Terms & Conditions

/Terms & Conditions
Terms & Conditions 2018-01-17T09:12:02+00:00

Bingham Built DBA Kent Eriksen Cycles Terms of Service

The use of BinghamBuiltBikes.com (“Bingham Built”) and kenteriksen.com (Kent Eriksen Cycles) is governed by the following legal notices and conditions. By using Bingham Built and Kent Eriksen you agree to these conditions. Bingham Built does business as Kent Eriksen Cycles as well. The following document uses the name “Bingham Built” which includes everything under the Kent Eriksen Cycles brand as well. These are two separate brands under one legal business entity.

Electronic communications

Communications between you and Bingham Built may be done electronically. We may send you communications from us electronically, whether by e-mail, by posting notices on the website, or other electronic means. You agree that any such electronic communications are considered to be communications in writing. Bingham Built will take ordinary care when receiving, sending or storing personal information such as addresses or credit card information.  However, the security of such information cannot be guaranteed.

Intellectual Property

All content included on the website, including but not limited to text, graphics, logos, images, audio clips, data compilations, software is the property of Bingham Built and protected by United States and international copyright laws.

The Bingham Built name is a protected trademark of Bingham Built in the United States and/or other countries. These trademarks and trade dress may not be used in any manner prohibited by law or prohibited by Bingham Built, including but not limited to any manner likely to cause confusion among customers or to disparage or discredit Bingham Built. There may be other trademarks not owned by Bingham Built appearing on the website. Those trademarks are the property of their respective owners, who may or may not be affiliated with Bingham Built.

License and Site Access

Bingham Built grants you a limited license to use its website for personal use only. You may not copy or reproduce the website, or any portion of it, without Bingham Built’s express written consent. In addition, Bingham Built grants you a limited, revocable, and nonexclusive right to create a hyperlink to Bingham Built’s website, so long as the link does not portray Bingham Built in a misleading, derogatory, false, or otherwise offensive manner.

Your Account

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Bingham Built reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. If you are under 18, you may not use Bingham Built without the involvement of a parent or guardian over the age of 18.

Security

The Internet, being an open network, is not secure. If you choose to send any electronic communications to Bingham Built by means of this website (whether by means of email or posted messages on the website), you recognize the inherent risk of such an open network. Bingham Built does not, and cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely. However, with respect to the transmission of personal information including, but not limited to, credit card information, Bingham Built makes every effort to protect that information using reasonable security measures that generally meet acceptable industry standards for security. Such personal information should only be provided through our check-out procedure which uses encryption technologies to provide secure on-line transactions.

Reviews, Comments, Communications and other Content

You may post content on certain portions of Bingham Built’s or Kent Eriksen websites, and submit other content or information to Bingham Built or Kent Eriksen, provided that the content is legal, not injurious to third parties, or otherwise objectionable, as determined by Bingham Built. You are not permitted to post or submit software viruses, political campaign messages, commercial solicitations, chain letters, mass mailings, or any form of spam. You must use your own e-mail address in submitting or posting such content. Bingham Built reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

Posting content or submitting material shall grant Bingham Built the right to use and display such content pursuant to a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license. You grant Bingham Built and sublicensees the right to use the name that you submit in connection with such content, if they choose. By posting content or submitting material, you represent and warrant that you own or otherwise control all of the rights to that content or material, and that you will indemnify Bingham Built for all claims resulting from content you supply. Bingham Built has the right but not the obligation to monitor and edit or remove any activity or content. Bingham Built takes no responsibility and assumes no liability for any content posted by you or any third party.

Risk of Loss, Returns, Refunds and Title

All items purchased from Bingham Built are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Bingham Built does not take title to returned items until the item arrives at our place of business. At our discretion, a refund may be issued without requiring a return. In this situation, Bingham Built does not take title to the refunded item. For more information about our returns and refunds, please see our Return Policy.

Pricing and Product Descriptions

Bingham Built makes every effort to ensure that the price of each item listed for sale is accurate, and that its products are described accurately. However, a small number of items may at times be mispriced. In the event of a pricing error, Bingham Built shall have no obligation to fulfill the order, and will, at our sole discretion, either contact you to determine whether you would like to proceed with the order at the correct price, or cancel your order and notify you of such cancellation. Bingham Built does not warrant that product descriptions or pricing is accurate, or error-free. If a product offered by Bingham Built is not as described, your sole remedy is to return it in unused condition.

Press Releases

All press releases and other promotional materials are only current on their original date, unless otherwise stated. These materials were, to the best of Bingham Built’s knowledge, timely and accurate when issued. However, you should not rely on the continued accuracy of any such material beyond the date of issuance.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Bingham Built DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Bingham Built DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM Bingham Built ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Bingham Built WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY Bingham Built ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Bingham Built MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

The law of the State of Colorado and federal law to the extent applicable governs the use of Bingham Built sites. Any claim which qualifies to be filed in a court of law will be heard exclusively in the Colorado State Court, Routt County, Colorado.

Bingham Built’s Right to Amend and Remove Policies

Bingham Built has the right to modify, amend or delete any policy posted on its sites at any time or for any reason. If a court deems any policy or provision void or unenforceable, the remaining provisions and policies shall remain valid and enforceable.

Bingham Built and Kent Eriksen Address

Bingham Built, Inc. DBA Kent Eriksen Cycles
1136 Yampa St.
Steamboat Springs, CO 80487
USA

You may contact us by e-mail customers@kenteriksen.com or call us at 970-879-8484.