Terms of Service

 
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
This Mountain Bytes LLC General Terms of Service (“Service Terms”) is provided to you (“Customer”) in connection with the Mountain Bytes LLC service that Customer has purchased (the “Service”). These terms and conditions comprise the entire agreement between Customer and Mountain Bytes LLC with respect to the Service.

PAYMENT
Unless stated in writing otherwise, all fees and charges are nonrefundable. Mountain Bytes LLC may change the fees and charges then in effect, or add new fees or charges, by giving Customer notice in advance.

MODIFICATIONS TO TERMS OF SERVICE AND SERVICE
Mountain Bytes LLC may change the terms and conditions of the Service from time to time. Upon any such change, Mountain Bytes LLC will notify the Customer by posting the changes to the site from which the Service was purchased. Mountain Bytes LLC reserves the right to modify or discontinue the Service with or without notice to Customer. Mountain Bytes LLC shall not be liable to Customer or any third party should Mountain Bytes LLC exercise its right to modify or discontinue the Service. Customer’s use of the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service Terms and its modifications.

PRIVACY POLICY
It is Mountain Bytes LLC’s policy to respect the privacy of its Customers. For information on our privacy practices, please review our privacy policy at www.mountainbytesllc.com/privacy/

CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA
Customer agrees that prior to Mountain Bytes LLC servicing any Customer equipment it is Customer’s responsibility to (1) back-up the data, software, information or other files stored on Customer’s computer disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (2) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer’s product. Customer agrees that whether or not Customer requests back-up services from Mountain Bytes LLC and/or its third party service provider, neither Mountain Bytes LLC nor its third party service provider shall be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media.

LIMITATIONS TO SERVICE
Mountain Bytes LLC shall not be liable for any failure or delay in performance due to any cause beyond its control. Mountain Bytes LLC and/or its third party service providers reserve the right to refrain from providing the Services ordered and instead refund Customer’s payment, wholly or in part, on the basis that the minimum system requirements are not met or the technical needs (including wiring or overcoming physical or technical barriers) or other requirements of the Customer are unusual or extensive and beyond the scope of these Service Terms, as determined by Mountain Bytes LLC.

INDEMNIFICATION
Customer agrees to indemnify, defend, and hold harmless Mountain Bytes LLC (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable attorneys’ fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by Mountain Bytes LLC by reason of, or arising from: (a) Customer’s breach of this Agreement; (b) Customer’s actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person; (c) Customer’s actual or alleged failure to promptly pay sums due Mountain Bytes LLC or third parties; (d) Customer’s failure to comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of Customer (or its officers, directors, employees or agents).

DISCLAIMER OF WARRANTIES
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOUNTAIN BYTES LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOUNTAIN BYTES LLC MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES MOUNTAIN BYTES LLC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM MOUNTAIN BYTES LLC OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO EACH CUSTOMER. IT IS THE RESPONSIBILITY OF CUSTOMER TO BACK-UP ALL DATA ON COMPUTERS AND OTHER DEVICES; MOUNTAIN BYTES LLC WILL NOT BE HELD LIABLE FOR LOSS OF ANY CUSTOMER DATA.

LIMITATION OF LIABILITY
MOUNTAIN BYTES LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF MOUNTAIN BYTES LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO EACH CUSTOMER.
 
It is Customer’s responsibility to back-up the software and data that is stored on Customer’s computers, hard disk drive(s), and/or on any other storage devices Customer may have, and Mountain Bytes LLC shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. Mountain Bytes LLC shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Customer by Mountain Bytes LLC. Notwithstanding any language to the contrary, Mountain Bytes LLC’s maximum liability to Customer arising from or related to Mountain Bytes LLC under this Agreement shall be limited to the sums paid by Customer to Mountain Bytes LLC under this Agreement during the three months prior to the time the cause of action arose.

TERMINATION
Either Customer or Mountain Bytes LLC may immediately terminate the Service upon written notice to the other party. Upon termination of the Service, Customer's right to use the Service immediately ceases. Customer shall have no rights and Mountain Bytes LLC will have no obligations regarding the Service thereafter.

LAWS
The Service Terms shall be governed by and construed in accordance with the laws of the State of Arizona excluding its conflict of law provisions. Customer and Mountain Bytes LLC agree to submit to the exclusive jurisdiction of the courts in Flagstaff, Arizona. If any provision of the Service Terms is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Customer and Mountain Bytes LLC agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

 
Privacy Policy