PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE OR PURCHASING PRODUCTS.

By using this site and/or purchasing products, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site or purchase products. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms will signify your acceptance of the revised terms.

DEFINITIONS

Web site” or “site” (singular and plural) shall mean any and all web pages, html information, text, documents, data, images, scripts, audio, video, object code, source code, and/or information contained or available at or through the http://www.BackSafer.com internet domain or its related internet protocol addresses. Web Site shall also mean any and all computer hardware and software owned, licensed, leased, and/or rented by us (or for our benefit) and used to generate, host, store, transfer, transmit, upload, download, or provide access to the web pages, html information, text, documents, data, images, scripts, audio, video, object code, source code, and/or information contained thereon, the http://www.BackSafer.com internet domain or its related internet protocol addresses.

“Product” (singular and plural) shall mean the BackSafer bicycle (including individually and collectively its component parts), any and all replacement parts, and any and all related items including the exercise and stabilizer stand.

“We,” “us” or “our” (singular and plural) shall mean The Ultimate Bicycle Company, Inc. and The Ultimate Bicycle Distribution Company, Inc. collectively.

OWNERSHIP; RESTRICTIONS ON USE OF MATERIALS

The entire content included in this site, including but not limited to text, graphics or code, is owned by or licensed to us. You may download, view, and print text and graphics from the our site, provided that such content is only used for informational, non-commercial purposes, and is not modified or altered in any way. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information or content from the Trek site in whole or in part without the prior written permission of us. BackSafer is a registered trademark of ours. Other trademarks, service marks, slogans, logos and tradenames identified on the our site are the trademarks or registered trademarks of their respective owners. None of such marks, names or logos may be used without the prior written consent of their owner.

SUBMITTED MATERIALS

By uploading, transmitting, or e-mailing materials to us, you automatically grant us a perpetual, royalty-free, irrevocable, nonexclusive right and license, subject only to express restrictions set forth in our Privacy Statement, to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the world.

We do not and cannot review all communications and materials posted to or created by users accessing our site and is not in any manner responsible for the content of these communications and materials. We reserves the right, however, to block or remove communications or materials that we determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable in our sole discretion.

RETURN POLICY AND WARRANTY CLAIMS FOR PRODUCTS

We provide each original retail purchaser of the bicycle a one (1) year warranty against defects in materials and workmanship in the bicycle frame, paint, decals, components, and rigid fork when purchased from an authorized BackSafer dealer. This warranty is expressly limited to the repair or replacement of a defective frame, fork, or defective part and is the sole remedy of the warranty. This warranty applies only to the original owner and is not transferable. Claims under this warranty must be made through an authorized BackSafer dealer. Proof of purchase is required. A warranty registration card must be completed and received by us before a warranty claim may be processed. Any and all duties, postage, fees, and costs associated with the transportation of the Product to and from an authorized dealer for a warranty repair shall be borne exclusively by you.

The warranty does not cover normal wear and tear, improper assembly or follow-up maintenance, installation of parts or accessories not originally intended or compatible with the bicycle as sold, damage or failure due to accident, misuse, or neglect, or modification of the frame, fork, or components. This warranty does not affect the statutory rights of the consumer.

ALL SALES ARE F.O.B. OUR WAREHOUSE LOADING DOCK, MIAMI, FLORIDA, USA. ALL SALES ARE FINAL. No returns are permitted without our prior written authorization. All returns, if allowed by us at our sole and absolute discretion, shall bear a 35% restocking fee. Any and all duties, postage, fees, and costs associated with the return of the Product to us shall be borne exclusively by you.

PRODUCT USE; ASSUMPTION OF RISK

All of our products are shipped with an Owner's Manual and/or an owner's video. You agree that prior to your use of the product that you have thoroughly read and understood the Owner's Manual and/or an owner's video. If your product did not come with an Owner's Manual and/or an owner's video, you agree to let us know in writing prior to using the product.

We strongly recommend that you wear a helmet when you use your product. The failure to wear a helmet may result in serious injury or death. To learn more about the importance of wearing a helmet and to keep up with current head protection technology, please visit the Bicycle Helmet Safety Institute.

Catalog and web site product descriptions are not instructions. You must read and follow written instructions that accompany any products.

Reflectors are not a substitute for proper lights. It is your responsibility to equip your bicycle with all state and locally mandated lights. Riding at dawn, at dusk, at night or at other times of poor visibility without a bicycle lighting system which meets local and state laws and without reflectors is dangerous and may result in serious injury or death.

If you ride your bike before dawn or after dusk, your bicycle must be equipped with lights so that you can see the road and avoid road hazards, and so that others can see you. Traffic laws treat bicycles like any other vehicle. That means you must have a white front and a red rear light operating if you are riding after dusk.

It is important for your safety that your bicycle is regularly inspected and serviced. The failure to regularly inspect and service your helmet may result in serious injury or death.

Obey any and all applicable local, state, and federal laws related to your use of the product.

PRIVACY AND COOKIES

In connection with your transaction and/or visit to the web site, we may obtain information about you as described herein, which we handle as stated herein.

We may collect nonpublic personal information about you from the following sources:

i.Information we receive from you on applications, other forms, or e-mail;

ii. Information about your transaction with us, our affiliates or others;

iii. Information we receive from a consumer reporting agency; and

vi. Information we receive from you from your use of our site.

We may disclose any and all of the information we collect, as described above, to companies that perform marketing services on our behalf or to other institutions with whom we have joint marketing agreements. We make such disclosures about you as a consumer, customer, or former customer.

We may also disclose nonpublic personal information about you as a consumer, customer, or former customer, to nonaffiliated third parties as permitted by law.

We restrict access to nonpublic personal information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal restrictions to guard your nonpublic personal information.

Additionally, for site management purposes, our site uses software programs to create statistics. The information collected may be used by us for any and all lawful purposes. We collect and store the following information:

i. The name of the domain from which you access the Internet,

ii. The date and time you access our site,

iii.The bandwidth used by you,

iv.The pages you peruse and files you access, and

v.The Internet address of the web site from which you linked directly to our site.

If you access restricted areas of the web site, we also collect and store your user name and password and monitors your access in the restricted area.

"Cookies" are small bits of text (letters and numbers) that are either used for the duration of a session, or saved on your computer in order to identify you, to track your access of the site, and to customize the site based upon your preferences. We may use Cookies on the site.

DISCLAIMER

WE, ON BEHALF OF OURSELVES AND OUR DISTRIBUTORS, ADVERTISERS, ATTORNEYS, AFFILIATES, BUSINESS PARTNERS, AND SUPPLIERS, MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR OUR PRODUCTS. YOU AGREE THAT OUR EXCLUSIVE AND SOLE LIABILITY WITH RESPECT TO OUR PRODUCTS AND/OR OUR SITE UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY, CONTRACT, OR ANY AND ALL OTHER THEORIES WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF WE DETERMINE, IN OUR SOLE DISCRETION, THAT REPLACEMENT IS IMPRACTICAL, TO REFUND YOU THE FEES BY YOU FOR THE PRODUCTS AND SERVICE AND TERMINATION OF THIS AGREEMENT.

THE PRODUCTS AND THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND AND WE, ON BEHALF OF OURSELVES AND OUR DISTRIBUTORS, ADVERTISERS, ATTORNEYS, AFFILIATES, BUSINESS PARTNERS, AND SUPPLIERS, HEREBY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FURTHER, WE, ON BEHALF OF OURSELVES AND OUR DISTRIBUTORS, ADVERTISERS, ATTORNEYS, AFFILIATES, BUSINESS PARTNERS, AND SUPPLIERS, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS WHATSOEVER THAT: (A) THE PRODUCTS AND/OR THE SITE WILL SATISFY YOUR REQUIREMENTS OR NEEDS; (B) THAT THE PRODUCTS AND/OR SITE WILL BE TIMELY, ERROR-FREE, FREE FROM DEFECTS, UNINTERRUPTED, VIRUS-FREE, OR SECURE; (C) AND THAT DEFECTS IN THE PRODUCTS AND/OR SITE WILL BE CORRECTED.

YOU ACKNOWLEDGE THAT ANY AND ALL INFORMATION YOU RETRIEVE THROUGH THE SITE OR YOUR USE OR NON-USE OF THE PRODUCTS IS DONE AT YOUR CHOICE AND RISK AND THAT YOU ARE AND WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, INJURY, AND/OR LOSS

INDEMNIFICATION

You will defend, indemnify and hold us and our parents, subsidiaries, affiliates, business partners, agents, officers, directors, shareholders, attorneys, and employees, harmless from any claim or demand, including reasonable attorneys´ fees and costs, made by any and all third parties due to or arising out of your use of our products and/or site and/or any violation of this Agreement by you.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE OR OUR SUPPLIERS, DISTRIBUTORS, AFFILIATES, BUSINESS PARTNERS, ADVERTISERS, RESELLERS, AND/OR ATTORNEYS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COST OF PROCUREMENT OF SUBSTITUTED SERVICES, OR ANY OTHER PECUNIARY AND NON-PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCTS AND/OR THE SITE, EVEN IF WE OR OUR SUPPLIERS, BUSINESS PARTNERS, DISTRIBUTORS, AFFILIATES, ADVERTISERS, ATTORNEYS, AND/OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE LICENSEE.

REMEDIES

Your entire liability and your exclusive remedy shall not exceed the lesser of either (1) the fees paid by you for the product and/or site or (2) $150 U.S.

FORCE MAJEURE

We will not be liable for any nonperformance, delay, error, injury, or other loss or damage caused by any events or conditions that are beyond our reasonable control.

LINKS

Our site contains hypertext links to web sites of advertisers and other third parties. We do not control these websites and are not responsible for their content. The existence of such links does not indicate any approval, endorsement or authentication of any material appearing on such linked sites or any association between us and their owners or operators. You assume sole responsibility for use of third party links.

SUBPOENAS AND DISCLOSURE GENERALLY

You understand that the use of our product and our site is not anonymous. Subject to any subpoenas or any other legal process that may require us to disclose information, we shall disclose any and all information in our possession regarding you without any prior notice to you. You agree that any and all information you disclose to or otherwise make available to us before, during, and after the Term of this Agreement is our sole and exclusive property.

OTHER

You shall comply with all applicable export laws, restrictions, and regulations of the United States or foreign agency or authority.

This Agreement shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Florida, United States, without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The sole jurisdiction and venue for any dispute regarding the terms of this Agreement or any action relating to the subject matter hereof or naming us, our officers, employees, agents, shareholders, attorneys, or partners, shall be bought before a court of competent jurisdiction in Miami, Florida, U.S.A. The prevailing party in any action to enforce this Agreement shall be entitled to recover reasonable costs and expenses, including, without limitation, reasonable attorneys' fees and cost.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

Without limiting the foregoing, this Agreement is binding upon and inures to the benefit of the parties and their respective successors and assigns.

Our failure to insist upon or enforce strict performance of any provision or right of this Agreement will not be construed as a waiver of any provision or right.

You shall commence any claim or cause of action arising under or otherwise occurring by reason of this Agreement within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.

Section heading are for reference only and shall not expand or limit the rights and duties between the parties.