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 either Electra Bicycle Corporation, Trek Bicycle Corporation or its affiliate eTrek LLC (collectively referred to as “Electra”,"Trek," "we," "us," or "our" herein). You may download, view, and print text and graphics from the Electra 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 Electra. Electra are either trademarks or registered trademarks of Electra Bicycle Company. Other trademarks, service marks, slogans, logos and tradenames identified on the Electra site are the trademarks or registered trademarks of Electra, eTrek, Trek or third party licensors or other providers. None of such marks, names or logos may be used without the prior written consent of their owner. Items purchased through www.trekbikes.com are intended for individual use. They are not intended for resale.
"Forum" means a chat area, bulletin board, or e-mail function offered as part of the Trek site. Harassment in any manner or form on the Trek site, including via e-mail and chat or by obscene or abusive language, is strictly forbidden. You shall not upload to, distribute through, or otherwise publish on or through the Trek site any content that is libelous, defamatory, infringing, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. By uploading materials to any Forum or submitting any 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.
Electra or Trek does 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. Electra or Trek reserves the right, however, to block or remove communications or materials that it 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 to Electra or Trek in its sole discretion.
THE CONTENT IN THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TREK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TREK DOES NOT WARRANT THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TREK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TREK BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF TREK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The Electra site contains hypertext links to web sites of advertisers and other third parties. Electra does not control these websites and is 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 Trek and their owners or operators. You assume sole responsibility for use of third party links.
Your use of this Electra site shall be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this site (including but not limited to the purchase of Electra products) shall be filed only in the state or federal courts located in Jefferson County, Wisconsin and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. 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.
(c) 2014 Electra Bicycle Company