By using and/or visiting this website (collectively, including all content and functionality available through the mtbiker.co.za domain name, the "MTBiker Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms and Conditions"), (2) MTBiker's privacy notice, found at http://www.mtbiker.co.za/privacy-policy and incorporated here by reference and also incorporated here by reference. If you do not agree to any of these terms, the MTBiker privacy notice, or the Community Guidelines, please do not use the MTBiker Website.
Although we may attempt to notify you when major changes are made to these Terms & Conditions, you should periodically review the most up-to-date version at http://www.mtbiker.co.za/terms-and-conditions. MTBiker may, in its sole discretion, modify or revise these terms and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
You agree that your use of the MTBiker Website shall be at your sole risk. To the fullest extent permitted by law, MTBiker, it's officers, directors, employees, and agents disclaim all warranties, expressed or implied, in connection with the website and your use thereof. MTBiker makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from our website, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (6) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the MTBiker website. MTBiker does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the MTBiker website or any hyperlinked website or featured in any banner or other advertising, and MTBiker will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitation of Liability:
In no event shall MTBiker, it's officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (1) errors, mistakes, or inaccuracies of content, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from our website, (5) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (6) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the MTBiker website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that MTBiker shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Website is controlled and offered by MTBiker from its facilities in the United States of America. MTBiker makes no representations that the MTBiker Website is appropriate or available for use in other locations. Those who access or use the MTBiker Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Before submitting the comment, you agree that:
1. To accept full responsibility for the comment that you submit.
2. To use this function only for lawful purposes.
3. Not to post defamatory, abusive, offensive, racist, sexist, threatening, vulgar, obscene, hateful or otherwise inappropriate comments, or to post comments which will constitute a criminal offense or give rise to civil liability.
4. Not to post or make available any material which is protected by copyright, trade mark or other proprietary right without the express permission of the owner of the copyright, trade mark or any other proprietary right.
5. To evaluate for yourself the accuracy of any opinion, advice or other content.
You agree to defend, indemnify and hold harmless MTBiker, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the MTBiker Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the MTBiker Website.