TERMS OF USE
TriBike Transport (referred to as “TriBike”, “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 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.
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 (herein after 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 for 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 payment 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. You hereby further agree that this Waiver of Liability shall be construed in accordance with the laws of the State of North Carolina, and venue for any legal proceeding or lawsuit relating to this RELEASE shall be in Buncombe County, North Carolina. You expressly acknowledge that this RELEASE is intended to be as broad and inclusive as permitted by the laws of the State of North Carolina.
You agree that in any event that any clause or provision of this RELEASE shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this RELEASE, which shall continue to be enforceable.
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 my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; you are at least eighteen (18) 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:
You agree that in the unlikely event of damage to your bicycle frame, wheel(s) or other components, TriBike Transport will pay to have the frame or components inspected by an independent expert to determine whether the structural integrity is compromised. If the damage to a bike frame is determined to be cosmetic (paint/finish) only and that the frame remains structurally sound, TriBike Transport will pay to have the frame repainted. If the frame is determined to be structurally compromised, the transport company will replace it with the currently available equivalent model (in the stock color) from the same manufacturer, up to the value declared in the reservation. In the case of a wheel or other component, the damaged part or portion will be repaired or replaced as necessary.
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 nor any of its agents; or 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. Damage claims must be initiated with TriBike Transport within 14 days of drop off at the Customer’s partner shop.
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. By using our site or services, you hereby agree and acknowledge that we shall, in no way, be liable for any damages in any amount or form for services.
All shipments come with an included loss/damage coverage amount of $1000.00. 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.
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 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 race wheel covers are safe to leave on your bike.
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 part 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.
TriBike Transport reserves the right to update or change these terms and policies at any time without notice.
