Terms and Conditions
The Terms and Conditions page provides a detailed description of the rules and guidelines that apply to the use of this website or application. This sets out both the legal obligations of the user and those of the owner of the website or application.
This website is operated by Night Ride, and when we refer to "we", "us", or "our", we mean Mechs 'n Motion, the provider of this website. By using this website, including all information, tools and services available here, you agree to the terms, conditions, policies and notices stated in these Terms and Conditions. This Agreement applies to all users of the site, including but not limited to visitors, browsers, vendors, customers, merchants, and contributors of content.
We kindly request that you read these Terms and Conditions carefully before using the website. By accessing any part of the site or using the site as a whole, you agree to these Terms and Conditions. If you do not agree to any term of this agreement, then you may not access the Website or use the Services. If these General Terms and Conditions are considered an offer, acceptance is expressly limited to these General Terms and Conditions.
Please note that any new features or tools added to this online store shall also be subject to these Terms and Conditions. You can consult the most recent version of these General Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.
Please note that our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that enables us to sell our products and services to you.
Online store terms and conditions
By agreeing to these Terms and Conditions, you represent that you have reached the age of majority under the laws of your state or province of residence. By allowing minor dependents to access this website, you represent that you have legal guardianship of them or have permission from their legal guardian to do so. You agree not to use our products for any illegal or unauthorized purpose and to abide by all applicable laws in your jurisdiction, including but not limited to copyright laws. You may not transmit malicious code, such as worms or viruses.
Any violation of these terms may result in immediate termination of your services.
Terms and conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content, not including credit card information, may be transferred unencrypted and involve transmissions over various networks. Credit card information is always encrypted during transmission. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission. The headings used in this agreement are included for convenience only and will not limit these Terms.
Accuracy, completeness and timeliness of information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain some historical information, but it is not current and is provided for reference purposes only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
Adjustments to the service and prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Products or services
Certain products or services are available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange according to our Refund Policy. We have done our best
to display as accurately as possible the colors and images of our products displayed in the store. We cannot guarantee that your computer monitor's display of colors will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, change or cancel per-person, per-household, or per-order purchase limits. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases you make at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detailed information and specific terms regarding the online store, including return policy and warranty, you are advised to consult the specific policies and information on Night Ride's website.
Optional tools
We may provide you with access to third-party tools over which we neither have any control, ownership or control. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which third-party tools are provided by the relevant third party.
We may, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
Links to third parties
Certain content, products and services available through our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we make no warranties or representations regarding any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.
User comments, feedback and other submissions
If, at our request, you send certain specific entries (for example, contest entries) or without our request you send us creative ideas, suggestions, proposals, plans or other materials, online, by email, by postal mail or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay any compensation for comments; or (3) to respond to comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable.
You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy
, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Personal information
Submission of personal information through the store is governed by our Privacy Policy. Please see our Privacy Policy for more information.
Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have placed your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should not be assumed that the Service or on any related website has been updated, modified or clarified.
Prohibited use
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful act; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe our intellectual property rights or the intellectual property rights of others; (e) to bully, abuse, insult, harm, defame, harass, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or maintain the personal information of others; (i) for spam, phishing, pharm, pretext, spider, crawl, or scrape purposes; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security systems of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer of warranties; limitation of liability
We do not warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representations, warranties or conditions of any kind also, whether express or implied, including all implied warranties or conditions of merchantability, merchantability, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Night Ride, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, lost profits, lost sales, lost savings, loss of data, replacement costs or any similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, which results
from your use of any of the Service or any products acquired through the Service, or for any other claim relating in any way to your use of the Service or product, including, but not limited to, errors or omissions in any content , or any loss or damage of any kind incurred as a result of the use of the Service or any product (or content) posted, transmitted or otherwise made available through the Service, even if notified of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify and hold harmless Night Ride and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees, that submitted by a third party arising out of or in connection with your breach of these Terms and Conditions or the documents they refer to, or your violation of any law or the rights of a third party.
Severability
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such that such invalidity or unenforceability shall not affect the validity and enforceability of the remaining provisions.
Termination
The obligations and responsibilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If in our sole discretion you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including of termination; and/or accordingly, we may deny you access to our Service (or any part thereof).
Agreement
The obligations and responsibilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If in our sole discretion you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including of termination; and/or accordingly, we may deny you access to our Service (or any part thereof).
Agreement
The obligations and responsibilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If in our sole discretion you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including of termination; and/or accordingly, we may deny you access to our Service (or any part thereof).
Entire agreement
The failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, oral or written, between you and us (including, but not limited to, any
previous versions of the General Terms and Conditions).
Any ambiguity in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Applicable law
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 10 Coolidge Avenue, Suite 101, Oradell, NJ, 07649, United States.
Changes to the general terms and conditions
You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Contact information
Questions about the Terms and Conditions should be sent to us using the contact information found on our website.