Gear Swap Terms and Conditions

By using the McBike and Sport Gear Swap on this website you agree to the following terms and conditions of use.

You understand that all postings, messages, text, files, images, photos, or other materials ("Content") posted on, transmitted through, or linked from the McBike Gear Swap, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service.

Under no circumstances will McBike and Sport be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. McBike and Sport shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the McBike and Sport GearSwap, for violating the letter or spirit of the terms and conditions or for any other reason.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE MCBIKE AND SPORT SITE AND THE GEAR SWAP IS ENTIRELY AT YOUR OWN RISK. THE MCBIKE AND SPORT SITE AND THE GEAR SWAP ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MCBIKE AND SPORT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE MCBIKE AND SPORT SITE AND THE GEAR SWAP. TO THE FULLEST EXTENT PERMITTED BY LAW, MCBIKE AND SPORT DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MCBIKE AND SPORT SITE OR THE SITES OR GEAR SWAP, OR ACCESSED THROUGH ANY LINKS ON THE MCBIKE AND SPORT SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MCBIKE AND SPORT DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE MCBIKE AND SPORT SITE OR THE GEAR SWAP. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL MCBIKE AND SPORT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MCBIKE AND SPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE MCBIKE AND SPORT SITE OR THE GEAR SWAP, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE MCBIKE AND SPORT SITE OR THE GEAR SWAP, FROM INABILITY TO USE THE MCBIKE AND SPORT SITE OR THE GEAR SWAP, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE MCBIKE AND SPORT SITE OR THE GEAR SWAP. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MCBIKE AND SPORT SITE OR THE GEAR SWAP OR ANY LINKS ON THE MCBIKE AND SPORT SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MCBIKE AND SPORT SITE OR THE GEAR SWAP OR ANY LINKS ON THE MCBIKE AND SPORT SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

INDEMNITY

You agree to indemnify and hold McBike and Sport, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the McBike and Sport Gear Swap, your use of the McBike and Sport Gear Swap, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.