Thank you for using the Blackburndesign.com Web site (the “Web Site”), which is provided by Easton- Bell Sports, Inc. (the “Company”). This page states the Terms and Conditions (the “Terms” or the “Agreement”) under which you may use this Web Site. Please read this page carefully. By accessing and using this Web Site, you accept and agree to be bound, without limitation or qualification, by these Terms. If you do not accept any of the Terms stated here, do not use the Web Site. The Company may, at its sole discretion, modify or revise these Terms at any time by updating this posting. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.
Use of Material
The Company authorizes you to view and download a single copy of the material on the Web Site solely for your personal, non-commercial use. Special rules may apply to the use of certain software and other items provided on the Web Site. Any such special rules are listed as “Legal Notices” on this Web Site and are incorporated into this Agreement by reference. You may not, without the permission of the Company, “mirror” any material contained on this Web Site on any other server.
The contents of this Web Site, such as text, graphics, images, audio, video and other material as well as the domain names, tagline, organization and user look-and-feel of this Web Site (collectively, the “Material”), are protected by copyright, trademark and other such laws under both United States and foreign laws, and are owned or controlled by the Company or by third parties that have licensed their Material to the Company. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for
any purpose is prohibited, without the express written permission of the Company.
Trademarks, Logos and Service Marks
All trademarks, service marks, trade names, logos, trade dress, icons and domain names (collectively “Marks”) located on this Web Site are the property of the Company, its parent or affiliate entities, their respective licensors or other third parties. You may not use, copy, reproduce, republish, transmit, distribute, or modify the Marks of the Company or its parent or affiliate entities in any way, without the Company’s prior express written consent. The use of any of the Marks on any other web site or network computer environment, for example, the storage or reproduction of the Web Site (or any part of) in any external internet site is prohibited, without the express written consent of the Company. Certain other trademarks, service marks, and logos provided on the Web Site are the trademarks or service marks of a third party and may not be used, copied or reproduced without the permission of the owner. If you would like information about obtaining the Company’s permission to use the Material on your Web site, e-mail firstname.lastname@example.org.
If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
The copyright in all material provided on this Web Site is held by the Company or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Company or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Web Site for personal, non-commercial use only, provided you do
not modify the materials and that you retain all copyright and other proprietary notices contained in the Materials.
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. Any use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time. Some Material on the Web Site is provided by third parties and the Company shall not be held responsible for any such Material provided by third parties.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON- INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Disclaimer of Certain Damages
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.
Links to Other Sites
The Web Site contains links to third party web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third- party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Limitations of Liability
Your use of the Web Site is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Web Site or with these Terms and Conditions, your sole remedy is to discontinue use of the Web Site.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OF THE WEB SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY AND ALL DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES ARISING FROM ANY USE OF THE WEB SITE, INCLUDING ANY DAMAGES THAT MAY BE INCURRED BY THIRD PARTIES.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and
agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials to countries or persons prohibited under the export control laws. By downloading the Materials, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department’s Table of Denial Orders or the U.S. Treasury Department’s list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Materials.
The Company makes no claims the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the State of California applicable to contracts entered into and performed within the State of California without respect to its conflict of laws principles. By using this Web Site, you agree that the exclusive forum for any claims or causes of action arising out of your use of this Web Site is the United States District Court for the District of Los Angeles, or any California State court sitting in Los Angeles County. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular “Legal Notice” for material on particular web pages, this Agreement constitutes the entire Agreement between you and the Company with respect to the use of the Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Company.
Notice: Acceptance of Terms and Conditions of Use
Use of this Web Site is subject to certain Terms and Conditions of Use, which constitute a legal agreement between you and the Company. By using this Web Site, you acknowledge that you have read, understood, and agree to be bound by the Terms and Conditions of Use. Please review the Terms and Conditions of Use, and if you do not agree to the terms, do not use this Web Site.
Information for California Residents:
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
Provider of service: Easton-Bell Sports, Inc., 7855 Haskell Ave. Suite 200, Van Nuys, California, 91406, USA, telephone number (818) 902-5800 (818) 902-5800
Pricing information: No charge is imposed by the provider to the consumer for the use of the service.
Complaints and further information: In the event of a complaint, or to request further information, the provider may be contacted in writing at Easton-Bell Sports, Inc., 7855 Haskell Avenue. Suite 200, Van Nuys, California, 91406, USA, by telephone at (818) 902-5800 or by email at email@example.com. Any complaint not resolved between the provider and the consumer may be brought to the attention of The Complaint Assistance Unit of the Division of Consumer Services of the
Department of Consumer Affairs in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210 or (916) 445-1254.
For questions or concerns, please email us at firstname.lastname@example.org or contact us at:
Easton-Bell Sports, Inc.
Attention: Legal Department
7855 Haskell Avenue, Suite 200
Van Nuys, CA 91406
Like many web sites, we gather information about how visitors use our Web Site. In general, you can visit many of our web pages without telling us who you are or revealing any personal information about yourself. We may track your visit for trends and statistics, but you will remain anonymous unless you tell us who you are. Once you choose to give us your personal information, you are not anonymous to us.
For more information, see “Cookies and Pixel Tags” section below.
We may use the information we collect to:
• Customize and/or personalize your communications
• Better respond to your customer service inquiries
• Communicate with you about our products and events, and for other promotional purposes
• Improve our business
• Administer contests, promotions, surveys or other website features
We may provide your information to the Company’s wholly-owned companies and affiliates, which may be outside the U.S. For the purpose of operating our business, we may transfer information between the Company and our preferred service providers who use that information only to conduct the Company’s business. For example, they may handle the Company’s credit card processing, shipping, data management, email distribution, market research, information analysis, and promotions management. We provide our preferred service providers with the information they need to perform their services and work with them to respect and protect your information. We do not provide your personally identifiable information to any third parties for their own marketing purposes.
On rare occasions, we may disclose specific information upon governmental request, in response to a court order, when required by law, to enforce our Web Site policies, or to protect our or others’ rights, property, or safety. We may also share information with companies assisting in fraud protection or investigation. We do not provide information to these agencies or companies for marketing or commercial purposes.
Protecting Your Information
We use a variety of security measures, including sophisticated encryption and authentication tools to
maintain the safety of your personal information. Your personal information is contained behind secure networks and is only accessible to a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All credit card information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be accessed only as stated above. Regardless of these efforts, no data transmission over the Internet can be guaranteed to be 100% secure.
Rules of Conduct
The following Rules of Conduct apply to the Easton-Bell Sports Web Sites. By using the Blackburndesign.com site or any Easton-Bell Sports Web Site that allows for users to post content, you agree that you will not Distribute any Submission that:
1. (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity
2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity
3. infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation
4. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations)
5. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Easton-Bell Sports Web Sites or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Easton-Bell Sports Web Sites; or
6. (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
Cooperation: Removal of Submissions
Cookies and Pixel Tags
A cookie is a small removable data file that is stored by your web browser on your computer. Cookies allow you to place an order on our Web Site and allow us to enhance and personalize your online browsing and shopping experience.
You can choose to have your computer warn you each time a cookie is being sent or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookie settings. If you turn cookies off, you won’t have access to many features that make your site experience more efficient and some of our services will not function properly.
We also use pixel tags (tiny graphic images) to help us analyze your online behavior. Pixel tags also allow us to send you email in a format you can read and let us know when you have opened an email message from us.
We may use pixel tags to collect information about your visit, including the pages you view, the links you click and other actions taken in connection with our Web Sites and services. We also collect certain standard information that your browser sends to every web site you visit, such as your IP address, browser type and language, access times and referring web site addresses.
We do not knowingly collect personal information from children under 13. The Company believes that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also prevent children from disclosing online their name, address and other personal information without parental permission.
Questions and Feedback
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.