Terms and Conditions
TERMS OF SERVICE: BIKE BIVY
OVERVIEW
This website is owned and operated by Bike Bivy. Throughout the site, the terms “we”, “us” and “our” refer exclusively to Bike Bivy. We offer this website, including all information, tools, and services available herein, to you, the user, contingent upon your express and irrevocable acceptance of all terms, conditions, policies, and notices stated here.
By accessing our site or purchasing any product, you engage in our “Service” and agree to be legally bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms, conditions, and policies referenced herein or available via hyperlink (including our Warranty, Returns, and Privacy Policies). These Terms apply to all users without exception. IF YOU DO NOT AGREE TO THE ENTIRETY OF THESE TERMS, YOU ARE PROHIBITED FROM ACCESSING THE WEBSITE OR UTILIZING ANY SERVICES.
SECTION 1 - ONLINE STORE COMPLIANCE
By agreeing to these Terms, you represent and warrant that you have reached the age of legal majority in your jurisdiction of residence. You may not utilize our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including, but not limited to, intellectual property and copyright laws) through the use of the Service. A breach of any Term, as determined in the sole discretion of Bike Bivy, shall result in the immediate termination of your access to the Service.
SECTION 2 - GENERAL PROVISIONS & RESERVATION OF RIGHTS
We reserve the right to refuse service to any individual or entity, for any reason, at any time, at our sole and absolute discretion. You acknowledge that your content (excluding sensitive credit card data) may be transferred unencrypted over various networks. You are strictly prohibited from reproducing, duplicating, copying, selling, or exploiting any portion of the Service without express, prior written authorization from Bike Bivy.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
While we strive for excellence, Bike Bivy does not warrant that information on this site is accurate, complete, or current. The material provided is for general information only; reliance upon it is strictly at your own risk. This site may contain historical information which is provided for reference only. We reserve the right to modify site content at any time without notice. It is your affirmative duty to monitor changes to the site.
SECTION 4 - MODIFICATIONS TO SERVICE AND PRICING
All prices for our products are subject to change without prior notice. We reserve the unilateral right to modify or discontinue the Service (or any part thereof) at any time. Bike Bivy shall not be liable to you or any third party for any price adjustment, modification, or discontinuance of the Service.
SECTION 5 - PRODUCTS, LIMITATIONS, AND ASSUMPTION OF RISK (VEHICLE RACKS & SPEED CONTROLS)
Certain products may be available exclusively online. These items may have limited quantities and are subject to return or exchange strictly in accordance with our Return Policy. We have made every effort to display product colors and images accurately; however, we cannot guarantee that your device’s display will be an exact representation. We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction at our sole discretion. Any offer for any product or service made on this site is void where prohibited by law.
Roof-Top Vehicle Rack Prohibition: Bike Bivy products are strictly prohibited from use on vehicle roof-top bike racks or roof transport systems. Roof-top deployment constitutes an unauthorized misuse and immediately voids all warranties.
Hitch-Mount Vehicle Rack Compatibility Condition & Risk Assumption: Bike Bivy products are engineered for use on vehicle hitch-mount bike racks only if the manufacturer of your specific bike rack explicitly states and authorizes that the rack can be used with a full bicycle cover. Covering a bicycle drastically increases aerodynamic drag and wind load.
Traffic Law and Driving Regulation Compliance: When transporting a Bike Bivy on an authorized hitch-mount rack, you must fully comply with all state, federal, and local traffic laws, Department of Transportation (DOT) regulations, and vehicle operation laws. This includes, but is not limited to, ensuring the bivy does not illegally obscure your vehicle’s license plate, taillights, brake lights, or turn signals, and ensuring your vehicle load remains safely secured under local law.
Prudent Driving Speed and Ambient Environmental Conditions: You have an affirmative duty to monitor weather conditions and adjust your driving behavior accordingly when transporting a Bike Bivy. If prevailing environmental factors (including, but not limited to, severe crosswinds, heavy rain, snow, or high ambient wind speeds) dictate that the posted speed limit is too high for the safe transport of a covered bicycle, you must proactively lower your vehicle's speed to match the driving conditions. Adherence to a posted speed limit does not excuse reckless transport during extreme weather.
By utilizing a Bike Bivy on a hitch-mount rack, you warrant that you have verified compatibility with your rack manufacturer, confirmed compliance with all local driving laws, and expressly assume all liability and risk for securing the product properly. Bike Bivy disclaims all liability for property damage, personal injury, structural rack failures, traffic citations, fines, or third-party vehicular accidents resulting from unauthorized roof-top use, unapproved rack deployment, traffic law violations, failure to secure the product properly, failure to adjust vehicle speed to match hazardous driving conditions, or reckless driving
SECTION 6 - BILLING AND ACCOUNT INTEGRITY
We reserve the right to reject any order you place. We may, at our sole discretion, limit or cancel quantities purchased per person or per household. In the event of an order modification or cancellation, we may attempt to notify you via the contact information provided at the time of the order. You agree to provide current, complete, and accurate purchase and account information for all transactions.
SECTION 7 - THIRD-PARTY TOOLS AND EXTERNAL LINKS
We may provide access to third-party tools "AS IS" and "AS AVAILABLE" without any warranties, representations, or endorsements of any kind. Bike Bivy shall have zero liability arising from or relating to your use of optional third-party tools. Similarly, third-party links on this site may lead to websites not affiliated with us. We are not responsible for examining the content or accuracy of such sites and assume no liability for any third-party materials, products, or services.
SECTION 8 - USER SUBMISSIONS, MEDIA ASSESSMENTS, AND LICENSE GRANT
If you forward specific submissions (e.g., creative ideas, suggestions, proposals, or plans), or submit product photos/videos via email or web portals for Warranty evaluation or Trade-In grading (collectively, "Comments"), you hereby grant Bike Bivy an irrevocable, perpetual, non-exclusive, royalty-free, and worldwide license to edit, copy, publish, distribute, translate, and analyze such Comments and media in any medium.
We are under no obligation to: (1) maintain Comments or media in confidence; (2) pay compensation; or (3) respond. We reserve the unilateral right to monitor or remove content that we deem unlawful, offensive, or in violation of any party’s intellectual property.
SECTION 9 - PERSONAL INFORMATION
Your submission of personal information through the storefront is strictly governed by our Privacy Policy, which is incorporated herein by reference. By accepting these Terms, you expressly consent to the data processing practices outlined in our Privacy Policy.
SECTION 10 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on our site may contain typographical errors or omissions relating to product descriptions, pricing, promotions, shipping charges, and availability. Bike Bivy reserves the right to correct any such errors and to change or update information—or cancel orders—if any information is inaccurate at any time without prior notice.
SECTION 11 - PROHIBITED USES
In addition to other restrictions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to infringe upon or violate the intellectual property rights of Bike Bivy or others; (c) to harass, abuse, or discriminate; (d) to upload malicious code; (e) to scrape, crawl, or spider any portion of the Service; or (f) to circumvent security features. Violation shall result in immediate termination of your access.
SECTION 12 - COMPREHENSIVE DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Bike Bivy does not guarantee that your use of the service will be uninterrupted, secure, or error-free. You expressly agree that your use of the service is at your sole risk. The service and all products are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In no event shall Bike Bivy, our directors, officers, employees, or affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, or consequential damages of any kind—including lost profits, lost revenue, replacement costs, property damage (including bicycle finishes or components), or personal injury—arising from your use of the service or any products procured therefrom. In jurisdictions where the exclusion of such liability is restricted, our liability shall be limited to the maximum extent permitted by law.
SECTION 12 - COMPREHENSIVE DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
BIKE BIVY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL BIKE BIVY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY 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 CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.
WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF BIKE BIVY TO YOU FOR ALL CLAIMS, DAMAGES, INJURIES, OR LOSSES ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR ANY BIKE BIVY PRODUCT SHALL BE STRICKTLY LIMITED TO THE ACTUAL DOLLAR AMOUNT PAID BY YOU TO BIKE BIVY FOR THE SPECIFIC PRODUCT GIVING RISE TO THE LIABILITY. 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.
SECTION 13 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Bike Bivy and our affiliates, officers, and employees from any claim or demand—including reasonable attorneys’ fees—made by any third party due to or arising out of your breach of these Terms of Service, your misuse of the product (including vehicle transport), or your violation of any law or third-party rights.
SECTION 14 - "GEAR FOR LIFE" TRADE-IN PROPERTY ABANDONMENT
Under our Trade-In Program, items exhibiting structural failure, heavy mold, or bio-fouling will be rejected. If an item is rejected, you will be notified via email. If you do not pay for return shipping or provide written instruction to recycle the item within thirty (30) calendar days of notice, the item shall be contractually deemed Abandoned Property. Bike Bivy retains the right to dispose of or recycle abandoned property without compensation or liability to you.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms is adjudicated to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the maximum extent permitted by law. The unenforceable portion shall be deemed severed, and such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties accrued prior to the termination date shall survive the termination of this agreement. These Terms remain in effect until terminated by either you or Bike Bivy. If, in our sole judgment, you fail to comply with any provision, we may terminate this agreement immediately without notice, and you will remain liable for all amounts due up to the date of termination.
SECTION 17 - ENTIRE AGREEMENT
The failure of Bike Bivy to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right. These Terms of Service constitute the entire legal agreement and understanding between you and Bike Bivy, superseding all prior agreements or proposals. Any ambiguities in interpretation shall not be construed against Bike Bivy as the drafting party.
SECTION 18 - MANDATORY BINDING INDIVIDUAL ARBITRATION AND GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States, without regard to conflict of law principles.
ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR THE SALE OF PRODUCTS SHALL BE SETTLED EXCLUSIVELY VIA BINDING, INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES AND SHALL TAKE PLACE PHYSICALLY IN THE COMMONWEALTH OF VIRGINIA OR VIRTUALLY. YOU EXPLICITLY WAIVE YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS-ACTION LAWSUIT.
SECTION 19 - UNILATERAL MODIFICATIONS TO TERMS
Bike Bivy reserves the unilateral right to update, modify, or replace any portion of these Terms by posting updates to our website. Your continued use of the Service following the posting of modifications constitutes express acceptance of those changes.
SECTION 20 - PAYMENT DISPUTES, CHARGEBACKS, AND DISPUTE REMEDIES
By completing a purchase on the Site, you explicitly agree to exhaust all customer service, warranty, and return procedures detailed in our store policies prior to initiating a payment dispute or chargeback with your financial institution or credit card issuer.
Fraudulent Chargeback Declarations: Initiating a chargeback for a delivered product, an unauthorized roof-top rack misuse event, a rejected trade-in item deemed Abandoned Property under Section 14, or a return initiated outside our explicit 30-day window constitutes a material breach of this contract.
Recovery of Costs: In the event that you initiate a chargeback or payment dispute that is subsequently resolved in favor of Bike Bivy, or deemed meritless under these Terms, you agree to reimburse Bike Bivy for all administrative costs, payment processor dispute fees (typically $15 to $25 per event), debt collection fees, and reasonable attorneys' fees incurred during the investigation and defense of the dispute. Bike Bivy reserves the right to suspend or permanently terminate your access to the Services and black-list your credentials from future transaction processing upon the initiation of an unauthorized chargeback.
SECTION 21 - COOKIE BANNER, DATA CONSENT, AND TRACKING OPT-OUT
We deploy cookie banners and consent management platforms on the Site to ensure compliance with regional data protection frameworks. By interacting with the Site, you acknowledge that certain essential cookies necessary for core storefront operations (such as shopping cart retention and security protocols) will deploy automatically upon arrival.
Consent Requirement: Non-essential cookies, including behavioral tracking, marketing pixels, and performance analytics, are legally blocked and will not execute until you interact with our cookie banner and grant explicit affirmative consent (“Opt-In”).
Right to Revoke & Opt-Out: You retain the absolute right to modify, revoke, or opt-out of data collection preferences at any time via the cookie settings panel on the Site, or by deploying recognized Global Privacy Control (GPC) signals in your browser. Disabling essential cookies via your browser settings may break storefront checkout functionality, and Bike Bivy disclaims all operational liability for broken site features resulting from user-side cookie blockage.
SECTION 22 - CONTACT INFORMATION
Questions regarding the Terms of Service should be directed to support@bikebivy.com.