These Terms of Service (“Terms”) govern your access to and use of ColemanMiniBike.com and any affiliated sites, services, tools and applications (the “Site”). The Site is operated by Coleman Powersports, Inc. (“Coleman Mini Bike” or “we”). By using any component of the Site you signify acceptance of these Terms. If you do not agree to these Terms, do not access or use the Site.
These Terms constitute a contract between you and Coleman Mini Bike governing your access and use privileges. We reserve the right to modify Terms without notice, so check back often. Using the Site following changes means you accept the revised Terms. If at any time the modified Terms are unacceptable, you must immediately stop accessing the Site.
Use of Site & Content
The Site grants personal, non-exclusive, non-transferable, limited privilege to enter and use the Site solely as permitted by Coleman Mini Bike. You must only use the Site and content for lawful purposes. You are prohibited from:
- Copying, distributing, publicly displaying, modifying or otherwise using content from the Site in any way for commercial purposes or gains without explicit written permission.
- Attempting to circumvent technological access control methods or breach Site security measures in any way that risks exposing consumer data, compromising intellectual property, or jeopardizing Site security or functionality.
Intellectual Property Rights
All elements of the Site are copyrighted works belonging to Coleman Mini Bike and our partners and licensors including all trademarks, brands, logos, databases, blog content, downloads and graphics on the Site. Do not alter or remove Coleman Mini Bike copyright notices. You are granted limited access rights to Site content per above, but no intellectual property ownership or rights are transferred to you.
Submissions & User Content
Any content, materials or communications voluntarily transmitted to public forums on the Site become Coleman Mini Bike property. Do not send us any confidential, proprietary or sensitive content you do not wish exposed publicly. With the exception of credit card data, any personal information within submissions may be used by Coleman Mini Bike as deemed appropriate.
We have no responsibility for deleting or monitoring content posted publicly. If you believe any user content violates laws, regulations or rights, notify Coleman Mini Bike to investigate and make a determination at our discretion.
Advertisements and Promotions
Coleman Mini Bike may run advertisements and promotions from third parties on the Site. Your dealings or correspondence with advertisers besides Coleman Mini Bike are solely between you and such advertiser. All transactions and use terms associated with third party advertisements are governed by the advertiser’s own terms and policies. We shall not responsible for any loss suffered in relation to third party promotions.
Disclaimer of Warranties and Limitation of Liability
The information, software and services on the Site are provided “AS IS” without warranty of any kind. Coleman Mini Bike disclaims all warranties express or implied including fitness for a particular purpose and non-infringement. We make no representations or guarantees regarding Site uptime or availability, access delays, whether content is accurate or error-free.
Under no circumstances shall Coleman Mini Bike, our affiliates, contractors, principals, partners, employees, agents, suppliers, vendors or content providers be liable to you for direct, indirect, special, punitive, incidental or consequential damages arising from use of or inability to access the Site. This limitation of liability applies if the alleged liability is based on contract, negligence, strict liability or other basis even if Coleman Mini Bike knew or should have known of potential for such damages.
Indemnification
Upon request, you agree to defend, indemnify, and hold harmless Coleman Mini Bike, our affiliates, vendors, agents and employees from any and all liabilities, claims and expenses including attorneys’ fees arising from:
- Your misuse or violation of Site Terms and Conditions
- Your violation of any third party rights including intellectual property rights
- Any user content or submissions you provide
- Your violation of any law, regulation or rights in relation to accessing the Site
Termination of Site Access
Coleman Mini Bike may terminate, block, suspend or limit your access to the Site at our sole discretion without notice or liability for any reason. Coleman Mini Bike reserves the right to refuse service and end business relationships at our discretion.
Applicable Law and Disputes
These Terms are governed by laws of the State of Indiana. Use of the Site constitutes consent to exclusive venue and jurisdiction in state or federal courts within Marion County and/or the Northern District of Indiana. If any part of the Terms is found invalid or unenforceable by court of law, the remaining provisions will still retain force and effect.
Modifications to Site and Terms
Coleman Mini Bike reserves the right to modify Site content, functionality, format, performance, policies, hours of availability, and these Terms without notice for any reason. Continued use of the Site after changes become effective serves as your binding acceptance of the updated Terms.
Complete Agreement
These Terms constitute the entire agreement between you and Coleman Mini Bike relating to use of the Site. No other collateral agreements, representations or understandings whether written or oral shall be enforced between the parties related to the Site.
Additional Terms for Purchases and Payments
When purchasing products available through the Site, additional sale terms and payment terms incorporated here by reference shall further govern such orders and transactions:
- Published product pricing, specifications and availability
- Product listing descriptions, requirements, photos and documentation
- Shipping policy governing deliveries and transfer of title
- Returns, refunds and exchanges policies
- Relevant sales and use tax calculation and collection disclosures for your state
- Payment processing terms governing use of acceptable payment methods such as credit cards, debit cards, electronic funds transfers and financed purchases
Review all policies related to financial transactions to understand payment arrangements. Use of any online ecommerce functionality confirms agreement to associated financial terms.
User Account Creation and Usage
Creation of a user account on the Site to access services like member-only purchasing, product registration, parts lookups or other premium features is governed by the following provisions:
- You must be at least 18 years old or accessing the Site under direct adult supervision to create an account
- Account creation requires providing a valid email address which will receive notifications regarding your account
- Choose usernames and passwords that only disclose identity on a need-to-know basis and never share credentials with anyone
- Use contact tools within the account portal for quickest assistance with account issues
- Coleman Mini Bike owns account data and may terminate accounts at any time without reason
- You are liable for account usage and unauthorized access if credentials are exposed through negligence
- Closing accounts may involve permanently deleting personalized settings and order history based on retention policies
- Changes to account terms will be communicated via the email on file
Responsible account creation and usage maintain security and enhance the program features provided.
Contact Us
For any issues relating to these Terms of Service or use of this Site, please contact us at:
Coleman Mini Bike
125 Distribution Lane, Plainfield, IN 46123
(800) 555-8111
coleman-minibike.com
We will make every reasonable effort to address your concerns promptly.