Terms & Conditions

The following describes the terms on which Cop-A-Bike.com offers you access to our services.

Introduction

Welcome to Cop-A-Bike.com. By using Cop-A-Bike.com (including Cop-A-Bike.com and its related sites, services and tools), you agree to the following terms with Cop-A-Bike.com and the general principles for the websites of our subsidiaries. If you reside outside of the United States, you are contracting with one of our international Cop-A-Bike.com USA.

This Agreement is effective on September 7, 2010, for current users, and upon acceptance for new users.

Scope

Before you may become a member of Cop-A-Bike.com, you must read and accept all of the terms in, and linked to, this User Agreement and the Cop-A-Bike.com Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use Cop-A-Bike.com sites or services, or when you use the tools we make available to interact with Cop-A-Bike.com sites and services. If you use another Cop-A-Bike.com site, you agree to accept the User Agreement and Privacy Policy applicable to that site. Some Cop-A-Bike.com sites, services and tools may have additional or other terms that we provide to you when you use those sites, services or tools.

Using Cop-A-Bike.com

*While using Cop-A-Bike.com sites, services and tools, you will not:
*post content or items in an inappropriate category or areas on our sites and services;
*violate any laws, third party rights or our policies, such as the Prohibited and Restricted Items policies;
*use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools;
*fail to deliver payment for items purchased by you, unless the seller has materially changed the item’s description after you made a deposit or down payment where applicable or a clear typographical error is made
*fail to deliver items purchased from you, unless the buyer fails to meet the terms manipulate the price of any item or interfere with other users’ listings;
circumvent or manipulate our fee structure, the billing process, or fees owed to Cop-A-Bike.com;
*Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
*Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Cop-A-Bike.com);
*Transfer your Cop-A-Bike.com account (including feedback) and User ID to another party without our consent;
*Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
*Distribute viruses or any other technologies that may harm Cop-A-Bike.com, or the interests or property of Cop-A-Bike.com users;
*Export or re-export any Cop-A-Bike.com tools except in compliance with the export control laws of any relevant jurisdictions;
*Copy, modify or distribute rights or content from the Cop-A-Bike.com sites, service or tools or Cop-A-Bike.com’s copyrights and trademarks; or
*Harvest or otherwise collect information about users, including email addresses, without their consent.
*that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturabation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or public area of any person
*that harrasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
Stalk or otherwise harass anyone.

Abusing Cop-A-Bike.com

Cop-A-Bike.com and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-Cop-A-Bike.com transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Cop-A-Bike.com sites, services or tools.

Buyer Protection

Buyers and sellers share the responsibility for making sure purchases facilitated by Cop-A-Bike.com are exciting, rewarding and hassle-free. We strongly encourage buyers to work with sellers before opening a claim relating to a purchase. Buyers and sellers agree to follow the requirements of the Cop-A-Bike.com Buyer Protection Policy with respect to claims. Cop-A-Bike.com Buyer Protection covers only claims filed in accordance with the Cop-A-Bike.com Buyer Protection Policy. We may suspend the Cop-A-Bike.com Buyer Protection Policy without notice if we suspect abuse or interference with the proper working of the program. We require Cop-A-Bike.com sellers to comply with our resolution process. Buyers and sellers permit us to make a final decision, in our sole discretion, on any claim that a buyer files with Cop-A-Bike.com under the Cop-A-Bike.com Buyer Protection Policy.

Fees and Services

Joining Cop-A-Bike.com and viewing on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days’ notice by posting the changes on the Cop-A-Bike.com site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days or discounted days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.) We may charge a fee to post content in some areas of the Service. The fee is an access fee permitting content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the terms of use. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the terms of use.

Content

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications that are provided by third parties (including Cop-A-Bike.com users). You may use catalog content solely in connection with your Cop-A-Bike.com listings during the time your listings are on Cop-A-Bike.com’s sites. While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree not to hold our catalog content providers or us responsible for inaccuracies in catalogs. If you choose to include catalog content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all Cop-A-Bike.com policies. The catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).

Limitation of Liability

You will not hold Cop-A-Bike.com responsible for other users’ content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are a classifieds based site. This site is a venue to allow anyone to offer, sell, and buy just about anything posted, at anytime, from anywhere, in a variety of pricing formats and locations, such as stores. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. 

We do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. You acknowledge that Cop-a-bike.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequentcy with which you may access the Service. You agree that Cop-a-bike.com has no responisibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Cop-a-bike.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Cop-a-bike.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Cop-A-Bike.com Buyer Protection Policy up to the full cost of the item (excluding any applicable sales tax), (b) the total fees (under Cop-A-Bike.com Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (c) $10.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

Access and Interference

The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Cop-A-Bike.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission. Additionally, you agree that you will not: take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of Cop-A-Bike.com and the appropriate third party, as applicable; interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

Listing Conditions

By listing an item on Cop-A-Bike.com’s sites, you agree to pay Cop-A-Bike.com’s fees for such, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions: When you list an item on Cop-A-Bike.com’s site, your listing will be posted on Cop-A-Bike.com’s site and can be viewed in My Account Cop-A-Bike.com. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so Cop-A-Bike.com can’t guarantee exact listing durations. Where your listing appears in search and browse results may be based on certain factors including listing format, title, keywords, price, feedback, and detailed seller ratings. You can read more about where your listings appear in search and browse results in Cop-A-Bike.com’s Help Pages.