GOrack invites all visitors to purchase and use our products. In order to help guide protocol in usage and legal procedures related to the sale, advertisement or website interaction of GOrack and its related products, we have created these Terms and Conditions. We urge all potential customers and website visitors to read through this document, especially before purchasing one of our products.
Client Agreement:
These Terms and Conditions apply to all customers who have made purchases on any GOrack merchandise. By paying and requesting order of any GOrack merchandise, you are agreeing to the Terms and Conditions herein.
The Terms and Conditions also conditionally applies to any and all visitors of GOrack’s website or any physical distributors of its products.
GOrack reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes.
1.) Product Nature and Basic Guidelines:
All products of GOrack come with specific instructions as to its use, assembly and disassembly. There is no requirement to have a professional install GOrack, or any of its products. But if you feel that any aspect of use, assembly or disassembly of GOrack products is or will become too difficult or strenuous in nature, aid of a professional bike mechanic is suggested.
GOrack is a rear-mounted bike rack, intended purely to be used to increase the portability of your folded Brompton bicycle. Installation is quick and easy. You have access to three (3) transformation modes: park mode, luggage mode, and shopping mode. GOrack was not specifically designed for use outside of these 3 forms and any uses outside of these 3 modes is not recommended by GOrack or any of its affiliates.
Use of GOrack products, services and website, is intended solely for individuals above 13 years old. Specifically related to purchasing and use of the product, GOrack and its affiliates strictly prohibit either of these two activities without consent and supervision of the minor’s guardian.
2.) Privacy Policy:
GOrack’s products and website sometimes require information of a personal nature. Within each of these specific interactions, every site visitor and customer of GOrack is bound by terms stipulated in our Privacy Policy. GOrack recommends a thorough review of our Privacy Policy, as it is intended to inform and protect our clients and their rights.
3.) Fees and Payments
If you submit a credit, debit, or charge card number, or other payment information to us upon registration, at the time of purchase, or otherwise, you authorize, give us permission, and direct us to retain such information and to charge all fees to such payment method.
We may, in our sole discretion, charge fees to your designated payment method individually, or elect to aggregate fees for some or all of your purchases.
Product fees are due promptly and are non-refundable, save a set of specific circumstances related to the product, which is stipulated in the next item, item #4. You must notify us about any billing problems or discrepancy within thirty (30) days after they first appear on your statement; otherwise, you waive any right to challenge or dispute such problem or discrepancy.
If Fees cannot be charged to the payment method you designate, or payment is returned to us for any reason, including charge-back, we reserve the right, in addition to our other remedies, to: (i) demand immediate payment of all outstanding Fees due to us from you; (ii) assess an additional 1.5 percent late charge, or the highest amount allowed by law; (iii) GOrack reserves the right to take any and all lawful steps necessary to collect Fees owed to us, and you will be responsible for all costs and expenses incurred in connection with such collection activity, including collection fees, court costs, and attorneys’ fees; (iv) charge such Fees to any other payment method you have on file with us; and (v) terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, enter our website, and/or the Terms and Conditions, including without limitation any of our purported obligations hereunder. (vi) in extreme cases, shipment of or order processing of the purchased product may be canceled or reversed.
In addition, you are responsible for obtaining and maintaining at your own expense all equipment, tools, labor and other services necessary for the use of our products. If you are accessing GOrack’s website via a mobile device, your mobile carrier may charge you fees for data, text messaging, and other mobile access or communications services.
4.) Prohibited Activity
By purchasing our products or participating in any interactive features of our website, you acknowledge that all information and actions submitted are in accordance with all local, state, federal, provincial, national, international, and foreign copyright, trademark and other intellectual property laws, rules, and regulations, and is the property of us or our licensors, vendors and/or service providers. Any information or action that is found in violation of any form of these terms will be flagged and in addition to other remedies, GOrack reserves all rights to pursue damages or relevant charges to the fullest extent of the law.
All content submitted to user interactions, like forum or account posts, must adhere to the speech laws of all relevant local, state, federal, provincial, national, international, and foreign enforcement agencies. GOrack disclaims all relevant codes, regulations, laws, and rules which pertain to the specific region or individual entering into any of our site features, and denies liability.
Submitting to the website any malicious code or content, which disrupts, monitors, or limits operation of our Site or its features and content, is strictly prohibited.
Disclosure on any form or level of the GOrack business mechanisms, including but not limited to manufacture, design, distribution, or any unstated factors, beyond what is directly stated and authorized in writing by GOrack is strictly prohibited.
Any submitted information to the Website or otherwise may not impede, interrupt, or reduce the capacities to any degree perceivable or not, of the Site, its features,or our third-parties.
5.) Specific Intended Product Usage
GOrack and its related products, are to be specifically used as directed, only. GOrack is specifically intended to be mounted on the rear of a Brompton folding bicycle, only as directed. Specific usage of this product is paramount, as stress limitations of the material and design were intended only for the set orientations specified in GOrack instructions.
Any and all activity and usage of GOrack and its related products may result in failure of the structural integrity, which may in turn lead to injuries and or more fatal consequences. GOrack specifically and intentionally warns against usage of our products outside of the specific intended usage for this reason.
GOrack refuses liability for any and all injury, bodily or otherwise, sustained while using GOrack or its related products outside of its intended usage.
GOrack and its distributors reserve the right to refuse service or sale of GOrack and its related products, if there is reasonable concern that our products will be used in ways that are outside of the intended usage.
6.) Copyright Complaints:
We respect the intellectual property of others, and we ask our Contest entrants to do the same. We may, in appropriate circumstances and at our discretion, in addition to our other remedies, terminate, discontinue, suspend and/or restrict the account/profile or ability to access, visit, and/or the Contest of entrants who infringe the copyright rights of others, and we may choose to remove, delete, erase, or disable access to Content deemed to be infringing. It is our policy to terminate the access of repeat infringers.
If you have reason to believe that your content has been copied and/or is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another site, application, destination or service that contains content or activity that infringes your copyright rights, you may notify us by providing a document via fax, first class U.S. mail, or e-mail that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted product claimed to have been infringed, or if multiple copyrighted products at the Site are covered by a single notification, a representative list of such products at the Site;
(iii) Identification of the copyrighted product that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such copyrighted work;
(iv) Information reasonably sufficient to enable us 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;
(v) A statement that the complaining party has a good faith belief that use of the copyrighted product in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) 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.
IMPORTANT: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEY’S’ FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR SITE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR SITE BEFORE SENDING THE NOTICE.
Copyright Issues:
Legal
GOrack
970 W Lookout Ridge Dr
Washougal, Washington 98671, USA
Note: Only copyright complaints should be sent in this manner. No other communications will be accepted or responded to.
7.) Indemnification:
You agree to indemnify, defend and hold harmless for all processes related to GOrack products, and all the individuals involved in the administration of the website processes. GOrack and any invited entity, and each of our and their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns (collectively, “Indemnitees”) from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys’ fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Claims”) which may arise out of or are in any way connected with your access, entry, and subsequent competition and judgment of your content, unauthorized use of content obtained on or through the Site, breach or alleged breach of the Terms and Conditions, or from any of your acts or omissions in connection with the Site. Additionally, content submitted to GOrack via any of its site features, does not necessarily represent the opinions or views of our organization or any of our affiliates. By purchasing our products, you agree to indemnify, defend and hold harmless all Claims against you or us, or between you and us, arising out of the directed use of GOrack and related products.
8.) Additional Disclosures
Modifications to GOrack’s design or intended usage may be added, changed or removed at any time with or without notice. By purchasing our products you acknowledge that it is your sole responsibility to check for such updates, and that your continuing usage of GOrack and its related products is subject to the new changes in material, policy, or any unstated aspect of the specific product you purchased.
Again, GOrack reserves the full right to change, cancel, or disallow any customers or site visitors who are found in violation of any of these Terms and Conditions. This right extends retroactively to any previous customers. Any dispersed products or merchandise are subject to recollection by all legal means available.
All terms and regulations laid out in any of our disclaimers or documents, not limited to posted disclaimers on the Site, Privacy Policy, and this Terms and Conditions are applicable and enforceable to all contest entrants in the same manner as if they were included into these Terms and Conditions.
If for any reason a court of competent jurisdiction finds any provision of GOrack’s disclaimers, Terms and Conditions, or Privacy Policy, or portion thereof, to be invalid or unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of said disclaimers and documents will continue to be valid and enforceable in full force and effect.