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You should also be aware that Bikekinetix® has a Privacy Policy, also available on this web site. Lynn Creative believes in protecting user privacy.

This Notice covers the following topics:

Section 1: Copyright and Trademark Limitations
Section 2: Unauthorized Modifications
Section 3: Disclaimers
Section 4: Links to Third Party Sites
Section 5: Modification / Amendment to Agreement
Section 6: Applicable Law
Section 7: Miscellaneous / Entire Agreement

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS OF SERVICE.

This Terms of Use Statement contains the terms and conditions governing www.bikekinetix.com (the “Site”). The Site is owned and operated by Lynn Creative Inc. (Lynn Creative). Please note that this Terms of Use Policy is subject to change in the future without notice. Using this Site constitutes your acceptance of all the terms and conditions contained in this Terms of Use Statement.

Copyright and Trademark Limitations

Bikekinetix® is a Registered Trademark of Lynn Creative Inc. All content included in the Site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Lynn Creative or its content suppliers and protected by U.S. and international copyright laws.

 

The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Lynn Creative and protected by U.S. and international copyright laws. All software used on the Site is the property of Lynn Creative and protected by U.S. and international copyright laws and all rights not expressly granted are reserved by Lynn Creative and its officers.

Copyright ©1999-2008 Lynn Creative. Inc. located at :
477 FDR Drive Suite M1901, New York, N. Y. 10002
ALL RIGHTS RESERVED.

Permission is granted to view and use the Site solely for the sole purpose of using the Site as an information or shopping resource, providing information to the Site, contacting Lynn Creative, Inc. for further information and downloading product or service information for your personal review. Any other use, including, but not limited to the (a) reproduction, modification, distribution, transmission, republication or (b) display or performance for redistribution to third parties for commercial purposes or (c) the collection and use of any listings or descriptions or (d) use of any data mining, robots or similar data gathering and extraction methods or (e) making derivative uses of the Site or its contents or (f) transmitted or posted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, of the content of the Site, in whole or in part, is strictly prohibited without the prior written permission of Lynn Creative or respective copyright owners.

If in the event permission is granted to redistribute, publish or retransmit any copyrighted material, you agree not to modify or delete any copyright or proprietary notices from the materials. Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, trade secret, copyright or other proprietary or industrial right of Lynn Creative., Inc., its affiliates or any third party.

All trademarks, logos, service marks and trade names are proprietary to Lynn Creative, or other respective owners that have granted the Site the right and license to use such intellectual property. All other trademarks, registered trademarks, product names and company names or logos mentioned or contained on the Site are the property of their respective owners. Bikekinetix® makes no warranty that any other materials contained herein are free of Copyright or Trademark claims or other restrictions or limitations on free use or display.

Making a copy of such material may be subject to copyright and trademark laws such as trade dress, trademark, unfair competition, and other laws. Your failure to comply with this Terms of Use Statement will constitute breach of contract and will violate Lynn Creative's copyright, trademark and other proprietary and industrial property rights.

Unauthorized Modifications

Do not capture our pages within frames, or otherwise present our content as your own or enclose any Bikekinetix® trademark, logo or other proprietary information (including the images found at the Site, the content of the Site, or the layout of any page or form contained on a page) without Lynn Creative Inc's express written consent. You may not link to individual graphics or tables within our pages, especially in an effort to place the downloading burden on our servers. You may not use any meta tags or any other "hidden text" or advertising copy utilizing Lynn Creative's or other respective owners propietary logos, trademarks, service marks or trade names without Lynn Creative's or respective owner's express written consent. Unauthorized attempts to modify or modifications of any information or graphic material stored on the Bikekinetix® web pages may result in criminal prosecution.

We appreciate your cooperation. Let us know if you find Bikekinetix® materials on other web sites. Please contact us to report the theft.

Disclaimers

Lynn Creative publishes information on its Site to provide information, tips and resources related to the sport of bicycling and mountain biking. Lynn Creative uses reasonable efforts to include accurate and up-to-date information on the Site; it does not, however, make any representations as to its accuracy or completeness nor shall Lynn Creative be liable for its failure to update such information. The documents and related graphics published on this server could include inaccuracies or typographical errors.

The maps on this site have been simplified to provide only an overview with approximate locations of trails and special features as a courtesy to our visitors. The trails described herein are legal for mountain bike use but rules can change. Permission to use trails should not be assumed. Changes are periodically added to the information herein. Bikekinetix® and/or its respective suppliers may make improvements and/or changes in the products(s) and/or the programs(s) described herein at any time. Bikekinetix.com makes no representation that any published content is appropriate or authorized for use in all countries, states, provinces, counties, or jurisdictions; if you choose to access this site, you assume total responsibility and risk for your use of this Site and are responsible for compliance with all applicable laws.

Outdoor recreational activities are by their very nature potentially hazardous. All participants in such activities must assume responsibility for their own actions and safety. The information contained in this web site cannot replace sound judgment and good decision-making skills. The scope of this web site does not allow for disclosure of all the potential risks and hazards in such activities. Prepare for the unexpected, and be cautious.

IN NO EVENT SHALL BIKEKINETIX® ITS OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, EVEN IF LYNN CREATIVE, INC. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM WHATEVER CAUSE, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, DAMAGE OF ANY TYPE, TANGIBLE OR INTANGIBLE IN NATURE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, LYNN CREATIVE'S SITE.

The materials and information provided on this web site are provided "as is." No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the contents of this web site or its hyperlinks to other Internet resources. Lynn Creative reserves the right to withdraw access to the Site or to revise the content at any time without notice.

Reference in this web site to any specific commercial products, processes, or services, or the use of any trade, firm, or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by Bikekinetix®, Lynn Creative Inc., or it's officers, employees or agents.

Links to Third Party Sites

As a convenience, we may provide links to third party web sites from the Site. These links are provided solely as a courtesy and convenience to you, the visitor. Bikekinetix.com, Lynn Creative Inc., it's officers or employees, exercise no control over the organizations, views, accuracy, copyright or trademark, compliance or the legality of the material contained on those servers and do not sponsor, endorse, or approve the information, content, proceeds, materials, opinions or services contained on such external sites. The visitor proceeds to those external sites at their own risk. Bikekinetix® and Lynn Creative Inc specifically disclaims any and all liability from damages, which may result from the accessing of a third-party site, which is linked to the Bikekinetix® web site, or from reliance upon only such information.

Modification / Amendment To Agreement

Lynn Creative reserves the right to withdraw access to the Site or to revise the content at any time without notice. Lynn Creative may at any time revise the terms and conditions contained in this Terms of Use Statement . You are bound by any revisions and it is your responsibility to periodically review the current terms and conditions which apply to your use of the Site. Lynn Creative respects your right to privacy is believed in protecting that right. See our Privacy Policy for more information.

Applicable Law

The laws of the State of New York will govern these Terms of Use without giving effect to any principles of conflict of law. Your consent to this Agreement will include your consent to such law and the jurisdiction of and venue in the courts of the Borough of Manhattan, in the City of New York, in the State of New York in all disputes arising out of or relating to this Agreement. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement.

Miscellaneous / Entire Agreement

If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. The invalidity of any term, condition or provision of this Terms of Use Statement shall not affect the enforceability of those portions of the Terms of Use Statement deemed enforceable by applicable courts of law.

Last modified: January 28, 2008

 

 

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