1. CCN website services
Cycle Component Network Inc. and Cycle Component Network Ltd. (“CCN”, “we”, “us” or “our”) owns and operates this site (the “CCN Website”), which provides services for displaying classified ads, managing purchases and shipping, discussion forums, messaging and other web-based services (the “CCN Website Services”).
2. User Content
The CCN Website may make accessible material, postings, video, audio and other content originating from users of the CCN Website (“User Content”) and links to external sites not under CCN’s control or ownership. You acknowledge that CCN has no obligation to vet or pre-screen User Content and has no liability for your interaction with such external sites, and agree that CCN may remove, replace or move any content or link of the CCN Website, including any account for CCN Website Services, for any reason at any time and without notice.
Inquiries regarding the CCN Website or its content (including User Content) may be directed to:
Cycle Component Network Inc.
Unit 1, 107 Kings Road West,
North Vancouver, British Columbia
Canada, V7N 2L7
To give notice to CCN of any material on the CCN Website you believe infringes a copyright or violates an intellectual property right, please identify the material with sufficient detail to permit CCN to readily locate the material. CCN may require further information from you before taking action in respect of the material.
You must be 13 years or older to use any CCN Website Service, including creating a user account.
You agree to abide by all applicable local, state or provincial, national and international laws, statutes, ordinances and regulations.
In using the CCN Website, YOU WILL NOT:
a) post, disseminate or upload content that is illegal, obscene, pornographic, harassing, abusive, hateful, discriminatory, defamatory, fraudulent, or likely to harm another including a minor.
b) infringe another party’s intellectual property, proprietary, privacy, publicity, contractual or fiduciary rights, including CCN’s intellectual property rights in the CCN Website.
c) engage in any illegal, fraudulent or improper marketing practice, use false pretences to obtain another party’s personal information, or attempt to gain unauthorized access to any CCN Website Service or account.
d) impersonate any person or entity, including any CCN employee or representative, register multiple accounts, register an account on behalf of any individual person other than yourself, or register an account on behalf of any group or entity if you are not an authorized representative of that group or entity.
e) use any credit card other than your own when purchasing CCN Website Services.
f) post, distribute or transmit any malware, including any software, computer code or program containing a virus, Trojan horse, time bomb, cancel-bot or worm or that is designed to damage or limit the functionality of any computer software, hardware or telecommunications equipment.
g) use the CCN Website in any manner likely to damage, disable, impair or overburden the CCN Website.
h) disseminate unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
i) modify, adapt, translate, decompile or reverse engineer any portion of the CCN Website, except as expressly authorized by CCN.
By creating an account with the CCN Website, you agree to be solely responsible for all activities occurring under your account, including maintaining the confidentiality of your password.
5. Proprietary Rights
CCN does not claim ownership of User Content, but reserves all of its rights in respect of all other content of the CCN Website. By posting or uploading User Content to the CCN Website, you grant, and represent and warrant that you have the right to grant, to CCN an irrevocable, perpetual, non-exclusive, fully paid, sub-licensable worldwide licence to use, copy, perform, display and distribute said User Content and to prepare derivative works of, or incorporate into other works, said User Content. You waive all moral rights in respect of said User Content. You grant CCN all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of said User Content by any party for any purpose.
6. Free and Paid Services
CCN will not charge you for creating a user account or for visiting public areas of the CCN Website. Also, CCN does not charge any fee for receiving and distributing charitable donations as part of the CCN Website Services. However, CCN does charge fees
for the CCN Website Services, such as when the CCN Website is used for purchasing or delivering an item. CCN reserves the right to update its fees
from time to time.
You acknowledge and agree that CCN may require pre-authorization of a funds transfer or pre-payment of funds to be held by CCN for the purpose of facilitating completion of a transaction between an individual user who posts an item for sale on the CCN Website (the “Seller”) and a user who places a bid to purchase the item (the “Buyer”). Currency exchange rates may fluctuate, and the amount of a funds transfer may exceed the pre-authorized amount for that funds transfer by up to 5%.
You are responsible for reviewing, understanding and accepting all fees or charges and all pre-authorization, pre-payment and donation requirements for all CCN Website Services BEFORE clicking on final acceptance for those CCN Website Services. IF YOU DO NOT WISH TO ACCEPT A CHARGE, MAKE A DONATION, OR COMPLY WITH A PRE-AUTHORIZATION OR PRE-PAYMENT REQUIREMENT FOR A CCN WEBSITE SERVICE, THEN PLEASE CANCEL OR CHANGE YOUR SELECTIONS BEFORE CLICKING ON FINAL ACCEPTANCE OF THE SERVICE.
For a Buyer to make a bid to purchase an item, CCN ordinarily requests from the Buyer credit card authorization for pre-payment of the costs expected to be incurred by the Buyer for purchasing the item if Seller accepts the Buyer’s bid. For a Seller to accept an offer from a Buyer to purchase an item, CCN ordinarily requests from the Seller credit card pre-authorization for pre-payment of return shipping to be used if the item is later return shipped through the CCN Website Services.
You acknowledge and agree that, for each transaction in which CCN has requested a pre-payment from a Buyer, CCN waits until said pre-payment has been received by CCN before arranging shipment from Seller to Buyer of the items of that transaction. CCN has no obligation to archive or retain unaccepted or expired bids, and may delete said unaccepted or expired bids from the CCN Website without notice.
You agree to pay all fees, including applicable taxes, associated with a CCN Website Service invoked under your account in a timely manner with a valid payment method. CCN reserves the right to use any lawful collection method to collect overdue amounts, including collecting by any payment method associated with your account. You acknowledge CCN HAS A NO-REFUND POLICY FOR THE FEES
CHARGED BY CCN and agree that CCN has no obligation to refund any fees
owed to CCN.
The Buyer and Seller are responsible for any applicable taxes or other (e.g import taxes, customs, duties, use taxes or personal transfer taxes etc.) that may be levied personally as a result of these transactions. CCN pays out funds held for the seller, 21 days after the funds have been settled and the transaction accepted by the buyer.
7. Buyer and Seller Dispute Resolution
During a 24-hour waiting period after CCN receives reasonable confirmation of delivery of an item from a Seller to a Buyer (see section 6 above for definitions), the CCN Website will normally permit the Buyer to give notice to CCN of a dispute with the Seller in respect of the item (the “Buyer-Seller Dispute”). If technical problems with the CCN Website prevent a Buyer from giving notice of a Buyer-Seller Dispute during the 24-hour waiting period, CCN may in its sole discretion decide to act on notice of the Buyer-Seller Dispute delivered to CCN by reasonable alternative methods. CCN may demand proof from Buyer of said notice having been dispatched for delivery during the 24-hour waiting period, without which CCN will not act on said notice. You are solely responsible for and CCN accepts no liability for the performance or availability of the internet connection or Internet Service Provider (ISP) you use to connect with the CCN Website.
Following proper notice of a Buyer-Seller Dispute, CCN will endeavor to provide messaging services between Buyer and Seller to facilitate resolution by the Buyer and Seller of the Buyer-Seller Dispute. You grant to CCN all rights required to examine, copy, distribute or publish contents of said messages and waive all privacy rights thereto.
During a Buyer-Seller Dispute, you agree that CCN may decide in its sole discretion to receive from you any funds that were pre-authorized prior to CCN receiving notice of the Buyer-Seller Dispute, and may in its sole discretion hold any funds received from you. You agree that a Buyer-Seller Dispute does not in any way affect CCN’s right to collect fees
During a Buyer-Seller Dispute, CCN will act on WRITTEN INSTRUCTIONS SIGNED BY BOTH BUYER AND SELLER, WHERE BOTH SIGNATURE ARE WITNESSED on the written form of the instructions, regarding disposition of any funds held by CCN on your behalf, provided CCN has not been served by an order of a court of competent jurisdiction prohibiting CCN from acting on said instructions. CCN has no responsibility or liability for acting on fraudulent or misleading instructions received by CCN.
IF THREE (3) YEARS AFTER PROPER NOTICE OF A BUYER-SELLER DISPUTE, CCN STILL HOLDS FUNDS ON YOUR BEHALF, YOU AGREE THAT CCN MAY IN ITS SOLE DISCRETION, EXCEPT WHERE CCN HAS BEEN SERVED BY AN ORDER OF A COURT OF COMPETENT JURISDICTION PROHIBITING CCN FROM DOING SO, PAY SAID FUNDS TO A CHARITABLE ORGANIZATION OF CCN’S CHOOSING AND WITH NO LIABILITY TO YOU FOR SAID FUNDS.
You agree that CCN has no obligation except as may be provided herein to intervene or become involved in any dispute between you as Buyer or Seller and another user or users, and no obligation to determine or bring proceedings to determine the disposition of funds held by CCN on your behalf as Buyer or Seller. Nothing in this User Agreement limits your right as Buyer or Seller to seek resolution of any dispute between you and another user or users in any court of law or to employ any lawful arbitration or other dispute resolution service or method.
8. Retail Sellers
You acknowledge and agree that retail sellers may advertise their products for sale on the CCN website, but not conduct transactions. Individuals members wishing to purchase an item listed for sale by a retail seller must contact that retailer directly and conclude the transaction outside of the CCN website. CCN is not responsible for and will not conduct sales between retail sellers and individual members.
9. Event and Other Management
Event and other organizers may use the CCN site for event management, including rider registrations, license applications and charitable auctions. CCN will not charge an organizer for creating an event account or for visiting the account. CCN charges for CCN Website Services, such as when a rider registers for an event or wishes to apply for a license. CCN will charge a Transaction Management Charge ('TMC©") for this as well as applicable taxes. The TMC© covers processing costs, including payment transaction charges incurred.
You acknowledge and agree that CCN may charge the TMC© in connection with registration and license applications. You the Organizer/promoter are responsible for reviewing, understanding and accepting all charges listed in the CCN registration fee schedule (Fees)(CCN registration fee schedule is subject to change without notice) for all CCN Website Services BEFORE clicking on final acceptance for those CCN Website Services. You agree to pay all charges, including applicable taxes, associated with a CCN Website Service incurred under your account. Charges will be deducted from the registration revenues collected on your behalf. CCN reserves the right to use any lawful collection method to collect overdue amounts, including collecting by any payment method associated with your account. CCN does not authorize refunds; it is your responsibility to reimburse or refund a registrant if you choose. You acknowledge THAT CCN HAS A NO-REFUND POLICY FOR CCN CHARGES and agree that CCN has no obligation to refund any charges. To protect against unlawful activity such as fraudulent events, CCN reserves the right to reserve payout of funds received until after the actual advertised event has occured. CCN pays out event and related funds processed, 21 days after the funds have been settled.
If you have a dispute with another user or other users, you release CCN and its affiliates, directors, officers, employees, consultants, agents, licensors, partners, successors, suppliers and any parent company or subsidiary of CCN (collectively, “CCN and Affiliates” or “CCN AND AFFILIATES”) from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of in any way connected with said dispute. You waive in favour of CCN all rights in your jurisdiction contrary to or limiting this release.
11. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE CCN WEBSITE AND ITS SERVICES IS ENTIRELY AT YOUR OWN RISK.
THE CCN WEBSITE AND ITS SERVICES ARE PROVIDED “AS IS” ON AN “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE LAW NOTWITHSTANDING THIS EXCLUSION. CCN AND AFFILIATES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USABILITY OF ANY FUNCTION OF THE CCN WEBSITE, PERFORMANCE AND RELIABILITY OF ANY CCN WEBSITE SERVICE, WARRANTIES IN RESPECT OF OTHER SERVICES OR GOODS OBTAINED OR ACCESSED THROUGH OR ADVERTISED ON THE CCN WEBSITE, NON-TRANSMISSION OF AND NON-EXPOSURE TO VIRUSES OR OTHER MALWARE THROUGH THE CCN WEBSITE, AND NON-INFRINGEMENT OF ANY PROPRIETARY RIGHTS.
CCN AND AFFILIATES DO NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF ITEMS ADVERTISED ON OR OBTAINED THROUGH THE CCN WEBSITE, THE ACCURACY OR QUALITY OF USER CONTENT, THAT CCN WILL TAKE ACTION AGAINST ALL BREACHES OF THIS USER AGREEMENT, THE ABILITY OF A SELLER TO SELL ITEMS, THE ABILITY OF A BUYER TO BUY AND PAY FOR ITEMS, OR THE OPPORTUNITY TO RESOLVE A DISPUTE BETWEEN BUYER AND SELLER.
Some jurisdictions do not permit or restrict the scope of disclaimers of warranties. The disclaimers of warranties of this User Agreement apply only to the fullest extent permitted by such jurisdictions, thus some of the above may not apply to you.
12. Limitation of Liability
CCN AND AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES, EITHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, RESULTING FROM YOUR USE OF OR YOUR INABILITY TO USE THE CCN WEBSITE OR ITS SERVICES. NON-LIMITING EXAMPLES OF SUCH LOSS AND DAMAGES INCLUDE LOSS OF PROFITS, REVENUE, GOODWILL OR DATA, LOSS ARISING FROM INTERRUPTION, TERMINATION, MODIFICATION OR MISUSE OF THE CCN WEBSITE OR ITS SERVICES, AND DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), WHETHER OR NOT CCN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SUCH LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Some jurisdictions do not permit or restrict the scope of limitations and exclusions of liability. The limitations and exclusions of liability of this User Agreement apply only to the fullest extent permitted by such jurisdictions, thus some of the above may not apply to you.
You agree to indemnify and hold CCN and Affiliates harmless from any claim or demand, including reasonable attorney fees
and court costs, due to or arising out of your use of the CCN Website or its Services, your exposure to User Content, User Content you post or upload to the CCN Website, breach of this User Agreement, or your violation of any law or right of a third party.
14. Jurisdiction, Governing Law and Time Limitation
will be governed, interpreted and applied exclusively in accordance with the laws of the province of British Columbia, Canada and the laws of Canada applicable in British Columbia, which will be deemed to be the proper law of this User Agreement without giving effect to conflict of laws provisions of any jurisdiction. Any claim, cause of action, legal proceeding or litigation arising from or in connection with or in any way relating to use of the CCN Website or its Services will be brought solely in the courts of British Columbia, and any appellate court there from, and you consent to the jurisdiction of such courts.
Any statute or law to the contrary notwithstanding, any claim or cause of action due to or connected with use of the CCN Website or its Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You may terminate your user account at any time. To cancel your user account, please click here. You acknowledge and agree that CCN may in its sole discretion at any time terminate your account for any reason and without notice, and may suspend or discontinue the CCN Website Services at any time for any reason and without notice. While CCN will endeavour to provide notice of any planned discontinuance of the CCN Website Services, you agree that CCN will not be liable to you or any third party for any suspension, discontinuance or modification of the CCN Website Services or access thereto.
The provisions of sections 2, 3 and 5-14 will survive termination of this User Agreement or your account and any discontinuance of the CCN Website or its Services.
This User Agreement is the entire agreement between you and CCN relating to its subject matter, and supersedes all prior or contemporaneous oral or written agreements, communications, proposals, representations and warranties relating to its subject matter. During its term, this User Agreement prevails over any conflicting or additional terms relating to its subject matter of any communication between you and CCN. CCN’s failure to enforce or act in respect of a violation of this User Agreement will not in any way affect, limit or waive CCN’s right to act in respect of any subsequent or similar violation.
Copyright on every aspect and part of the website belongs to Cycle Component Network Inc. and Cycle Component Network Ltd. This is unless it is otherwise indicated. It may not be sold, copied, licensed, used or otherwise reproduced, in whole or part, in any manner or form without the prior written consent of Cycle Component Network Inc. or Cycle Component Network Ltd.
If any part of this User Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this User Agreement will continue to be valid and enforceable to the fullest extent permitted by law.