KING CYCLE GROUP, INC.
Last Modified: May, 2015
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
King Cycle Group, or third parties from whom King Cycle Group has permission, own CHRIS KING®, KING®, CIELO®, GOURMET CENTURY®, INSET®, R45®, PRETTY AND STRONG®, GRIPLOCK®, THREADFIT™, NOTHREADSET™, BUZZ WORKS™, and all other trademarks or service marks appearing on the Site. All rights are reserved. These trademarks may not be used without prior written consent of King Cycle Group or its licensor, as the case may be. Without limiting the foregoing, no King Cycle Group trademark or trade dress may be used in connection with any product or service that is not King Cycle Group’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits King Cycle Group.
3. COPYRIGHT AND OTHER PROPRIETARY RIGHTS
King Cycle Group hereby authorizes you to view, copy, print, and distribute the documents, related graphics and materials published by King Cycle Group on this Site subject to the following conditions:
• Use is for personal and non-commercial purposes only (other than for the purchase of merchandise from the Site);
• The material may not be modified in any way;
• No graphics available from this Site may be used separate from the accompanying text; and
• Any permitted copy of any portion of the material from the Site must attach a copy of this page containing King Cycle Group’s copyright and trademark notices.
Modification of the documents, related graphics and materials, or use of the documents, related graphics and materials, for any other purpose is a violation of King Cycle Group’s intellectual property rights. The use of any documents, related graphics and materials from this Site on any other website is prohibited. You acknowledge that you do not acquire any ownership rights by downloading, viewing, copying, printing or otherwise using documents, related graphics and materials 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, trademark or other proprietary right. All right, title and interest in materials on this Site remain the property of King Cycle Group.
4. REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, King Cycle Group has adopted a policy of terminating, in appropriate circumstances and in King Cycle Group’s sole discretion, account holders who are deemed to be repeat infringers. King Cycle Group may also, in its sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below.
Name of Designated Agent:
Randal A. Johnson
King Cycle Group, Inc., 2801 NW Nela St., Portland, OR 97210
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site’s electronic mail to a user’s email address in our records or by written communication sent by first-class mail to a user’s address in our records.
5. USER COMMENTS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to King Cycle Group through this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) are the property of King Cycle Group. Such disclosure, submission or offer of any Comments shall constitute an assignment to King Cycle Group of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments, and King Cycle Group will 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 Comments.
You agree that no Comments submitted by you to King Cycle Group will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no Comments submitted by you to King Cycle Group 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 submit.
6. LINKS TO OTHER WEBSITES AND SERVICES
This Site may contain links to third-party websites and outside services and resources. King Cycle Group is not responsible for the content or policies of any third-party website. Any concerns regarding a third-party website, any link thereto, or any other outside service or resource, should be directed to the particular third-party website or outside service or resource.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray King Cycle Group or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a King Cycle Group logo or other proprietary graphic of King Cycle Group to link to the Site without the express written permission of King Cycle Group. Further, you may not use, frame, or utilize framing techniques to enclose any King Cycle Group trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without King Cycle Group’s express written consent.
King Cycle Group makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of King Cycle Group and King Cycle Group is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. King Cycle Group provides these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by King Cycle Group of any site or any information contained therein. When you leave our Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
8. PRODUCT INFORMATION
Most King Cycle Group products displayed on the Site are also available for purchase through King Cycle Group dealers in the United States and select foreign markets. In some cases, products displayed for sale at the Site may not be available in retail stores and vice versa. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States. Product prices are subject to change without notice.
9. ACCURACY OF MATERIALS ON THE SITE
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. 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.
Except as expressly provided, the Site, Comments, and all content and services provided on or in connection with the Site (collectively, “Complete Site”) are provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties or conditions of any kind, either express or implied. KING CYCLE GROUP DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. King Cycle Group does not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free. King Cycle Group does not represent or warrant that the Site or its servers are free of viruses or other harmful components.
IN ADDITION, KING CYCLE GROUP DISCLAIMS ALL LIABILITY ARISING OUT OF OR RELATED TO SITE CONTENT, INCLUDING VIDEOS, TUTORIALS, EXPERT ADVICE AND OTHER ARTICLES. This Site content is general in nature and must be used with an appreciation for the differing capabilities among individual users and the differing demands placed on equipment and techniques by the wide variety of circumstances that can be encountered in cycling. The information is not a substitute for in-person guidance by a qualified bicycle mechanic or for personal experience gained in the company of knowledgeable and experienced mechanic.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
12. Limitation of Liability
IN NO EVENT SHALL KING CYCLE GROUP, ITS OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE COMPLETE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM KING CYCLE GROUP, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO REI’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KING CYCLE GROUP, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO KING CYCLE GROUP FOR ACCESS TO OR USE OF THE COMPLETE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
13. NO THIRD-PARTY BENEFICIARIES
14. GOVERNING LAW AND JURISDICTION
This Site is controlled by King Cycle Group from its offices in Portland, Oregon, United States of America. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the laws of the state of Oregon, without regard to the conflicts of laws principles thereof. By using this Site, you consent to exclusive jurisdiction of, and venue in, the state or federal courts located in Multnomah County, Oregon.
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, 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 applicable local laws.
16. USE OF YOUR INFORMATION BY KING CYCLE GROUP
If you provide your contact information to King Cycle Group, 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, informing you about any of King Cycle Group’s products or services, or for such other purposes as King Cycle Group deems appropriate.
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. For more information about King Cycle Group’s use of your information, please see “Security and Privacy” below.
17. 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.
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. We do not, however, retain your credit card information once the purchase transaction is completed.
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. 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.
When you provide your information to King Cycle Group, and do not elect otherwise, you may 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.
From time to time, we may 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.
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.
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 you choose to participate in a contest or promotion, you may receive information from or about King Cycle Group in connection with that contest or promotion, even if you had previously opted not to receive information from King Cycle Group. 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 on King Cycle Group products 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 (the “Loyalty Program Company”) will or should ask for your consent to have King Cycle Group or our credit card processor(s) share information regarding your King Cycle Group purchases with the Loyalty Program Company. 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 if you have authorized us to 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 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, or if you do not want us to use your information to enhance your shopping experience, please let us know by contacting King Cycle Group customer service via email or calling us at 800-523-6008. Please be sure to include your email address, full name and password, if any in your request. Please note that such requests may take up to six to eight weeks to become effective.
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. 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 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.
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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.
What about links to other websites and services?
This Site may contain links to other sites that are not under our control. These websites have their own policies regarding privacy, which you should review before visiting them. We have no responsibility for linked websites and provide these links solely for the convenience and information of our visitors.
KING CYCLE GROUP, INC.
2801 NW Nela Street
Portland, Oregon 97210
Copyright © 2015 by King Cycle Group, Inc. All rights reserved.