NOTICES & TERMS OF USE

Detectable amounts of chemicals or substances known to the state of California to cause cancer, birth defects, or other reproductive harm may be present in the products advertised on this website. For more information: www.P65Warnings.ca.gov.

Ninerbikes.com uses remarketing to target visitors to our website. Third-party vendors, including Google show our ads across the internet using cookies to serve ads to past visitors to our website. You can opt out of Google’s use of cookies by visiting Google Ads Settings. Alternatively, you can opt out of third-party vendors’ use of cookies by visiting the Network Advertising Initiative opt-out page.

By using our website, you (the visitor) agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close your browser). We do this in order for the selected currency to remain selected and consistent when browsing our website so that the prices can convert to your (the visitor) local currency.

Third party websites, including Facebook, may use cookies, web beacons, and other storage technologies to collect or receive information about your visit to Ninerbikes.com. Your information may be used to provide measurement services and target ads. You may opt out of data collection and ad targeting at any time via the Digital Advertising Alliance and Your Online Choices.

TERMS OF USE
Welcome to the internet site (“Site”) of Niner Bicycles, one of the world’s leading providers of bicycles and accessories. The effective date of these Terms of Use is January 28, 2019.

Please read these Terms carefully so that you understand the conditions for accessing and using the Site and associated services. We may make changes to these Terms from time to time as our Site develops, so check back frequently. Your continued use of the Site and associated services following any posted changes to the Terms constitutes your consent to them. If you do not agree to the Terms, please do not use our Site.

By using this Site, you consent to our collection and use of Personal Information as discussed in our Privacy Policy, which is hereby incorporated into these Terms. A copy of the Privacy Policy can be accessed here.

This Site is intended to provide information and services for your personal use. We grant you a limited, nonexclusive, revocable license to make personal and non-commercial use of the Site. You may download and print a copy of the content, provided that such content is for your personal use (for example, printing a copy of the owner’s manual for your bike). Except as provided herein, this license does not include the right to modify, reproduce, copy, or resell any of the content of the Site. You may not bypass any technical measures used to prevent or restrict access to any portion of the Site; use any data mining, robots, or similar automated data gathering and extraction tools to access the Site; violate or attempt to violate the security of the Site; or interfere with or attempt to interfere with the proper working of the Site.

You agree to use this Site only for lawful purposes and in accordance with these Terms. You acknowledge that your use of this Site is at our sole discretion, and your license to use the Site may be terminated by us at any time. We reserve the right, in our sole discretion, to refuse service to anyone and to block or prevent your future access to and use of this Site.

Before you can make use of certain services associated with this Site, you may be required to register on the Site. You agree and warrant that all information you provide to us through this Site, including but not limited to any contact information and other registration information for your account, is truthful and accurate.

You agree to accept responsibility for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are neither responsible for nor liable for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.

Our Site may have features that allow users to upload materials to the Site or to our servers. You understand that all information, communications, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) are the sole responsibility of the person from which such Content originated. This means that you, and not Niner, are entirely responsible for all Content that you upload, transmit, or otherwise make available through the Site or any associated services.

You represent and warrant that you own or otherwise control the rights to any Content that you upload, transmit or otherwise make available through the Site; that use of the Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of the Content you provide will not cause injury to any person or entity. In line with, and without limiting, the foregoing, you specifically agree that you will not (a) provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic, or obscene material; (c) provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) provide any Content that contains software viruses or other harmful devices; or (e) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide.

You hereby grant us a royalty-free, non-exclusive right and license, perpetual and irrevocable except as provided below, to use and display the Content to provide you services on the Site.

In the event you determine, after submission, that you wish your Content to be removed from the Site, please notify us of your request by email to: info@ninerbikes.com, or in writing to: Niner Bicycles, 2330 E Prospect Rd, Fort Collins, CO 80525, indicating with specificity the Content to be removed.

The trademarks, service marks, slogans, logos and trade names identified on this Site are either Niner trademarks or trademarks of a third party licensor or other provider. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark.

All content on the Site, including without limitation text, photographs, graphics, layout, and design, is owned by Niner, or Niner has been granted permission to use the content. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any copyrighted material on the Site. Notwithstanding the foregoing, you may download a single copy of the content on the Site for your personal, noncommercial use, provided all copyright and other proprietary notices are kept intact and provided that you do not modify the content in any manner.

Disclaimer
THE CONTENT IN THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

BY USING THE SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

YOU FURTHER UNDERSTAND AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

You agree to indemnify, defend, and hold harmless Niner Bikes, its agents, distributors, and affiliates, and their officers, directors, and employees, from and against any claims, demands, damages, costs, and expenses, including without limitation reasonable attorney’s fees, arising from or related to your use of the Site, your submission of any Content, or your breach of any provision of these Terms or any warranty hereunder.

You agree that (i) all disputes concerning the construction, interpretation, validity, effect, and enforceability of these Terms will be governed by the laws of the State of California without regard to conflicts of laws provisions, (ii) exclusive jurisdiction over any legal action arising out of or in connection with the Site will be in state or federal courts located in or nearest to Torrance County, California, and (iii) your use of the Site constitutes consent to such jurisdiction and venue.

You agree that if you are dissatisfied with the Site, your sole and exclusive remedy is to discontinue using the Site.

Niner respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. Niner reserves the right to remove access to infringing material posted to its Site. Such actions do not affect or modify any other rights Niner may have under law or contract.

If you believe that any portion of the material contained on this Site infringes your copyright, notify Niner of your claim in accordance with the following procedure. We will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).

Written notification must be submitted to this site’s designated agent:

Lori Krafte
Partner

2700 Carew Tower | 441 Vine Street | Cincinnati, Ohio 45202-2917
P: 513-241-2324 | F: 513-241-6234

To be effective, the notification must be in writing and contain the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


Upon receipt of the written notification containing the information outlined above, Niner will:
Remove or disable access to the material that is alleged to be infringing;
 Forward the written notification to such alleged infringer;
Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.


A counter notification will be effective if in writing, provided to the designated agent, and including substantially the following:
A physical or electronic signature of the alleged infringer;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to jurisdiction of Federal District Court for the judicial district in which the address is located or, if outside of the United States, for any judicial district in which Niner may be found, and that the alleged infringer will accept service of process from the person who provided notification or the agent of such person.
Upon receipt of a counter notification containing the information outlined above, Niner will:
Promptly provide the complaining party with a copy of the counter notification;
Inform the complaining party that it will replace the removed material within ten (10) to fourteen (14) business days following the receipt of the counter notification, provided Niner’s designated agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity relating to the material on Niner’s network or system.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

If you have a question regarding Site policy, you may contact:
Niner Bicycles
2330 E Prospect Rd
Fort Collins, CO 80525
info@ninerbikes.com

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Purchases may only be shipped to a United States shipping address.