General Terms and Conditions for Use of the Bosch eBike System Dealer Portal

These General Terms and Conditions of Use (“Terms of Use”) only apply to the use of the Services (as defined below) provided via the Bosch eBike Systems Dealer Portal www.bosch-ebike.net operated by Robert Bosch LLC, 38000 Hills Tech Drive Farmington Hills, MI 48331 (hereinafter "Bosch eBike Systems", "we", "us") by you as a specialist bicycle retailer (herein-after"user", "you").

1. Service offering and availability

1.1. The Bosch eBike Systems Dealer Portal is a platform with a variety of functions that can be accessed on the Internet via www.bosch-ebike.net and which you, as a user, can use to download diagnostic software as well as operating instructions and technical documents, monitor service tickets, manage completed online training courses, download/use online tools for promoting sales and get general information relating to the products from Bosch eBike Systems.

1.2. The Service provided can involve, for example, the provision of data, software, test, im-age and video documents, information and other content (referred to collectively as "Content").

1.3. You must register in order to use these services. There is no charge for registering to use the Bosch eBike Systems Dealer Portal or the services offered there.

1.4. The Services may contain links to third-party websites that are not owned or controlled by Bosch eBike Systems. A link to a non-Bosch eBike Systems website does not mean that Bosch eBike Systems endorses or accepts any responsibility for the content, or the use, of such website. Bosch eBike Systems has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

2. Registration on the Bosch eBike Systems Dealer Portal

2.1. The Services are intended solely for users 18 years of age or older. By using the Services, you represent and warrant that you are 18 or older and otherwise have capacity to contract. Use of Services is void where prohibited. The Services are not available to any individual whose account has been terminated.

2.2. Registration online is available at www.bosch-ebike.net.

2.3. During the registration process you will be asked to provide certain information fro your account. You represent and warrant that all of your information is true and correct, and agree to keep this account information current. If this account information changes during the course of your usage, you must immediately correct your account information in the Bosch eBike Systems Dealer Portal in your personal settings, which can be found under "My Profile".

2.4. By submitting your registration data you are making us an offer for the conclusion of a user relationship on the basis of these terms and conditions for use. We shall decide on whether to accept your offer at our own discretion. If your registration is not confirmed by us by e-mail to the e-mail address provided by you within a reasonable deadline, you shall no longer be bound by your offer. If an e-mail confirmation is received, an open-ended user rela-tionship shall be established on the basis of these terms and conditions for use and we shall activate the requested user account. Once the link has been activated, you shall be entitled to use the Bosch eBike Systems Dealer Portal in line with these terms and conditions for use.

2.5. You may only register on the Bosch eBike Systems Dealer Portal once. Your registration, the user relationship and the user account and access data is non-transferable

2.6. You agree that we may provide notices to you of changes to these Terms of Use and/or our Privacy Policy, in one or more of the following ways an email or regular mail sent to an address you provided.

2.7. You are entirely responsible for maintaining the confidentiality of your access data, including your passwords.

2.8. It is also your responsibility to ensure that your access to the Bosch eBike Systems Dealer Portal and use of the Services provided in the Bosch eBike Systems Dealer Portal is restricted to you and to the persons authorized by you. If you have reason suspect unauthorized access to or use of your account, access to your user name or password, or any other breach of security, you must immediately notify Bosch eBike Systems via the Bosch eBike Systems Service Hotline. Please note: You are fully responsible for all use and/or other activity on the Bosch eBike Systems Dealer Portal carried out using your access data. You agree that all information you provide to create an account or otherwise is governed by our Privacy Policy, and you consent to all actions we may take with respect to your information consistent with our Privacy Policy. You agree not to use the account, username, or password of another user at any time.

3. Termination

3.1. Bosch eBike Systems reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Bosch eBike Systems will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof. The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. Bosch eBike Systems does not offer any specific uptime guarantee for the Services.3.2. You can terminate your user account at any time by contacting our Bosch eBike Systems Service Hotline.

3.2 In the event that you terminate your Bosch eBike Systems Dealer Portal user account, Bosch eBike Systems shall be entitled to irrevocably delete the data generated in association with your Bosch eBike Systems User Portal 30 calendar days after the termination comes into effect and after any statutory retention period has elapsed. The data protection provisions in relation to personal data shall have precedence and may allow for deletion at an earlier point.

3.3 Either party's right to terminate the agreement for cause shall remain unaffected. Such cause shall apply in particular if you repeatedly or gravely violate these terms and conditions for use.

4. Security and Technical Requirements

4.1. Your user rights shall be restricted to access to the Bosch eBike Systems Dealer Portal and the use of the Services available in the Bosch eBike Systems Dealer Portal in accordance with these Terms of Use.

4.2. To use the Services you will require internet connectivity and/or appropriate telecommunication links. We shall not have any responsibility or liability for any telephone, mobile data or other electronic data costs you may incur.

5. Copyright Infringement

It is the policy of Bosch eBike Systems to respond to claims of copyright infringement. If you believe in good faith that your copyrighted work has been reproduced on or through our Services without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent for the Services (“Designated Agent”) at the phone number, email or mailing address set forth below. Bosch eBike Systems will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws.

Designated Agent:
Alissa Cleland

Telephone number
+1 248 876 1000

Address
Robert Bosch
38000 Hills Tech Drive
Farmington Hills, MI 48331

Email address
bosch.us@us.bosch.com

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

6. A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

6. Intellectual Property

6.1. Subject to these Terms of Use and our Privacy Policy, including your payment of the fees for the Service, if any, Bosch eBike Systems hereby grants to you a limited, non-exclusive, revocable, non-transferable, non-sublicenseable, right to access and use the Services.

6.2. You acknowledge and agree that Bosch eBike Systems and its licensors own all right, title and interest, including all intellectual property rights, in and to the Services, and no rights in the foregoing are transferred to you hereunder. Text, images, graphics, sound, animations, videos and other content, as well as the arrangement of the same on the Services are protected by copyright and other intellectual property rights of Bosch eBike Systems and its third party licensors. The foregoing content of these Services may not be copied, disseminated, altered or made accessible to third parties for commercial purposes.

6.3. All Bosch eBike Systems trademarks, service marks, typefaces, company designs, logos and emblems on these Services are protected by trademark law. The marks and design elements used on our Services are intellectual property of Bosch eBike Systems and its affiliates. You will not copy, use, infringe upon, misappropriate or otherwise violate these marks and design elements. The Services may also contain other product, service and/or company names that may be the trademarks of their respective owners.

6.4. Unless specifically permitted herein, you will not, and will not cause others to (a) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, offer for sale, or create modifications, enhancements or derivative works based on the Services, or any intellectual property rights therein or thereto, or any portions thereof, or (b) rent, lease, loan, sell, or offer for sale access to or use of the Services, or any intellectual property rights therein or thereto, or any portions thereof.

7. Permitted Use of Content available in the Bosch eBike System Dealer Portal

7.1. You are only permitted to download Content ("Download") and to print Content if there is a download or print option in the Bosch eBike Systems Dealer Portal as a function (e.g. by means of a Download button).

7.2. You are hereby granted a limited, non-exclusive, revocable, l non-transferable, non-sublicenseable rights to use the Content downloaded by you exclusively in relation to the Services

8. Use of the software made available in the Bosch eBike System Dealer Portal

8.1. The following terms and conditions of this section 9 shall apply to software, updates and/or upgrades ("Software") supplied to you by Bosch eBike Systems on the Bosch eBike Systems Dealer Portal for downloading, provided these are not the subject of a separate agreement. In this case, only these provisions shall apply to the relevant software.

8.2. When you download the software, Bosch eBike Systems hereby grants you a limited, paid up, non-exclusive, revocable, non-transferable, non-sublicenseable right to use the software in accordance with the instructions for the purpose of diagnostics and for the maintenance and/or troubleshooting of Bosch eBike Systems’ systems.

8.3. You are not entitled to edit, modify, reverse engineer, decompile or disassemble the program code of the Software or parts thereof or access the source code in any other way or to produce derivative works from the software.

9. Prohibited activities

9.1. You will not circumvent, disable or otherwise interfere with the security and functionality of the Services or of features that prevent or restrict use or copying of any content or that enforce limitations on use of the Services or its content.

9.2. You will not use the Services in any manner that could disable, overburden, damage or impair the Services, or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.

9.3. You will not use any robot, spider, crawler, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Services or its content.

9.4. You will not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services , the server on which the Services is stored, or any server, computer or database connected to the Services.

9.5. You will not attack the Services via a denial-of-service attack or a distributed denial-of-service attack or introduce any viruses or malware into the Services.

Failure to abide by these provisions may subject you to civil or criminal legal action and may result in termination of your account or in termination of your use the Services.

10. Disclaimer of Warranty and Limitation of Liability

10.1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY CONTENT PROVIDED BY THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BOSCH EBIKE SYSTEMS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BOSCH EBIKE SYSTEMS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES OR CONTENT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

10.2. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BOSCH EBIKE SYSTEMS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF BOSCH EBIKE SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE LIABILITY OF BOSCH EBIKE SYSTEMS, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS, SUCCESSORS OR ASSIGNS EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) THE FEES PAID BY YOU FOR THE SERVICE REQUEST IN WHICH THE EVENT GIVING RISE TO LIABILITY OCCURRED, IF ANY, OR (B) $1000. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.

11. Changes to these Terms of Use

These Terms of Use may change from time to time. When accessing the Services or through other means of notice, you may be invited to review and accept material changes to these Terms of Use. Your continued use of the Services after we make changes is deemed to be acceptance of those changes, whether or not you have actually reviewed them. Bosch eBike Systems is not responsible for notifying you of changes to these Terms of Use. Please check these Terms of Use periodically for updates.

12. General provisions

12.1. These Terms of Service will be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflicts of law provisions.

12.2. These Terms of Service, and all rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by Bosch eBike Systems without restriction. Any attempted assignment by you will be null and void.

12.3. These Terms of Use, together with our Privacy Policy and any and all other policies or legal notices published by Bosch eBike Systems (each as amended or supplemented from time to time) (“Agreement”), constitute the entire agreement between you and Bosch eBike Systems concerning your use of the Services.

12.4. If any provision of this Agreement is deemed invalid, unenforceable or void by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Bosch eBike Systems’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Status: January 2017