Terms of Service
CycleCrunch is an online website (hereafter the "Website") owned and
operated by Kapok Marketing, Inc., a Florida corporation, doing business as CycleCrunch
(hereafter the "Company").
If you continue to browse and use the Website you are
agreeing to comply with and be bound by the following terms and conditions of use (hereafter the "Terms"),
• General Information
. All content within the Website is for your general information and use only. It is subject
to change without notice.
• No Warranty or Guarantee
. Neither we nor any third parties provide any warranty
or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and
materials found or offered in the Website for any particular purpose. You acknowledge that such
information and materials may contain inaccuracies or errors and we expressly exclude
liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Limitation of Liabilities
. Your use of any information or materials in the
Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility
to ensure that any products, services or information available through the Website or the Company
meet your specific requirements.
In no event shall the Company be liable to you or any party related to you
for any indirect, incidental, consequential, special, exemplary, or punitive damages or lost profits, even
if the Company has been advised of the possibility of such damages. In any event, the Company's total aggregate
liability to you for all damages of every kind and type (regardless of whether based in contract or tort) shall
not exceed the greater of one hundred US dollars ($100) or the total amount you have paid the Company in the past
twelve months. In such a case where applicable law does not allow the limitation or exclusion of liability
or incidental or consequential damages, the Company's liability will be limited to the fullest extent
permitted by applicable law.
• Licensed Content & Reproduction
. The Website contains material which is owned by
or licensed to us. This material includes, but is not limited to, the design, layout,
look, appearance and graphics. Reproduction is strictly prohibited without the
Company's prior written consent.
• User Content
. When you upload, or otherwise provide content, to the Company,
you give the Company, and our third party vendors, a non-exclusive, transferable, royalty-free worldwide
license to use, store, host, reproduce, modify, create derivative works, communicate, publish, publicly perform,
publicly display, and distribute such content. The rights you grant in this license are for the
limited purpose of operating, promoting, improving, and developing the Website, and other services
provided by the Company. Make sure you have the necessary rights to grant us this license before you provide
the Company any content, via the Website or by any other means.
• Trademarks & References
. The Website may include references to third-party trademarks,
which are the property of their respective owners. Reference to any product, service, or other entity
by trademark does not constitute or imply the endorsement or recommendation by the Company.
The use of third-party trademarks is further explained and disclaimed at:
• Unauthorized Use
. Unauthorized use of the Website may give rise to a claim for damages and/or be a criminal offence.
• External Links
. From time to time the Website may also include links to other
websites. These links are provided for your convenience to provide further information. They do not signify
that we endorse the website(s). We have no responsibility for the content of the linked website(s).
. The invalidity or unenforceability of any provisions of these Terms shall not affect the validity
or enforceability of any other provision of these Terms, which shall remain in full force and effect.
• Jurisdiction & Venue
. Your use of the Website and any dispute arising out of such use of the Website shall be
governed by and construed in accordance with the domestic laws of the State of Florida,
and you agree and submit to the jurisdiction and venue of the Courts of Pinellas County, Florida,
and the Federal Court in and for the Middle District of Florida, to resolve any dispute arising hereunder
or related hereto. Any interpretation of the law governing the Website and these Terms shall be without regard
to Florida’s or any other jurisdiction’s conflicts of law rules. These Terms, together with the Website's
matter contained herein and supersedes and cancels any and all prior or contemporaneous agreements or
understandings, whether oral or written, between you and the Company with respect to the Website.
Please also read our Disclaimer
regarding any references to
Harley Davidson®, other motorcycle manufacturers, and any of their respective motorcycles.