Terms & Conditions
Terms and Conditions
Welcome to publicbikes.com Web Site (the "Site"). Public Bikes, Inc. provides this Site as a service to its customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site.
Public Bikes, Inc reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the publicbikes.com web site following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this web site.
User Comments, Feedback, Postcards and Other Submissions All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Publicbikes.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Public Bikes, Inc. property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Public Bikes, Inc. of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, Public Bikes, Inc. will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Public Bikes, Inc. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
Colors
We have done our best to display as accurately as possible the colors of the products shown on the Publicbikes.com web site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Product Descriptions (spec & components)
In the bicycle industry, suppliers and factories sometimes change specs without notice and state that they are "subject to change without notice". This is because bicycles are made from hundreds of parts which come from dozens of vendors. Parts are sometimes updated to the most current production generation/iteration one gets better or more current parts or a comparable part. We reserve the right to change product specifications at anytime without notice.
Correction of Errors and Inaccuracies
The information of the Publicbikes.com web site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. Please see our Return Policy.
Typographical Errors
In the event a Publicbikes.com product is listed at an incorrect price due to typographical error or systems error, Publicbikes.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Publicbikes.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Publicbikes.com shall issue a credit to your credit card account in the amount of the incorrect price.
Promotional Exclusions
Promotions are subject to changes. Exclusions may apply. Sale quantities are limited. Promotions and sale pricing not valid on previous purchases, gift cards, taxes, shipping or processing charges, and may not be combined with any other coupons, discounts or offers. Promotions are subject to change at any time and advertised shipping rates are only applicable to delivery addresses within the continental US.
Termination
These terms and conditions are applicable to you upon your accessing the site/ or completing the registration or shopping process. These terms and conditions, or any of them, may be terminated by Publicbikes.com without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Publicbikes.com may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in Publicbikes.com account information.
Enforcement of Terms and Conditions
By accessing and using the Publicbikes.com web site, you agree that your access to and use of the Publicbikes.com web site is subject to these Terms and Conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of Pennsylvania, United States of America.
Use of Site
Harassment in any manner or form of the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including an Public Bikes, Inc. or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization.
Indemnification
You agree to indemnify, defend, and hold harmless Public Bikes Inc, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Disclaimer
THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PUBLIC BIKES, INC. DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMNT. PUBLIC BIKES, INC. DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PUBLIC BIKES, INC. DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
PUBLIC BIKES, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF PUBLIC BIKES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.