PLEASE READ THESE TERMS & CONDITIONS carefully before using this website (‘the Site’).
These Terms and Conditions apply to all visits and use of the Site, as well as to the Content (as defined hereafter), information, recommendations and/or services provided to you on our through the Site.
By accessing or using the Site or other Ellsworthbikes.com products or services on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you signify your consent that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable law or regulation, whether or not you are a registered user of Ellsworthbikes.com.
OWNERSHIP OF CONTENT (IP)
All intellectual property on the Platform is owned by Asg International SRL or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the Ellsworth name) are owned, registered and/or licensed by ASG International SRL. All content on the Platform (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is the proprietary property of ASG International SRL. All rights reserved.
You may use the Content only for your own non-commercial use to participate in the Site or to place an order or purchase Ellsworthbikes.com products. The copyright owner of all content is and remains ASG International SRL. Except as may be otherwise indicated in specific documents within the Site, you are authorised to view, play, print and download documents, audio and video found on the Site for personal, informational, and non-commercial purposes only. You agree not to modify any of the materials and not to copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. Except as authorised under the law relating to copyright, you may not reuse any Content without first obtaining the consent of ASG International SRL, unless it is your own User Generated Content that you legally post on the Site. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the Site. You agree not to use any data mining, robots, and scraping or similar data gathering methods. Nothing in these Terms and Conditions shall be interpreted as granting any license of intellectual property rights to you.
All trademarks, service marks and trade names of ASG International SRL used herein (including but not limited to: the word marks “Ellsworth”, “Ellsworth Bikes”, “the Ellsworth logo”) are trademarks or registered trademarks of ASG International or its affiliates, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Ellsworth trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without prior written consent of ASG International SRL. The use of Ellsworth trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, links or deep links between the Site and any other internet site, is prohibited without the express written consent of ASG International SRL.
All orders placed on the Site are subject to acceptance of Ellsworthbikes.com. This means that Ellsworthbikes.com may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Ellsworthbikes.com will issue a refund.
PROTECT YOUR USERNAME & PASSWORD
You may be required to register an account with us in order to access certain parts of the Site. You are responsible for any actions that take place while using your account. Safeguard your username and password and do not allow anyone else to use your username and password to access the Site. Ellsworthbikes.com is not responsible for any loss that results from the unauthorized use of your username and password, with or without your knowledge.
USER GENERATED CONTENT
“User Generated Content” is communication, materials, information, ideas, concepts, techniques, data, opinions, photographs, profiles, messages, notes, website links, text information, music, videos, images, designs, graphics, sounds, and any other content that you and/or other users of the Site post or otherwise make available on or through the Site, except to the extent the Content is owned by Ellsworthbikes.com.
MISUSE OF THE SITE
You are prohibited from using the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
USER CREATED CONTENT: GENERAL RULES
CONTENT IS NOT VERIFIED
Ellsworthbikes.com does not verify User Generated Content. Ellsworthbikes.com does not guarantee the Site will be free from User Generated Content that is inaccurate, deceptive, threatening offensive, defamatory, unlawful or otherwise objectionable. Ellsworthbikes.com is merely acting as passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Site. Even in the event Ellsworthbikes.com chooses to monitor any User Generated Content, Ellsworthbikes.com assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. Ellsworthbikes.com reserves the right at its sole discretion to block or remove any communications and materials it believes is not in accordance with these Terms and Conditions, or otherwise unacceptable to Ellsworthbikes.com, as well as edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
QUALIFICATION AND REGISTRATION
To become a user of the Ellsworthbikes.com Site, or post User Generated Content, you are required to register an account. You agree to provide accurate and current information about yourself in all registration forms on the Site. This Site is intended solely for users who are eighteen (18) years of age or older and it is a violation of these Terms and Conditions for anyone under the age of 18 to register on the Site. You represent and warrant that you are 18 years or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.
ELLSWORTHBIKES.COM RIGHTS TO YOUR POSTING
Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Ellsworthbikes.com, a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
LINKS TO THIRD PARTIES
For your convenience and to improve the experience on Ellsworthbikes.com, the Site may contain links to websites, applications or other products or services operated by other companies (“Third Party Sites”). Ellsworthbikes.com does not endorse, monitor or have any control over these Third Party Sites, which have individual and separate terms and conditions and privacy policies. Ellsworthbikes.com is not responsible for the content or policies of Third Party Sites and you access such Third Party Sites at your own risk.
You agree to indemnify, defend, and hold harmless Ellsworthbikes.com, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorney fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of these Terms and Conditions, any law or the rights of any third party.
The Site and the content are provided ‘as is’ and without any warranties of any kind, whether express or implied, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. The information on the Site is for general information purposes only and does not constitute advice.
Ellsworthbikes.com does not represent or warrant that the information and/or facilities contained in the site are accurate, complete or current, or that the site will be uninterrupted or error free, or that any defects in the site will be corrected or that the site or the server that makes the site available are free of viruses or any other harmful components. Ellsworthbikes.com does not make any warrantees or representations regarding the use of the materials in the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, and reliability or otherwise, in each case to the fullest extent permitted by applicable law.
Ellsworthbikes.com reserves the right to suspend or withdraw the whole or any part of the site at any time without notice without incurring any liability.
LIMITATION OF LIABILITY
You agree that the use of this Site is at your own risk. Neither Ellsworthbikes.com, nor any of its affiliates, officers, directors, nor any of its agents or any other party involved in creating, producing or delivering the site will be liable for any direct, indirect, special, consequential, or any other damages including any lost profits or lost data, that result from the use of, or the inability to use, the materials on the Site, including damages by viruses or any other incorrectness or incompleteness of the information on the Site, or the performance of the products and or services, even if Ellsworthbikes.com has been advised of the possibility of such damages. Your only remedy against Ellsworthbikes.com for the use of the Site or any content is to stop the use of the Site. Please note that some jurisdictions may not allow the exclusion from certain damages, so some of the above exclusions and limitations may not apply to you.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are governed by the laws of Italy and the parties hereby submit to the non-exclusive jurisdiction of the Italian Courts. If any portion of these Terms and Conditions become void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have legal effect.
PARTICIPATION DISCLAIMER (TERMINATION)
Ellsworthbikes.com reserves the right, in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Site for any or no reason, without notice, and without liability to you or anyone else. Ellsworthbikes.com also reserves the right to block users from certain IP addresses and prevent access to the Site. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Site, or on other platforms (e.g., Facebook, Twitter, Youtube, Google, Instagram etc), may continue to appear on the Site or on other platforms even after your User Generated Content is removed or your account has been terminated. These Terms and Conditions remain in full effect even after your account has been terminated.
If you have any questions or comments about the Site or any of our services, please contact us or write to us at: ASG North America: 16736 West Bernardo Drive. San Diego, CA 92127 (760) 788-7500