TERMS AND CONDITIONS OF MEMBERSHIP AND WEB SITE USE:
By accessing and/or using the website, you agree to be bound by the terms. SDCBC may at any time modify any of the terms and such modification will supersede and replace any previous terms. The amended terms will be made available on the website. Each time you access the website and/or use the services offered via the website, you agree to be bound by the terms, as may be modified from time to time.
We will make every effort is update the information provided on this website on a regular basis, SDCBC makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website from time to time. SDCBC reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data and/or content on the website. You waive any rights that you may have or obtain against SDCBC arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that SDCBC acts on your instructions/orders or instructions/orders purported to emanate from you and you indemnify SDCBC against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that SDCBC has acted on your instructions/orders or instructions/orders which purported to emanate from you.
Copyright and all intellectual property rights in all materials, texts, drawings and data made available on this website (collectively “the materials”) are owned by SDCBC alternatively, SDCBC is the lawful user thereof and are protected by The State of California Law, USA Law and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use. The materials or any component thereof for your own internal purposes and for the purposes of ordering products from SDCBC. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of SDCBC. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of SDCBC.
You shall not use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify SDCBC and its owners and partners against any loss, liability, damage or expense of whatever nature which SDCBC or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any message or material as aforesaid.
Warranties, Disclaimers and Limitation of Liability. Save as set out in the terms, SDCBC makes no warranties, representations, statements or guarantees (whether express, or implied in law or residual) regarding the website and the products and the website and products made available via the website are provided “as is”.
Neither the partners or contributors, or SDCBC, or its staff or board members shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website and/or any information contained on or via the website and/or your use of the products. Without limiting the generality of the foregoing, SDCBC, nor its directors shall be liable for any failure and/or unavailability of the website for any reason whatever and/or the failure/delay by any third party service provider to render any service which are necessary to ensure the availability of the website. You hereby indemnify SDCBC or its directors against any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid. Notwithstanding anything to the contrary contained herein, SDCBC shall not be liable for any direct, indirect, contingent or consequential loss (including but not limited to loss of business, loss of data and/or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance of any information offered on or via the website and/or your use of the products. Without limiting the generality of the aforegoing, SDCBC shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order be stopped or cancelled. By accessing the website, you warrant and represent to SDCBC that you are legally entitled to do so to purchase any of the products offered for sale via the website. You further warrant that all the details you have given are true and complete and that you are legally capable of concluding this transaction. If you are younger than 18 years of age you warrant that you have the consent of your legal guardian to enter into this agreement with SDCBC or that you have obtained legal status in another manner. We may in our sole discretion at any time suspend or terminate the operation of this website without prior notice to you and without the need to give you reasons for such termination.
SDCBC does not make any warranty or representation that information and products advertised on the website are appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to SDCBC that you are legally entitled to do so and to make use of information and purchase the products made available via the website. All offers must be overseen by a competent adult(s) who can accept full responsibility for you as a minor or not fully competent person(s) SDCBC may not necessarily take no responsibility for any of the offers that you may or may not use with regards to any of the establishments terms and conditions. SDCBC merely provides offers that may or may not be of use or be beneficial to you and we warrant that we cannot be held liable for loss or damage that arises from any suggested offer.
To qualify for any and all discounts your membership needs to be active and up to date paid in full. Misuse of this membership card constitutes fraud, along with any vouchers etc.. SDCBC and the participating rewards clients will not be held liable for any form of reimbursement or compensation whatsoever.
SDCBC and its members and partners cannot be held liable for any costs relating to offers that cannot be claimed for whatever reason, and memberships should not be taken up if you possibly think otherwise. If your bike falls over, jersey gets torn, pipes you buy don’t work or jacket zips break, SDCBC cannot be held liable. The Club is meant entirely for the purposes of providing as many offers as are possible to the member, however there should be no guarantee or expectation whatsoever from the member about what benefits he might gain. SDCBC membership may change rules, processes, regulations, partners, offers, vouchers or other vouchers, and special offers at any time, with or without notice. This means that changes may be initiated that affect, but are not limited to, partner affiliations, SDCBC reserves the right to terminate SDCBC membership immediately upon notice to all members on the web site. This means that although SDCBC has set out to gain you advantage from its various partners it cannot guarantee, control or manage offers, all of which are clearly subject to change from time to time, without any prior notice. All offers are subject to the availability of stock, the ability of the supplier to maintain his offer over the period and SDCBC has no involvement, recourse or participation in managing how partners go about handling member redemption of rewards. All rights are reserved.
Without detracting from the provisions of your account terms and conditions, the terms constitute the sole record of the agreement between you and SDCBC in relation to your use of this Website. No indulgence or extension of time which either you or SDCBC may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights. SDCBC shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.
All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.
Should SDCBC be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as SDCBC is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding event. In the event that force majeure continues for more than fourteen days after it has first occurred then SDCBC shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An “event of force majeure” shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement or any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities.
These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflict of law.