Terms of Use & Privacy Policy

/Terms of Use & Privacy Policy
Terms of Use & Privacy Policy2019-02-28T17:45:52-07:00

Terms of Use & Privacy Policy

Please, read these terms and conditions carefully before using the website www.ejoebike.net (“the Site”). These Terms of Use, along with any other terms and conditions that may appear on the Site, including Privacy Policy  (collectively, “Terms”), set forth the terms and conditions under which you may use and access the Site.

BY ACCESSING THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SITE.

You represent and warrant that you are 13 years of age or older, or are visiting the Site under the supervision of a parent or guardian.

OWNERSHIP & COPYRIGHT

The information, photos, graphics, programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and all other materials comprising the Site (collectively, the “Materials”), are wholly owned by (or licensed to) e-JOE Bike (“e-JOE Bike”) and/or its content providers. The Site contains copyrighted material, trademarks, and other proprietary information including, without limitation, text, software, photos, video, graphics, music and sound, and the entire contents of the Site is copyrighted under the United States copyright laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without e-JOE Bike’s express prior written consent.

You may use information on e-JOE Bike products and services (such as manuals, maintenance instructions, and similar materials) purposely made available by e-JOE Bike for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

USE OF WEBSITE

Except for your non-commercial personal use, the Website, in whole or in part, may not be sold, reproduced, published, broadcasted via radio or television, or redistributed in any medium, directly or indirectly, for any commercial or non-commercial purpose, or used for advertising or any other purpose. Unauthorized use of the Website and/or the Materials may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

By uploading or otherwise submitting a file or other information (”Contribution”) to the Website, you automatically grant, or warrant that the copyright owner of the Contribution has expressly granted, to e-JOE Bike, a perpetual, royalty-free, irrevocable, worldwide, non-exclusive right and license to use, reproduce, publicly display and/or perform, modify, store, publish, adapt, translate, create derivative works from, and/or distribute the Contribution (in whole or part) and/or to incorporate it in other works in any medium now known or hereafter developed for the full term of any copyright that may exist in the Contribution, as if the Contribution were public domain information.

AGE AND RESPONSIBILITY

You represent that you are of sufficient legal age to use the Website and to create binding legal obligations for any liability you may incur as a result of the use of the Website. You understand that you are financially responsible for all uses of the Website by you and those using your login information.

PRIVACY

You have read and agree to the Privacy Policy. You consent to the use of your personal information by e-JOE Bike and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the e-JOE Bike Privacy Policy.

NO WARRANTIES AND LIMITATION OF LIABILITY

Your use of the Website is at your sole risk. You assume full responsibility and risk of loss resulting from the downloading and/or use of files or other material (including software) obtained through the Website. Neither e-JOE Bike nor any of its content providers endorse or stand behind the accuracy, truthfulness or reliability of any information provided on or by means of e-JOE Bike.

THE WEBSITE IS PROVIDED “AS IS”, AND NEITHER E-JOE BIKE NOR ANY OF ITS SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. No oral advice or written information given to you by e-JOE Bike or any of its content providers, agents, or the like shall create any warranty. Neither e-JOE Bike nor any of its content providers, agents, or the like warrants that access to, or use of, the Website will be uninterrupted, virus free, or error-free, or that the Website (including, without limitation, any content on the Website) will meet any particular criteria of performance or quality. E-JOE BIKE, ON BEHALF OF ITSELF AND ALL OF ITS CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT E-JOE BIKE KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE WEBSITE. FURTHERMORE, E-JOE BIKE, ON BEHALF OF ITSELF AND ALL OF ITS CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE WEBSITE.

LIMITATION OF LIABILITY

e-JOE Bike and all of its content providers, agents and the like, in each instance will not be liable for (a) any direct, indirect, incidental, consequential and/or special damages arising out of your use of, or inability to use, the Website, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if e-JOE Bike has been advised of the possibility of such damages, and/or (b) damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any file, in each instance whether for breach of contract, tortious behavior, negligence, or under any other cause of action. For further clarity, in all events, e-JOE Bike and all of its content providers, agents and the like shall not be liable for the defamatory, offensive, or illegal conduct of other users of the Internet. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you.

INDEMNIFICATION

You agree to indemnify e-JOE Bike and all of its content providers, agents and the like, in each instance from and against any and all claims, suits, liabilities, expenses (including, without limitation, attorneys’ fees), and/or damages arising out of claims based upon your use of the Website including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of intellectual property or other rights.

LINKS

The Website may contain links to websites operated by parties other than e-JOE Bike. Such links are provided for your reference only. e-JOE Bike does not control such websites and is not responsible for their contents. e-JOE Bike makes no representation or warranty regarding any other websites or the contents or materials on such websites. The Website’s inclusion of links to other websites does not imply e-JOE Bike’s endorsement of the material on the websites or any association with their operators. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

GOVERNING LAW

This Agreement and its performance shall be governed by the laws of the state of California, United States of America, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the state of California, United States of America, in all questions and controversies arising out of your use of this Website and this Agreement.

NO WAIVER

The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and e-JOE Bike nor the trade practice shall modify any provision of these Terms and Conditions.

MODIFICATION

e-JOE Bike may at any time modify these terms and conditions and your continued use of this Website will be conditioned upon the terms and conditions in force at the time of your use.

ADDITIONAL TERMS

Additional terms and conditions may apply to purchases of goods and services and other uses of portions of the Website, and you agree to abide by such other terms and conditions.

SEVERABILITY

These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

INTELLECTUAL PROPERTY NOTICES

All contents of the Website are Copyright © 2019 e-JOE Bike and/or its suppliers. All rights reserved. e-JOE Bike and other names of e-JOE Bike services referenced in the Website are trademarks or registered trademarks of e-JOE Bike. Other product and company names mentioned in the Website are the trademarks of their respective owners.

ENTIRE AGREEMENT

These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Website.

FEEDBACK AND INFORMATION

Any feedback you provide at this site shall be deemed to be non-confidential. e-JOE Bike shall be free to use such information on an unrestricted basis. The information contained in this web site is subject to change without notice.

e-JOE Bike, 1125 Linda Vista Dr., Suite 106, San Marcos CA 92078, tel. 855-888-1891

Updated by e-JOE Bike on Feb. 08, 2019

e-JOE Bike (also referred to as “e-JOE Bike”, “MOMAS”, “we”, “our”, “us”) is strongly committed to protecting your privacy and providing a safe online experience for all users. In order to fulfill your requests and better serve your needs, we collect information when you visit us online. To help ensure an enjoyable visitor experience, we feel you should fully understand what information we collect and how that information is used. This privacy policy applies to the information collected through our website ejoebike.net (“Site”). Your use of the Site confirms your acceptance of this privacy policy and your agreement to be bound by it. If you do not accept this privacy policy, do not use this Site.

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:
– “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
– “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
– “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information, email address, and phone number. We refer to this information as “Order Information.”

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to communicate with you, screen our orders for potential risk or fraud, and provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

SHARING YOUR PERSONAL INFORMATION

We use a number of service providers to help us operate the site and provide high-quality user experience to our visitors.

For example, we use WooCommerce to power our online store – you can read more about how WooCommerce uses Personal Information here: https://automattic.com/privacy/.

We also use Google Analytics to help us understand how our customers use the Site – you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

We use Akismet for spam detection and prevention. When you leave a comment on our Site, you accept the Akismet terms and privacy policy. To help the Site with transparency under privacy laws like the GDPR, Akismet will display a notice to users under your comment forms.

This site is also protected by ReCaptcha and The Google for spam detection and prevention. Privacy Policy and Terms of  Service apply.

In order to ensure Site protection, malware detection, removal, and prevention, we use Suguri services – you can review their Privacy Policy here.

MailChimp is used to send newsletter emails to users who subscribe to receive them. If you subscribe to our newsletter, you agree to Mailchimp privacy policy.

We accept payments through PayPal. When processing payments, some of your data will be passed to PayPal, including information required to process or support the payment, such as the purchase total and billing information. Please see the PayPal Privacy Policy for more details. We have also teamed up with Affirm to offer easy financing options. If you wish to use Affirm as a form of payment, Affirm Privacy Policy will apply.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful requests for information we receive, or to otherwise protect our rights.

BEHAVIORAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:
FACEBOOK – https://www.facebook.com/settings/?tab=ads
INSTAGRAM – https://help.instagram.com/615366948510230?helpref=faq_content
TWITTER – https://twitter.com/settings/personalization
GOOGLE – https://www.google.com/settings/ads/anonymous

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at http://optout.aboutads.info/.

COOKIES

If you leave a comment on our site you may opt-in to save your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

COMMENTS

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection. An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here. After approval of your comment, your profile picture is visible to the public in the context of your comment. Visitor comments may be checked through an automated spam detection service.

MEDIA

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

CONTACT FORMS

We use a form created by WordPress and Contact Form 7 plugin to manage contact form submissions. The information is sent as email messages that only a select few are allowed to access.

For your convenience and enjoyment, our Site may contain links to other websites. We do not evaluate and are not responsible for the privacy practices or the content of such websites. We would urge you to review the privacy policies on each link to ensure that you are comfortable with their privacy policies and practices.

Articles on this site may also include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

DATA RETENTION

When you place an order through the Site, leave a comment, or submit a contact form we will maintain your Information for our records as long as we need it for the purposes for which we collect and use it unless and until you ask us to delete this information.

For users that register on our Site (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Site administrators can also see and edit that information.

To request to have your account canceled use the Contact page and include the email address of the account you wish to cancel. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

INTERNATIONAL USERS

If you are visiting our Site from a location outside of the United States, please keep in mind that it is a US based web and/or commerce site. This privacy policy governs the information collected by or on behalf of our Site irrespective of where you are located when you access it, browse it, interact with it, and make purchases through it (including those that are shipped to addresses outside the US).

PRIVACY OF CHILDREN

Our Site is not intended for individuals under the age of thirteen (13) years. The products that we offer for sale on our Site are intended for purchase by adults only. No one under the age of thirteen (13) years should provide any personal data on our Sites and/or at our stores.

SECURITY STATEMENT

e-JOE Bike limits the number of employees that have access to the Site and databases that contain personal data. Our team members have access to this information to help fulfill orders, process refunds and provide customer support.

UPDATES TO PRIVACY POLICY

As we continue to offer you new and different types of content and services, we may modify our information collection, use, or disclosure practices. Should there be a material change to our information collection, use or disclosure practices, it will be applied only to information collected on a going forward basis, and we will update this privacy policy statement.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at sales@ejoebike.com or by mail using the details provided below:

1125 Linda Vista Dr, Ste 106, San Marcos, CA, 92078, United States