND CONDITIONS FOR USE AND COMMERCE (“TCUC”)

WWW.BIKERECYCLERY.COM is a website/online business owned and operated by Bike Recyclery, LLC (the “Company”). The Company is an Oregon limited liability company that is in the business of the purchase and resale of bicycle parts and components. Much of what the Company sells is of an indeterminate age and in many cases used. The Company conducts a cursory and reasonable screening of parts and components to determine that the part or component is serviceable for use. The Company’s review does not include any inspection for latent or non-obvious defects. Given the nature of the Company’s business, other than being reasonably accurate in its description of the parts and components that it sells, it does not warrant or guaranty anything to do with the parts or the components. All information, descriptions and the component or part are sold “AS IS” with no warranties and under the strict doctrine of caveat emptor (“buyer beware”). Without regard to any conflict of law, analysis, all transactions with the Company are deemed to have occurred in the State of Oregon and the venue for any and all disputes with the Company shall be a court of competent jurisdiction in Portland Oregon. All users of the Company’s website or other interaction accept that cycling is and can be an ultrahazardous activity which may result in death, dismemberment, and significant injury. The Company urges all users to seek the assistance of competent mechanics with appropriate tools to service any bicycle or install any part or component purchased through the Company.

You also agree that Paragraphs 1-5 set forth below specifically apply to any commercial, business or consumer relationship that you have or may have with the Company.

1. Acceptance Of TCUC

By browsing the website, www.BikeRecyclery.com, or in any way interacting with the Company, including but not limited to viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to the Company, you agree to be bound by these TCUC. You understand, agree, and acknowledge that the TCUC constitutes a legally binding agreement between you and the Company.

2. Warranties

The Company does not manufacture, remanufacture, or reconfigure any of the parts and components that it sells. Accordingly, the Company does not extend any warranties or guaranties for use or fitness. Everything is sold AS IS with the admonition of caveat emptor. All products sold are described as new old stock or used. The Company does not convey or otherwise extend any manufacturer's warranty. The Company reviews and assesses all products, but it makes no guarantees about structural integrity or functionality. The Company is not responsible for injury, death, or any physical or damage while using products sold by the Company. You, the customer and end user, expressly agree to waive any claims and or causes of action you may ever have for any alleged damage whether such alleged damage is for personal injury, property damage or any economic damages whether such damage is direct or consequential. The parties hereto (the Company and you) further agree that the statute of limitations for any legal action by you whether in law or equity shall be not later than one (1) year from the date of transaction or purchase.

3. Proprietary Rights

You acknowledge and agree that the Company exclusively owns all its proprietary and confidential information including trademarks, service marks and patents. The Company authorizes you to view and make a single copy of portions of its content for educational, personal and non-commercial use. The Company’s content may not be sold, reproduced, or distributed without written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.

4. External Content

The Company may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that the Company. is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.

5. Entire Agreement

You understand and agree that the above TUCU are the sole agreement governing the relationship between you and the Company. The TUCU may only be amended by a writing from the Company’s Manager. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.