THESE TERMS AND CONDITIONS OF ORDER ARE SUBJECT TO ALL APPLICABLE PROVISIONS CONTAINED IN AUTOCYCLEDESIGN’S TERMS AND CONDITIONS OF USE WHICH ARE INCORPORATED HEREIN BY REFERENCE.

Please review your order for any discrepancies or changes required. AutoCycleDesign must be notified immediately via email or fax of any discrepancies or changes.

Payment
Due to the custom nature of your order, a deposit of two thousand dollars ($2000.00) is required before an order can be scheduled for production or delivery. An interim payment will be due halfway through the creation of a customer’s custom product. The balance due will be required and paid in full prior to the actual delivery of your custom product. The date payment is received by AutoCycleDesign determines the date scheduling and lead times will begin.

Products
Buyer should note that all products are new and covered under our warranty only. AutoCycleDesign makes no additional representations, warranties or guarantees other than the ones made herein or in AutoCycleDesign’s Terms and Conditions of Use. By placing an order with AutoCycleDesign, you acknowledge that AutoCycleDesign is not associated or affiliated with any original equipment manufacturer and the custom products are not in any way recommended, endorsed, licensed or sponsored by any original equipment manufacturer. The custom products are not intended to and will not be sold as licensed goods. All orders placed herein for bicycles are considered ‘custom’, and will be ‘matched’ to each customer’s specifications at the request of individual parties. No original equipment or third party manufacturer badges, emblems, stickers or insignia will be provided with the purchase of a custom bicycle. All original equipment or third party manufacturer badges, emblems, stickers or insignia may be purchased and/or sourced by the customer through authorized dealers for their personal use and application. AutoCycleDesign respects the rights (including the intellectual property rights) of others, and we ask our customers to do the same.

Order Rejection
We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address or street address you gave us when you placed the order and or telephone you at the number you have supplied us. Please note that AutoCycleDesign does not accept international orders.

Order Limitations/Limited Quantities
AutoCycleDesign may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. AutoCycleDesign also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. AutoCycleDesign reserves the right to limit or prohibit sales to dealers.

AutoCycleDesign’s products are manufactured and finished by hand, samples of which are provided are typical of our finish.

Shipping
All orders placed are subject to lead times commensurate with the production of a custom product and will be shipped according to AutoCycleDesign's shipping policies. All orders are sold F.O.B.; we guarantee all parts from defects or damage base from our factory. Customer is responsible for all freight charges. Shipping costs vary by carrier and will be estimated at the time of sale if requested by customer. No international orders will be accepted by AutoCycleDesign. Shipping Insurance is highly recommended and available at customers’ expense.

Delivery
Orders are received and processed as quickly as possible and all efforts are made to accomplish deliveries by the dates which have been requested and agreed upon. All dates are subject to a sixty (60) day tolerance range. Also, unforeseen aspects in the design of a custom product may cause additional delays. If there should be a delay in the production of a certain piece, notice will be given to the customer as soon as possible. Customer will then have the option to set a new date for delivery or order a substitute for the piece, or cancel from the order that particular piece responsible for delay.

Cancellations / Returns / Restocking Fee
Because of the nature of our custom products no cancellations will be accepted after production has been initiated by AutoCycleDesign. All cancellations will be subject to a thirty percent (30%) cancellation fee based on the final sales price of each custom bicycle and/or your order. This cancellation fee is used to cover AutoCycleDesign’s processing and administrative costs and will be deducted from the initial deposit amount.

Damaged or Defective Items
As you unpack the product, please inspect it and call AutoCycleDesign if there are any damaged or missing pieces. Any product defects must be reported in writing to AutoCycleDesign within five (5) working days of delivery. If a damaged or defective bicycle is not reported within five (5) working days of delivery, replacement or repair is the responsibility of the buyer.

Ownership
AutoCycleDesign has authored certain technical drawings and created and manufactured certain products all of which relate to the custom bicycles being purchased. Customer acknowledges that AutoCycleDesign is the author, creator and sole owner of these products, support and marketing materials, and all rights or copyrights therein and trademarks related thereto. Customer shall not acquire any right, title, or interest in AutoCycleDesign's copyrights, trademarks or other intellectual property. Additionally, Customer shall not acquire any right, title or interest in any custom molds, dies, etc… that AutoCycleDesign creates for Customer’s bicycle and such molds, dies, etc… shall remain the exclusive property of AutoCycleDesign.

Limitation of Damages
AutoCycleDesign makes no representations or warranties of any kind, either express or implied, regarding the custom bicycle being purchased. AutoCycleDesign is not responsible for damages resulting from delays in the processing of orders. In no event will AutoCycleDesign, its suppliers, or any other party involved in processing orders be liable for any actual, special, indirect, incidental or consequential damages that may arise from the purchase of AutoCycleDesign’s bicycles.

Variation in color, texture and shading from piece to piece is not considered a defect. Warranty is limited to replacement or repair of manufacturing defects. Any defective product will be replaced.

Venue
Any claim arising out of this Agreement or related to any purchase shall be governed by and construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. The parties consent to venue and personal jurisdiction in San Diego, California and any action brought in connection with this Agreement or a purchase shall be brought in either the state or federal courts in San Diego, California.

Terms and Conditions of Web Site Use

EFFECTIVE APRIL 1, 2007

Introduction
Welcome to the AutoCycleDesign, Inc. (“AutoCycleDesign”) Web Site. AutoCycleDesign provides its products to you subject to the following Terms and Conditions. If you visit and make purchases at AutoCycleDesign.com (the “Site”) which is operated by AutoCycleDesign, you agree to abide by these Terms and Conditions as well as the Terms and Conditions of Order when you use the Site or make a purchase. If you do not agree to these Terms and Conditions of Use, do not use any portion of the Site. AutoCycleDesign reserves the right to revise these Terms and Conditions at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions, so please visit this page from time to time.
 
1. Nonexclusive License
We grant you a nonexclusive, nontransferable, limited right to access and display the Site and the content provided herein for personal use, provided that you comply fully with these Terms and Conditions of Use. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of AutoCycleDesign. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including drawings, images, text, page layout, or form) of AutoCycleDesign without our express written consent. You may not use any meta tags or any other "hidden text" utilizing AutoCycleDesign's name, logo or trademarks without the express written consent of AutoCycleDesign. Any unauthorized use terminates the license granted by AutoCycleDesign. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of AutoCycleDesign.com so long as the link does not portray AutoCycleDesign, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any AutoCycleDesign logo or other proprietary graphic or trademark as part of the link without the express written permission of AutoCycleDesign.

2. Prohibited Uses
Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate purpose. You agree not to use the Site to (i) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (ii) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or (ii) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any AutoCycleDesign employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that: (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (x) creates a link to another site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without express written permission. You agree that you will not use the Site for chain letter, junk mail, “spamming,” solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.

3. Usage and Monitoring
AutoCycleDesign does sell products for children. If you are under 18, you may use the Site only with involvement of a parent or guardian. AutoCycleDesign reserves the right to refuse service, remove or edit content, or cancel orders in its sole discretion. While AutoCycleDesign has no obligation to monitor the Site and is not responsible for the content of any messages, information or files transmitted on the Site, AutoCycleDesign reserves the right to delete and take other appropriate action with respect to such messages, information or files with which AutoCycleDesign, in its sole discretion, deems objectionable or otherwise in violation of these Terms and Conditions. AutoCycleDesign further reserves the right, in its sole discretion and without notice, to deny access to the Site to anyone at any time. If you do post or submit photographs, materials or content of any nature (the “Content”), and unless indicated otherwise, you hereby grant AutoCycleDesign a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You grant AutoCycleDesign the right to use the name that you submit in connection with such Content. You represent and warrant that you own or otherwise control all of the rights to the Content that you submit; that the Content is accurate; that use by AutoCycleDesign of the Content you supply does not violate any rights and will not cause injury to any person or entity; and that you will indemnify AutoCycleDesign for all claims resulting from Content you supply. AutoCycleDesign respects the intellectual property of others. If you believe that your material has been copied in a way that constitutes copyright or trademark infringement, please notify us immediately.

4. Privacy
Your use of the Site constitutes your consent to AutoCycleDesign’s privacy policy posted on the Site which is updated from time to time. You may review the current AutoCycleDesign privacy policy at www.AutoCycleDesign.com.

5. Copyright Ownership
All content included on this site, including but not limited to drawings, text, graphics, photographs, logos, and software, and all derivative rights thereof is the property of AutoCycleDesign or its content and product suppliers and is protected by United States and international copyright laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material is prohibited. AutoCycleDesign, its content and product suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secrets.

6. Trademark Ownership
AutoCycleDesign, Inc. and its related marks and logos are trademarks and/or service marks of AutoCycleDesign and are protected by United States and international trademark law. They may not be used without the written permission from AutoCycleDesign and all rights are reserved. All other trademarks and servicemarks are the intellectual property of their respective owners.

7. Web Linking
Links may appear on the Site that may be used to link to other web sites. These links are provided as a courtesy to our visitors. AutoCycleDesign has no control over the linked web sites or other materials, information, goods or services available or contained on these linked sites. AutoCycleDesign is not responsible for and does not endorse or guarantee accuracy in any way of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. AutoCycleDesign reserves the right to terminate any link at any time.

8. Purchases
All items purchased from AutoCycleDesign are made pursuant to our Terms and Conditions of Order which apply to all orders and can be found at www.AutoCycleDesign.com

9. Disclaimer and Limitation of Damages
(a) AutoCycleDesign is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. The Site (including, without limitation, all content, software, functions, materials and information made available or described on the Site or accessed by means thereof) is provided “as is,” without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, AutoCycleDesign makes no warranty or representation, either express or implied, that access to or operation of the site will be uninterrupted or error free. In no event will AutoCycleDesign, its suppliers, or any other party involved in creating, producing or delivering the Site’s content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site. ADDITIONALLY, PLEASE UNDERSTAND THAT AUTOCYCLEDESIGN MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO YOUR CUSTOM BICYCLE(S) AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW YOUR BICYCLE IS DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY AUTOCYCLEDESIGN WITH RESPECT TO YOUR BICYCLE. YOU ASSUME THE COST OF SERVICE, REPAIRS, OR CORRECTIONS TO YOUR BICYCLE OR OTHER EQUIPMENT. IN NO EVENT WILL AUTOCYCLEDESIGN OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE YOUR BICYCLE, EVEN IF AUTOCYCLEDESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF AUTOCYCLEDESIGN OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR YOUR BICYCLE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b) Any statements and opinions appearing on the Site are those of its authors, and AutoCycleDesign assumes no responsibility for such statements and opinions. Neither AutoCycleDesign nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site. While AutoCycleDesign makes reasonable efforts to present accurate and reliable information on the Site, AutoCycleDesign does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk. Reference herein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by AutoCycleDesign. Please use caution and common sense in making use of any information on the Site or any other resources on the Internet.
(c) Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the Site.
(d) Although we do not share or sell customer profile information including email addresses gathered on the Site with outside organizations, we make no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
(e) By viewing this Site, you acknowledge that AutoCycleDesign is not associated or affiliated with any original equipment manufacturer and the bicycles depicted on this Site are not recommended, endorsed, licensed or sponsored by any original equipment manufacturer. They are not intended to and will not be sold as licensed goods. All orders placed herein for bicycles are considered ‘custom’, and will be ‘matched’ to each customer’s specifications at the request of individual parties. No original equipment or third party manufacturer badges, emblems, stickers or insignia will be provided with the purchase of a custom bicycle. All original equipment or third party manufacturer badges, emblems, stickers or insignia may be purchased and/or sourced by the customer through authorized dealers for their personal use and application. AutoCycleDesign respects the rights (including the intellectual property rights) of others, and we ask our customers to do the same.

10. Indemnification
You agree to indemnify and hold AutoCycleDesign and its subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party, including original equipment manfacturers, due to or arising out of your use of the Site, violation of these Terms and Conditions, violation of the Terms and Conditions of Order or other infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.

11. Applicable
Laws AutoCycleDesign operates the Site from its offices in California and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. The display of the Site alone does not subject AutoCycleDesign to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or condition. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. The parties consent to venue and personal jurisdiction in San Diego, California and any action brought in connection with the Site or Site content shall be brought in either the state or federal courts in San Diego, California. Communications made through the Site’s e-mail and messaging system shall in no way be deemed to constitute legal notice to AutoCycleDesign or any of its officers, employees, agents or representatives, such as where notice to AutoCycleDesign is required by contract, or any federal, state or local laws, rules or regulations.