TERMS OF USE
TriBike Transport (referred to as "TBT", "us”, “we", or "our") provides the http://www.tribiketransport.com website and various related Services (“Services”) (together referred to as this "Site") subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us (or your company). In addition, when using particular Services or materials on this Site, users shall be subject to any posted guidelines or rules applicable to such Services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
Please read the terms and conditions carefully. They include releases of liability and waiver of legal rights and deprive you of the ability to sue TriBike Transport, its agents or representatives. Do not agree to these documents unless you have read and understood them in their entirety.
By checking the box below, you agree, warrant and covenant as follows:
BY ACCESSING OUR SITE, YOU AGREE THAT YOU ARE AT LEAST 14 YEARS OF AGE. ALL USERS WHO ARE MINORS IN THE JURISDICTION IN WHICH THEY RESIDE (GENERALLY UNDER THE AGE OF 18) MUST HAVE THE PERMISSION OF, AND BE DIRECTLY SUPERVISED BY, THEIR PARENT OR GUARDIAN IN ORDER TO USE THIS SITE. IF YOU ARE A MINOR, YOUR PARENT OR GUARDIAN MUST READ AND AGREE TO THESE TERMS OF USE PRIOR TO YOU USING THIS SITE. BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU, ON BEHALF OF YOURSELF OR YOUR CHILD, WHICHEVER IS APPLICABLE, AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
INTELLECTUAL PROPERTY RIGHTS
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by TBT and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary right laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print [or download] one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this Site.
CHANGES TO TERMS OF USE
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them.
Your continued use of our Services and/or Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are encouraged and expected to return to this page each time you access our Services or Site so you are aware of any changes, as they are binding on you. By agreeing electronically, you acknowledge that you have both read and understood all text presented to you as part of the registration process.
RELEASE / WAIVER OF LIABILITY
In consideration for being permitted to transport your bike, gear/wheel bag, pick up your bike from transition (Valet Service), shuttle your bike at an event, or provide any other Service through TriBike Transport, you hereby voluntarily RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE AND RELINQUISH TriBike Transport, its officers, agents, servants, or employees (hereinafter the “RELEASEES”) from any and all actions or causes of action for personal injury, property damage, or wrongful death occurring to you as a result of your engagement of Services purchased or provided by TriBike Transport WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise, while participating in such activity, or while in, on or upon the property where the activities are being conducted.
You for yourself, your heirs, executors, administrators, and assigns hereby release, waive, discharge, and relinquish any action or causes of action, aforesaid, which may hereafter arise for you and/or your estate, and agree that under no circumstances will you or your heirs, executors, administrators, and assigns, prosecute or present any claim for personal injury, property damage, or wrongful death against TriBike Transport.
YOU VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH that may be sustained by you, or any loss or damage of property caused by you to yourself or any other third party, as a result of Services purchased or provided by TriBike Transport, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES. You understand that you are responsible for obtaining and paying for the cost of treatment for any injuries sustained while participating in Services purchased or provided by TriBike Transport.
You further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorneys' fees, that they may incur due to your participation in the Services purchased or provided by TriBike Transport, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise.
It is your express intent that this Waiver of Liability shall bind the members of your family, if you are alive, and your heirs, assigns, and personal representative, if you are deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES.
IN USE OF THE SERVICES OF TRIBIKE TRANSPORT, YOU ACKNOWLEDGE AND REPRESENT THAT you have read the foregoing RELEASE/WAIVER OF LIABILITY, understand it, and agree to it voluntarily as your own free act and deed; no oral representations, statements, or inducements, apart from the this written agreement, have been made; you are at least fourteen (14) years of age and fully competent; and you are fully intending to be bound by same.
TERMS AND CONDITIONS
By checking the box below, you agree, warrant, and covenant as follows:
Upon approval and prior to any purchases made, you agree that in the unlikely event of damage to your bicycle frame, wheel(s), or other components caused by TriBike Transport, you are fully responsible for replacing or repairing any necessary components. TriBike Transport, under the loss/damage coverage provided to you, will work with you to have the frame or components inspected by an independent expert to determine whether the structural integrity is compromised.
All bike transport reservations come with an included loss/damage coverage amount of $1,000.00. This amount, as well as any additional coverage purchased with your reservation, covers the lesser of either the repair or replacement cost of your items, up to the specified selected value, and cannot exceed the actual market value of the goods being covered. The actual market value of the items is subject to adjustment by TriBike Transport, and/or its adjuster's determination. If the actual market value is less than the specified selected value, TriBike Transport reserves the right to provide coverage at the actual market value estimate.
Rust due to rain or humidity, including rust on bolts, chains, cassettes, wheels, or any exposed metal parts, is not covered by TBT insurance. TBT cannot guarantee that your bike will remain dry during events.
If you elect to purchase the loss/damage coverage through TBT, we will cover up to the fair market value price for any damage to the bike, wheel, or other component. If you do not elect to purchase loss/damage coverage, TriBike will cover an amount not exceeding $1,000 for any associated damage to the bike, wheel, or other component.
Damage claims must be initiated with TriBike Transport within 14 days of drop off at the Customer’s partner shop. In exercising its discretion, TriBike Transport will examine each claim for damages on a case-by-case basis. Any claim for damages not brought within 14 days of drop off will be deemed waived.
TriBike Transport will not be liable for any associated damages to Customer's equipment, including, but not limited to, any loss, delay, or damage to goods caused by acts of God, public authorities, strikes, labor disputes, weather, mechanical failures, civil commotion, acts of terrorism, hazards incident to a state of war, acts or omissions of customs, or defects in the goods being shipped. TriBike Transport will not be liable for damage caused by any third party, consignees, contractors, or any of its agents; nor will TriBike Transport be liable for any punitive or exemplary damages nor any special, incidental, or consequential damages including lost income, profits, interest, or loss of market, whether or not TriBike Transport had knowledge that such damages might be incurred.
Bike computers must be removed from bikes for transport to and from the race. TBT is not responsible for missing or damaged bike computers that are left on bikes for transport.
Valet Customers: TBT is not responsible for lost or stolen items. While we do our best to collect all items in transition, we will not always be able to determine all personal items if they are not bagged and marked with customer's name and race number. In the case of a dirty transition (transition where T1 and T2 bags are not available for use), TBT will leave behind items in transition that are not bagged and clearly marked with customer name and race number and in the customer’s allotted transition area. If TBT is unable to determine the bag/item owner, we will leave the bag/item in transition. You are responsible for items that TBT does not pick up. Those items can be found at the race site’s Lost and Found.
TriBike Transport does not allow full carbon disc wheels to be transported on bikes. You may transport your full disc wheel in a wheel bag. Another wheel should be placed on your bike for fully-assembled transport. TriBike Transport is not liable for any damages to a disc wheel being transported on a bike. All other race wheels (e.g. 404s, 808s, 1080s) and plastic race wheel covers are safe to leave on your bike.
Any fabric cover for the bike or wheels is strictly prohibited from transport, including Velo socks and dust covers. Fabric covers hinder the ability to roll the bike accordingly or to view pertinent information. Bikes with fabric covers may not be transported and may be left behind at our Partner Shop. TBT will provide a courtesy call to the owner of the bike to notify them of any concerns regarding fabric covers. Seat covers are permissible.
You understand and agree that Services available on this Site are provided "AS IS" and that we assume no responsibility for the timeliness, technical difficulties, and failure to store any user communications or personalization settings. You understand and acknowledge that no results are guaranteed as a result of using our services.
Tracking poses a security risk for all the bikes and gear on a given truck, and a potential safety risk for our Delivery Technicians. AirTags and all other tracking devices are strictly prohibited on bikes and gear that we transport. We reserve the right to disable any AirTags or other tracking devices that we come across. TriBike Transport is not responsible for lost or damaged tracking devices. Any locked tracking devices are subject to being cut or broken in order to disable the tracking device. We appreciate your adherence to this safety protocol and your understanding.
TriBike Transport reserves the right to refuse receipt, take possession of, deliver, and transport any items, bikes, wheels, gear bags, or any other items that you have designated for transport for any reason. If TriBike Transport refuses to receive, take possession of, deliver, or transport any items then TriBike Transport will use best efforts to contact you about said refusal. Understand that TriBike Transport may refuse services for any reason and will not be required to provide you with justification for said refusal.
Any bike that is left at a partner bike shop after a race for more than three (3) consecutive days may incur storage fees. You may be responsible for paying the storage fees directly to the partner shop.
FORCE MAJEURE
Notwithstanding anything to the contrary contained herein, TriBike Transport shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitations, acts of God, acts of war or terrorism, shortage of supply, breakdowns or malfunctions, interruptions, or malfunctions of third-party operations or facilities, labor difficulties or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, TriBike Transport agrees to make a good-faith effort to perform its obligations.
CANCELLATIONS
Cancellations must be made via phone or email and will be considered accepted on the day it is received by TriBike Transport.
Cancellations made more than thirty (30) days prior to the Event Date (as defined in your confirmation email) will be eligible for either
a.) a refund of the total amount paid, less a $75.00 cancellation fee per reservation* or b.) a credit of the total amount (including the $75.00 cancellation fee per reservation) will be applied to your TriBike Transport account.
Cancellations made within thirty (30) to sixteen (16) days prior to the Event Date will be eligible for credit* for the total amount paid, less a $75.00 cancellation fee per reservation, to your TriBike Transport account.
Cancellations made fifteen (15) days or less before your Event Date will be eligible for credit* for 50% of your total reservation amount paid to be applied to your TBT account.
NO-SHOW RESERVATIONS
Once TriBike Transport reaches our Partner Shop to pick up your bike for an existing reservation and the bike is missing, the total cost of transport is forfeited.
Once TriBike Transport reaches our Partner Shop to pick up your gear or wheel bag for an existing reservation and the gear or wheel bag is missing, the total cost of bag transport is forfeited.
If T1 Shuttle, Valet, Valet Premium, or any other race-site service was reserved and the athlete is a no-show for the race or for the service, the cost of the service is forfeited.
* In the event that your reservation was deferred, and/or used with credit, cancellations will be for credit only. Credit never expires, can be applied to the total for another event, and is transferable to another athlete. Credit is not eligible for a refund, nor are reservations made from credits. Valet/Valet Premium & Gear and Wheel bag reservation cancellations are eligible for credit only.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless TBT its affiliates, licensors, and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or the Services provided to you, including but not limited to, any use of the Site’s content and Services other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.
ARBITRATION
You agree that any disputes and claims related to or arising from Services provided to you and/or these Terms of Use, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, will be resolved through final and binding arbitration applying the laws of the State of North Carolina, instead of in court. The arbitration will take place in Asheville, North Carolina.
The arbitration will be conducted pursuant to the Federal Arbitration Act (“FAA”) by a private arbitrator, mutually agreed upon by the parties. We each agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated or representative action. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
GOVERNING LAW AND JURISDICTION
Any legal action, or proceeding arising out of, or related to these Terms of Use, Terms and Conditions, or the Services provided shall be governed by and construed in accordance with the laws of the State of North Carolina, and venue for any legal proceeding or action relating to these Terms of Use, Terms and Conditions or the Services provided shall be in Buncombe County, North Carolina, without giving effect to any choice or conflict of law provisions or rules.
WAIVER AND SEVERABILITY
No waiver by TriBike Transport of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TriBike Transport to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
ENTIRE AGREEMENT
These Terms of Use shall constitute the sole and entire agreement between you and TriBike Transport regarding any Services provided and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
