| |
KING CYCLE GROUP
Terms of Use and Legal Notices
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE
USING THIS SITE.
Welcome to King Cycle Group ("Site"). Please review
the following basic terms that govern your use of and purchase
of products from our Site. Please note that your use of our
Site constitutes your agreement to follow and be bound by
those terms ("Agreement"). King Cycle Group reserves
the right to change these terms and conditions from time to
time at its sole discretion.
GENERAL
We may from time to time change the terms that govern your
use of our Site. Your use of our Site following any such change
constitutes your agreement to follow and be bound by the terms
as changed. We may change, move or delete portions of, or
may add to, our Site from time to time.
SITE CONTENTS
CHRIS KING, KING CYCLE GROUP, and all other trademarks appearing
at this Site are trademarks of King Cycle Group.
The information on this Site is protected under the laws
of copyright trademark, and trade dress. This Site is owned
and operated by King Cycle Group. The works of authorship
contained in this world wide web site in the domain "www.chrisking.com,"
including, but not limited to, all design, text and images,
are owned, except as otherwise expressly stated, by King Cycle
Group, and may not be copied, reproduced, transmitted, displayed,
performed, distributed, uploaded, rented, sublicensed, altered,
stored for subsequent use, or otherwise used in whole or in
part in any manner without the prior written consent of King
Cycle Group, except to the extent that such use constitutes
"fair use" under the Copyright Act of 1976 (17 U.S.C.
§107), as amended, and except for one temporary copy
in a single computer's memory and one unaltered permanent
copy to be used by the viewer for personal and non-commercial
use only, with an attached copy of this page containing King
Cycle Group's Copyright and Trademark Notices. Modification
of the materials or use of the materials for any other purpose
is a violation of King Cycle Group's copyright and other proprietary
rights.
You acknowledge that you do not acquire any ownership rights
by downloading copyrighted material from the Site. Except
as expressly provided above, nothing contained herein shall
be construed as conferring any license or right under any
King Cycle Group copyright, patent or trademark. In the event
of any permitted copying, redistribution or publication of
copyrighted material, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be
made.
The contents of our Site, and the Site as a whole, are intended
solely for personal, noncommercial (other than for the purchase
of merchandise from our Site) use by the users of our Site.
You may download or copy the Contents and other downloadable
materials displayed on the Site for your personal use only.
No right, title or interest in any downloaded materials or
software is transferred to you as a result of any such downloading
or copying. You may not reproduce (except as noted above),
publish, transmit, distribute, display, modify, create derivative
works from, sell or participate in any sale of, or exploit
in any way, in whole or in part, any of the Contents, the
Site, or any related software.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and
other submissions disclosed, submitted or offered to King
Cycle Group on or by this Site or otherwise disclosed, submitted
or offered in connection with your use of this Site (collectively,
"Comments") shall be and remain King Cycle Group's
property. Such disclosure, submission or offer of any Comments
shall constitute an assignment to King Cycle Group of all
worldwide rights, titles and interests in all copyrights and
other intellectual properties in the Comments. Thus, King
Cycle Group will own exclusively all such rights, titles and
interests and shall not be limited in any way in its use,
commercial or otherwise, of any Comments. King Cycle Group
is and shall be under no obligation (1) to maintain any Comments
in confidence; (2) to pay to user any compensation for any
Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will
violate any right of any third party, including copyright,
trademark, privacy or other personal or proprietary right(s).
You further agree that no Comments submitted by you to the
Site will be or contain libelous or otherwise unlawful, abusive
or obscene material. You are and shall remain solely responsible
for the content of any Comments you make.
You agree that King Cycle Group may use and/or disclose information
about your demographics and use of the Site in any manner
that does not reveal your identity. By participating in Site
sweepstakes, contests, promotions, and/or requesting promotional
information or product updates, you agree that King Cycle
Group may use your information for marketing and promotional
purposes.
KING CYCLE GROUP'S COMMUNICATIONS TO YOU
You agree that King Cycle Group may send electronic mail to
you for the purpose of advising you of changes or additions
to this Site, about any of King Cycle Group's products
or services, or for such other purpose(s) as King Cycle Group
deems appropriate.
PRODUCT INFORMATION
Most King Cycle Group products displayed at the Site are available
through King Cycle Group directly or from select King Cycle
Group Dealers in the United States and select foreign markets.
In some cases, merchandise displayed for sale at the Site
may not be available in retail stores. The prices displayed
at the Site are quoted in U.S. Dollars and are valid and effective
only in the United States.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services
and resources, the availability and content of which King
Cycle Group does not control, any concerns regarding any such
service or resource, or any link thereto, should be directed
to the particular outside service or resource.
DISCLAIMER
King Cycle Group may change, move or delete portions of, or
may add to, this Site from time to time.
All materials, including without limitation, press releases
reproduced on this Site speak as of the original date of publication.
King Cycle Group has no duty or policy to update any information
or statements contained on this Site and, therefore, such
information or statements should not be relied upon as being
current as of the date you access this Site. Moreover, any
portion of the materials available on this Site may include
technical inaccuracies or typographical errors. Changes may
be made from time to time without notice to the materials
available on this Site and to the products described on this
Site.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, KING CYCLE GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
KING CYCLE GROUP DOES NOT WARRANT THE ACCURACY, COMPLETENESS
OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. KING
CYCLE GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND
NOT KING CYCLE GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR AND CORRECTION.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL KING CYCLE GROUP BE LIABLE FOR ANY LOST PROFITS, LOST
OPPORTUNITY, INDIRECT, SPECIAL INCIDENTAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE,
SITE OR ANY DOWNLOADED MATERIALS, EVEN IF KING CYCLE GROUP
OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL KING CYCLE GROUP'S TOTAL
LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU
PAID TO KING CYCLE GROUP, IF ANY, FOR PRODUCTS PURCHASED ON
THIS SITE.
SOME U.S. STATES AND FOREIGN COUNTRIES PROVIDE RIGHTS IN
ADDITION TO THOSE ABOVE OR DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. THEREFORE, THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU OR THERE MAY BE STATE PROVISIONS WHICH SUPERSEDE THE ABOVE.
ANY CLAUSE OF THE DISCLAIMER DECLARED INVALID SHALL BE DEEMED
SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF
THE REMAINDER. THE TERMS OF THE DISCLAIMER MAY ONLY BE AMENDED
IN A WRITING SIGNED BY KING CYCLE GROUP AND ARE GOVERNED BY
THE LAWS OF THE STATE OF OREGON.
INACCURACY DISCLAIMER
From time to time there may be information on the Site that
contains typographical errors, inaccuracies, or omissions
that may relate to product descriptions, pricing, and availability.
We reserve the right to correct any errors, inaccuracies or
omissions and to change or update information at any time
without prior notice (including after you have submitted your
order). We apologize for any inconvenience this may cause
you.
INDEMNIFICATION
You agree to defend, indemnify and hold King Cycle Group harmless
from and against any and all claims, damages, costs and expenses,
including attorneys' fees, arising from or related to your
use of the Site.
MISCELLANEOUS
Unless otherwise specified and except to the extent King Cycle
Group products are offered for sale in the United States through
this Site, this Site and the Contents thereof are displayed
solely for the purpose of promoting King Cycle Group's products
and services available in the United States and select foreign
markets. This Site is controlled and operated by King Cycle
Group from its offices in Portland, Oregon.
GOVERNING LAW AND JURISDICTION
Unless otherwise specified, this Site is presented solely
for the purpose of promoting products available in the United
States and its territories, possessions, and protectorates.
King Cycle Group makes no representation that materials in
the Site are appropriate or available for use in other locations.
Those who choose to access this Site from other locations
do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
This Site (excluding linked sites) is controlled by King Cycle
Group from its offices within the state of Oregon, United
States of America. By accessing this Site, you and King Cycle
Group agree that all matters relating to your access to, or
use of, this Site shall be governed by the statutes and laws
of the state of Oregon, without regard to the conflicts of
laws principles thereof. You and King Cycle Group also agree
and hereby submit to the exclusive personal jurisdiction and
venue of the Superior Court of Multnomah County and the United
States District Court for Oregon with respect to such matters.
King Cycle Group makes no representation that materials on
this Site are appropriate or available for use in other locations,
and accessing them from territories where their contents are
illegal is prohibited. Those who choose to access this Site
from other locations do so on their own initiative and are
responsible for compliance with local laws.If any provision
of these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable
from these terms and shall not affect the validity and enforceability
of any remaining provisions.
This is the entire agreement between us relating to the subject
matter herein and shall not be modified except in writing,
signed by both parties.
TERMINATION
This Agreement is effective unless and until terminated by
either you or King Cycle Group. You may terminate this Agreement
at any time. King Cycle Group also may terminate this Agreement
at any time and may do so immediately without notice, and
accordingly deny you access to the Site, if in King Cycle
Group's sole discretion you fail to comply with any
term or provision of this Agreement. Upon any termination
of this Agreement by either you or King Cycle Group, you must
promptly destroy all materials downloaded or otherwise obtained
from this Site, as well as all copies of such materials, whether
made under the terms of this Agreement or otherwise.
SECURITY and PRIVACY
King Cycle Group values its customers and respects their privacy.
We collect customer information in an effort to improve your
shopping experience and to communicate with you about our
products, services, contests, and promotions. King Cycle Group
recognizes that it must maintain and use customer information
responsibly. We do not sell or rent the information you provide
to us online to third parties. However, we may share your
information with third parties under certain circumstances.
This policy describes the personal information we collect
about you, why we collect it, how we use it and when we share
it with third parties. Our policy also describes the choices
you can make about how we collect and use your information.
If you have any questions about our privacy policy, click
here
to contact King Cycle Group customer service via email, call
us at 800-523-6008 or write us at King Cycle Group, 2801 NW
Nela Street, Portland, OR 97210.
If our information practices change in the future, we will
let you know by posting the policy changes on our Site. We
will notify you of any such change before we use your information
in a manner not previously disclosed in our privacy policy.
You will have the opportunity at that time to opt out of any
new use of your information.
What kind of information does King Cycle Group collect?
We collect information (such as your name, email address,
mailing address, and phone and credit card numbers) that you
provide when you place an order, save your information with
us or participate in a contest, promotion or survey. We also
maintain a record of your product interests and your purchases
online and in our stores. We may acquire customer names, email
addresses and mailing addresses for select mailings from third
parties.
How does King Cycle Group use my information?
When you make an online purchase from King Cycle Group, we
use your information to process your order. We may also send
you email to confirm your order and we may need to contact
you via phone, postal mail or email if we require additional
information to process your order. In addition, upon making
an online purchase, you may be given the option to elect to
receive email updates about our products, services, contests,
and promotions.
When you provide your information with King Cycle Group,
and do not elect otherwise, you may also be automatically
signed up to receive email updates. If you participate in
a contest or promotion (online or over the phone, or at one
of our distributor's retail stores), you may choose to receive
email updates about our products, services, contests, and
promotions.
If at any time you would like us to remove you from our email
or postal mailing lists, feel free to contact
King Cycle Group customer service or call 800-523-6008.
Please be sure to include your email address, full name and
password, if any. If you have previously asked to be removed
from our email list, we will not sign you up for email updates
using that specific email address if you place an order over
the Internet. Please note that it may up to six to eight weeks
to remove you from our list.
From time to time, we may also send you email to help us
learn more about your shopping preferences. In addition, we
may use information about your product interests and purchases
to help us improve our Site design and your shopping experience.
If you make a purchase online or over the phone, we may also
send you notices about our products, services, contests and
promotions through postal mail.
To serve you better, we may combine information you give
us online and in our stores as well as information about your
product interests and purchases. In addition, we may combine
information you provide with demographic information that
is publicly available. We use this combined information to
enhance and personalize your shopping experience with us,
and to communicate with you by email or postal mail about
our products, services, contests, and promotions that may
be of interest to you. If you do not want us to use your information
as described above, please contact King Cycle Group customer
service by calling 800-523-6008.
Does King Cycle Group share my information with
third parties?
We may contract with third parties to assist us in maintaining
and managing our customer information to fulfill promotions
and to communicate with our customers. We do not authorize
any of those third parties to make any other use of your information.
In addition, when we team up with another company to offer
or provide products, services, contests or promotions, we
and the other company may cross-reference our customer databases
to identify common customers. We and the other company may
use that existing information to identify future promotional
opportunities and to fulfill promotional or contractual obligations.
When we offer contests and promotions, or join with other
companies to do so, customers who choose to participate in
those contests and promotions may be asked to provide personal
information to participate. That information may then be used
by us and any company offering the contest or promotion to
notify winners or to fulfill promotional obligations.
If prior to participating in a contest or promotion, you opted
not to receive information from us, you may still receive
information from or about King Cycle Group in connection with
the contest or promotion if you choose to participate in such
contest or promotion. You may opt not to participate in these
contests or promotions if you do not want to receive information
about King Cycle Group or share your information with us and
the other companies sponsoring those contests or promotions.
We may occasionally participate in loyalty and other similar
programs. Loyalty programs allow you to instruct King Cycle
Group to divert a percentage of the amount you spend at King
Cycle Group to participating charities and other non-profit
organizations. If you choose to participate in any loyalty
or other similar program in which King Cycle Group is a participating
vendor, the company administering the loyalty or other similar
program (collectively, the "loyalty program company")
will or should ask for your consent to have King Cycle Group
or our credit card processor(s) share with the loyalty program
company information regarding your King Cycle Group purchases.
This information will include your credit card number and
the date and amount of your purchase, and may include your
name. We will provide this information to the loyalty program
company only as you have authorized us to do so. The loyalty
program company may also share this information with the organizations
you have chosen to receive a percentage of or information
regarding your King Cycle Group purchases. Many such companies
have their own privacy policies that may differ from ours.
You should review these policies carefully, as we have no
control over them.
We also may share aggregate, non-personally identifiable
information about you (such as age, gender, and types of products
purchased) with our business partners to fulfill our contractual
obligations. Except as described above, we do not share, rent
or sell any information we collect online to any unaffiliated
third party.
How do I change or delete my information?
If at any time you would like us to remove you from our email
or postal mailing lists or if you do not want us to use your
information to enhance your shopping experience, feel free
to contact King Cycle Group customer service via email or
by calling 800-523-6008. Please be sure to include your email
address, full name and password, if any.
How do I remove my information from email, phone,
and postal mailing lists?
We want to communicate with you only if you want to hear from
us. If you prefer not to receive information from us, either
through email, postal mail or by phone, please let us know
by sending us an email or calling us at 800-523-6008.
Please note that such requests may take up to six to eight
weeks to become effective. In addition, if you ask us to remove
your name and address from our email or postal mailing lists,
we will maintain your name in a "do not mail" file
to ensure that we can honor your request. Please also note
that when you make a purchase, we will send you email to confirm
your order and may also need to contact you via phone, postal
mail or email if we have other questions regarding your order.
How does King Cycle Group protect children's privacy?
Like you, we at King Cycle Group are concerned about the safety
of children using the Internet. Consistent with the Children's
Online Privacy Protection Act of 1998, we will never knowingly
request personally identifiable information from anyone under
the age of 13 without prior verifiable parental consent.
If we become aware that a subscriber is under the age of 13
and has signed up without prior verifiable parental consent,
we will remove his or her personally identifiable information
from our files.
What are cookies? How does King Cycle Group use
cookies on its Site?
What are cookies? Cookies are pieces of information that a
web site transfers to an individual's hard drive for record-keeping
purposes and to help "personalize" your visit to
the Site. Cookies make web-surfing easier for you by saving
your preferences while you're at our Site. We never save passwords
or credit card information in cookies. The use of cookies
is an industry standard -- you'll find them at most major
web sites.
By showing how and when guests use a site, cookies help us
see which areas are popular and which are not. Many improvements
and updates to the site are based on such data as total number
of visitors and pages viewed. This information is most easily
tracked with cookies. We use the information from cookies
to provide services better tailored to our users' needs.
King Cycle Group has two primary uses for its cookies. We
use them to specify unique preferences. For example, users
can specify keywords across several categories. This way you
don't have to tell us more than once about the kinds of information
you want to see. We also use cookies to track user trends
and patterns. This helps us better understand and improve
areas of the King Cycle Group network service that our users
find valuable. While both of these activities depend on the
use of a "cookie," visitors to ChrisKing.com always
have the option of disabling cookies via their browser preferences.
Information from cookies is sometimes attached to messages
sent to our Customer Service department.
Most browsers are initially set up to accept cookies. You
can reset your browser to refuse all cookies or indicate when
a cookie is being sent. However, note that some parts of the
Site will not function properly or may be considerably slower
if you refuse cookies. For example, without cookies, you will
not be able to set personalized news preferences or you may
have difficulty completing shopping transactions, entering
contests, or playing games.
You may occasionally get cookies from our advertisers. King
Cycle Group does not control these cookies. The use of advertising
cookies sent by third-party servers is standard in the Internet
industry.
You can refuse cookies by turning them off in your browser.
If you turn off cookies, though, we will not be able to track
your order or enable you to make a purchase from our Site.
Nor will we be able to recognize you as a registered user
to allow you access to your account information.
What about links to other Web sites and services?
ChrisKing.com may contain links to other sites that are not
under our control. These web sites have their own policies
regarding privacy, which you should review before visiting
them. We have no responsibility for linked web sites and provide
these links solely for the convenience and information of
our visitors.
If you have any questions about our privacy policy, you can
contact King Cycle Group customer service via email, call
us at 800-523-6008 or write us at King Cycle Group, Customer
Services, .
CREDIT CARD PURCHASES
At King Cycle Group we do our best to provide a safe and convenient
online shopping experience. If you're not quite comfortable
shopping online, or would prefer to make your purchase via
telephone, just give us a call.
Under the Fair Credit Billing Act, your bank or credit card
company cannot hold you liable for more than $50 of unauthorized
or fraudulent charges on a credit card. Your liability for
unauthorized use of a debit card may be higher, but most debit
card issuers voluntarily apply the $50 limit to their cards,
as well. If your bank does hold you liable for any amount
up to $50, King Cycle Group will cover the liability imposed
on you, up to $50. King Cycle Group will cover this amount
only if the unauthorized use of your credit card occurred
at King Cycle Group and through no fault of your own.
If unauthorized use of your credit or debit card does occur,
you must first notify your card provider, in accordance with
the agreement you have with the card provider company.
KING CYCLE GROUP
2801 NW Nela Street
Portland, Oregon 97210
Copyright © 2003 by King Cycle Group All rights reserved.
|