Terms of Service
Effective: January 17, 2020
Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Furthermore, you understand and agree that:
- In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will be accurate, correct, and up to date.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s). Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
- Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means. Prices for our Resources are in U.S. dollars and are subject to change without notice. Taxes may be adjusted from the amounts shown in checkout depending upon a multitude of factors, including information from our payment processor and/or changes in tax rates. We reserve the right at any time to modify or discontinue the Resources (or any part thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Resources. Acceptable forms of payment are specified in the checkout process and are subject to change.
- When you use of our products and services, you must also agree to the terms of service of our third party carrier (i.e. FedEx) etc.
- Our shipping policy (“Shipping Policy”) is incorporated by reference into this User Agreement. Our refund policy (“Refund Policy”) is also incorporated by reference into this User Agreement. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and services are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
- You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- You agree to indemnify and hold harmless OvernightBikes.com and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
- We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- Contains any type of unauthorized or unsolicited advertising;
- Impersonates any person or entity, including any OvernightBikes.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
Limitation of Warranties
By using our website, you understand and agree that all resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
1. The use of our resources will meet your needs or requirements.
2. The use of our resources will be uninterrupted, timely, secure or free from errors.
3. The information obtained by using our resources will be accurate or reliable, and
4. Any defects in the operation or functionality of any resources we provide will be repaired or corrected.
5. Any content downloaded or otherwise obtained through the use of our resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
6. No information or advice, whether expressed, implied, oral or written, obtained by you from OvernightBikes.com or through any resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this user agreement.
Limitation of Liability
In conjunction with the limitation of warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services and may be further limited as set forth in our shipping policy. Neither we nor any of our officers, directors, employees or affiliates shall be liable for any indirect, special, consequential, punitive, exemplary and/or incidental damages of any kind whatsoever (including, but not limited to, lost profits or attorneys' fees or disbursements) in any way due to, resulting from or arising in connection with your access to, inability to access, or use of our website or products or services, or from your reliance on any information provided, even if we have been advised of the possibility of such damages. This limitation applies to all causes of action in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and any other tort.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above and below limitations may not apply to you.
Copyrights and Trademarks
All content and materials available on OvernightBikes.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of OvernightBikes.com and/or its licensors, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by OvernightBikes.com.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including but not limited to any account or login information.
You will not have the right to assign or transfer your rights under this User Agreement to any other person or entity without our prior written consent, which consent may be withheld for any reason or for no reason. Furthermore, you acknowledge and agree that your access to and use of the our website and services may not be sublicensed or otherwise transferred voluntarily or by operation of law to any third party. Any attempted assignment, license, sublicense or transfer by you, whether voluntary or involuntary, is void and grounds for termination of your rights under this User Agreement.
Governing Law; Miscellaneous
This website is controlled by OvernightBikes.com from our offices located in the State of Michigan, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Michigan, by accessing our website, you agree that the statutes and laws of Michigan, without regard to its conflict of laws provisions and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. EXCEPT AS SET FORTH BELOW, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. YOU FURTHER AGREE THAT ANY ARBITRATION ACTION BROUGHT BY YOU ARISING OUT OF OR RELATING TO THIS USER AGREEMENT OR OUR PRODUCTS AND SERVICES SHALL BE FILED ONLY IN THE STATE OF MICHIGAN AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION AND VENUE IN THE STATE OF MICHIGAN.
Furthermore, any action to enforce the indemnification or intellectual property protections in this User Agreement may be brought by us in the federal or state courts located in Michigan, USA and you hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Headings are for reference purposes only. Our failure to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision herein shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this User Agreement and shall not affect the validity and enforceability of any remaining provisions. This User Agreement, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof.
Unless otherwise expressed, OvernightBikes.com expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of time-definite delivery, merchantability, fitness for a particular purpose and non-infringement.
Our value-added services make shipping your bike convenient, reliable and affordable. We partner with top carriers (i.e., FedEx) to deliver your bike to its destination.
Throughout your OvernightBikes.com shipping experience - from order, through delivery, and to claims - our friendly support staff will take care of you and your shipment.
USE OF OUR SERVICES IS ONLY FOR SHIPPING OF BIKES AND BIKE GEAR AND ANY USE OR ATTEMPTED USE OF OUR SERVICES FOR NON-BIKE RELATED ITEMS (INCLUDING WITHOUT LIMITATION COMPUTERS, AUTO PARTS, PERSONAL OR BUSINESS PACKAGES, VALUABLES, ETC.) (collectively, “PROHIBITED ITEMS”) IS EXPRESSLY PROHIBITED. FAILURE TO ABIDE BY OUR SHIPPING POLICIES AND RESTRICTIONS MAY RESULT IN OUR IMPOSITION OF ADDITIONAL FEES, FINES, SURCHARGES OR OTHER ASSESSMENTS, SUSPENSION OF YOUR ACCOUNT AND/OR OTHER CONSEQUENCES AS DETERMINED BY OVERNIGHTBIKES.COM IN ITS SOLE DISCRETION. We are not liable for refusal of, delay of, loss of or damage to a shipment of any Prohibited Item and you agree to indemnify OvernightBikes.com for any and all costs, fees and expenses OvernightBikes.com incurs as a result of any violation of any local, state, federal, national or international laws or regulations, violation of any terms and conditions of our partner carriers or from tendering any Prohibited Item for shipment.
Returns / Address Correction Surcharges
Undeliverable packages will result in a shipment being returned to the sender address. Packages requiring an address correction will incur a surcharge. Member account will be invoiced for returned shipments and address corrections. Failure to pay outstanding invoices within 30 days may result in account suspension or termination.
FedEx® will attempt delivery up to 3 times for shipments with Direct Signature Required. If undeliverable, FedEx® will return package to sender. See the FedEx Service Guide® for more details. Member account will be invoiced for returned shipments. Failure to pay outstanding invoices within 30 days may result in account suspension or termination.
Ordinary Shipping Conditions
Experienced bicycle shippers understand ordinary shipping conditions and choose their packaging to safely protect their contents.
It is normal for your bike to travel hundreds or even thousands of miles over changing road surfaces in the back of a truck or in a plane’s cargo hold. This means that your bike is subject to vibrations of varying frequencies and amplitudes when driven over uneven roads or flown through turbulence. Therefore, you should always secure into place all contents within your package including the protective padding and foam.
It is also normal for carriers to place packages on their largest and most stable side so that the packages are less likely to tip over and be damaged while falling over or to damage other packages on which they could fall. Bike boxes, generally being tall and narrow, are often laid on the side with the largest surface area - much in the way that most of us would set a bike box in the back of a car while transporting it to the local carrier drop-off.
When you ship with OvernightBikes.com, you acknowledge that under ordinary shipping conditions your bike will be subject to vibration, changes in orientation, contact with other packages and possible drops from waist height.
Shipment Packaging Requirements
Bicycles, wheels and gear are unique commodities, with unusual shapes, light weights and many externally facing attachments. Thus, they require specialized packaging to withstand ordinary shipping conditions. Bike manufacturers and retailers employ packaging engineers to design packaging to safely protect bikes during shipping to their customers. By and large, they follow standard packing procedures, including using protective foam, specialized plastic bits and strapping techniques.
If you do not wish to pack your own bike, consult with your local bike shops which you can hire to professionally and properly pack your bike or gear.
When you ship with OvernightBikes.com, you acknowledge that your bike, wheels and gear are packed according to professional standards and best practices to properly protect it from damage during transit.
Neither Overnight Bikes nor FedEx® guarantees that your shipment will not be accidentally damaged or lost during transit. As such, we encourage our members to transfer associated risks to an insurance carrier of your choice through the purchase of an insurance policy. Contact an insurance agent or broker if you desire such insurance coverage.
Should your bicycle or gear be accidentally damaged or lost by the carrier, contact OvernightBikes.com (not the carrier) to begin processing your claim.
Claims must be submitted to OvernightBikes.com within seven (7) days of delivery. The customer must provide all requested documentation supporting the claim within thirty (30) business days of OvernightBikes.com receiving notice of the claim. Written documentation supporting your claim may include, but is not limited to, a description and images of damage (including the box or case), description of goods, and proof of value such as original bike purchase invoice/receipt or estimates/invoices for repair. These documents must be verifiable to OvernightBikes.com’s satisfaction.
All claims must be in writing and submitted within the time limits set forth above. Failure to provide complete, accurate and verifiable requested information within the time limits set forth above will result in denial of your claim and OvernightBikes.com will have no liability or obligation to assist in your claim to your insurance carrier.
OvernightBikes.com and its delivery partners reserve the right to inspect a damaged bicycle on the recipient’s premises as well as the right to retrieve the damaged bicycle for inspection. The terms and conditions applicable to the original delivery (including any Selected Value / actual market value) will govern the disposition of all claims in connection with the delivery, including any claim relative to the retrieval, inspection or return of the bicycle. When a bicycle is picked up for inspection, a receipt for the damaged bicycle will be provided if requested by the recipient. All of the original delivery cartons, labels, packing and contents must be made available for our inspection and retained until the claim is concluded.
Except in the case of concealed damage, receipt of the bicycle delivery by the recipient without written notice of damage on the air bill is prima facie evidence that the bicycle was delivered in good condition.
Only one claim can submitted in connection with a shipment. Acceptance of payment of a claim extinguishes any further right to file additional claims on that shipment.
The maximum Selected Value per package for any OvernightBikes.com bicycle shipment is US $100. As such, members are encouraged to purchase insurance from an insurance provider of your choice.
The customer is responsible for accurately completing the Selected Value of a shipment with OvernightBikes.com. We cannot honor requests to change the Selected Value after the shipment has been shipped.
OvernightBikes.com is not liable for the loss or damage to the following goods shipped using our services:
- Auto parts.
- Electronic equipment, including, but not limited to, televisions, computer monitors, and computer processors.
- Personal keepsakes or collectors items including, but not limited to coins, stamps, sports cards and souvenirs.
- Antiques, including, but not limited to, furniture, tableware and glassware.
- Artwork, including, but is not limited to, paintings, drawings, vases, tapestries, limited-edition prints, fine art, and statuary.
- Glassware, including, but not limited to, signs, mirrors, ceramics, porcelains, china, crystal, glass, and framed glass.
- Guitars or other musical instruments.
- Unique or one-of-a-kind items of unusual value, including, but not limited to, precious metals or currency.
- Stocks, bonds, cash letters or cash equivalents, including, but not limited to, food stamps, postage stamps (not collectible), traveler’s checks, lottery tickets, money orders, gift cards and gift certificates, prepaid calling cards, bond coupons, and bearer bonds.
The above items should not be shipped through OvernightBikes.com, OvernightBikes.com will have no liability or obligation for any of the foregoing and any violations of the foregoing are expressly at your own risk.
When you ship with OvernightBikes.com, you agree to be subject to this claims process. We strongly recommend that you take a complete set of detailed photos documenting the contents of your shipment and its internal and external packing before you send your shipment and after you receive it. In the event of loss or damage and subsequent claim filing and processing, such photos will help you remember what you had packed, serve as proof of proper packing and document damage details.
We offer a full refund on membership dues up to 30 days after the purchase date for members who have not yet shipped a package. We also offer full refunds on unused shipments up to 30 days after the purchase date. To request a refund, email firstname.lastname@example.org. Refunds are returned using the original method of payment and may take up to 7-10 days to process.