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PLANET CYCLERY’S TERMS AND CONDITIONS

Last Updated: 6/27/2018


These Terms of Use and Conditions (“Terms”) apply to your access to and use of the websites, applications and other online products and services (collectively, our “Services”), provided by Planet Cyclery. By clicking to indicate your acceptance or otherwise using our Services, you agree to these Terms.


In addition to these Terms, we may ask you to accept additional terms that apply to specific features, promotions, products or services (“Additional Terms”). To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your access to or use of the applicable feature, product or service.


Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you.


  1. ELIGIBILITY


You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to these Terms and to be fully responsible for the acts or omissions of such user.


  1. USER ACCOUNTS


You will need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account and account credentials and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to access the Services through your account, you are responsible for the activities of those users. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.


  1. TERMS OF SALE


  1. Availability and Pricing.  All products offered for sale are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice.  Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed.


  1. Taxes.  You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Services.  We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes.  The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states.  You may have a duty to directly report and pay Taxes if we do not collect such Taxes.


  1. Payment.  Only valid payment methods acceptable to us may be used to complete a purchase via the Services.  You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges).  If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment.


  1. Shipping; Risk of Loss.  You agree to pay any shipping and handling charges shown at the time you make a purchase.  We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase.  Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Services, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.


  1. Planet Cyclery Rewards.  Planet Cyclery offers a rewards system in which you earn points every time you make a purchase with Planet Cyclery. The rewards system is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age or older. For more information about the rewards system and restrictions relating to the rewards system, please refer to the rewards page at https://planetcyclery.com/planet-cyclery-rewards.


  1. Returns.  Please see our Return Policy for information about returning products purchased via our Services.


  1. Errors.  In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.


  1. Original Manufacturer Warranty.  Many of the products sold via the Services are manufactured by other companies.  The manufacturer may offer its own warranty for a product which will cover the product pursuant to the manufacturer’s warranty.  If the manufacturer offers an original manufacturer warranty, it can usually be found on the manufacturer’s website or with the product packaging.  For any product sold via the Services with a manufacturer warranty, you agree that your remedy is solely with the product manufacturer and not Planet Cyclery. For some of the products we sell Planet Cyclery is not affiliated with or an authorized dealer of the manufacturer or the manufacturer’s United States distributor.  This allows us to obtain these products at a lower price and then offer these products at a discounted rate to you. The products we’ve obtained from other sources are of the same specifications as if the product was sourced directly from the manufacturer or the manufacturer’s distributors. However, since some manufacturers and distributors will not honor the original manufacturer’s warranty for products purchased from other sources, Planet Cyclery will provide a warranty that matches the provisions and limitations of the original manufacturer’s warranty for those items.  For warranty consideration of such products, you will simply return the item to Planet Cyclery, rather than the manufacturer. If you are unsure whether a product you want to buy from Planet Cyclery has an original manufacturer warranty, please contact Planet Cyclery at inquiries@planetcyclery.com,


  1. LIMITED LICENSE


Our Services, including the product descriptions, text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein, are owned by or licensed to Planet Cyclery and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Planet Cyclery and our licensors reserve all rights in and to our Services. Planet Cyclery grants you a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to use our Services for your own personal use; however such license does not include the right to (a) sell or resell any aspect of our Services to any third party or otherwise use our Services for any commercial purpose; (b) copy, reproduce, distribute, publicly perform or publicly display any aspect of the Services, except as expressly permitted by us or our licensors; (c) modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services; or (d) use our Services other than for their intended purposes. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.


  1. PROHIBITED CONDUCT


You agree that you will not violate any applicable law, contract, intellectual property or other third-party right, or commit a tort, and you agree that you are solely responsible for your conduct while accessing or using our Services. You will not:


  1. Engage in any harassing, threatening, intimidating, spamming, predatory or stalking conduct;

  2. Use or attempt to use another user’s account without authorization from that user;

  3. Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;

  4. Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;

  5. Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;

  6. Develop or use any applications that interact with our Services without our prior written consent;

  7. Use any data mining, robots or other data gathering or extraction methods in connection with the Services;

  8. Bypass or ignore instructions contained in any robots.txt file we provide that controls automated access to portions of our Services; or

  9. Use our Services in any illegal, fraudulent or other unauthorized manner, or engage in, encourage or promote any activity that violates these Terms.


  1. THIRD-PARTY CONTENT


Planet Cyclery may provide third-party content on our Services, including user content, and may provide links to web pages and content of third parties (collectively, “Third-Party Content”).  Planet Cyclery does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Planet Cyclery does not create, update, or monitor Third-Party Content and is not responsible for any Third-Party Content.  You are responsible for deciding if you want to access or use Third-Party Content or applications that link from our Services. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our Services are solely between you and such advertiser.  Access and use of such Third-Party Content, including the materials, products or services on or available through any third party sites, is solely at your own risk.


  1. FEEDBACK


Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Planet Cyclery or our products or Services (collectively, “Feedback”), is non-confidential and Planet Cyclery will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.


  1. DISCLAIMERS


We do not control, endorse or take responsibility for any Third-Party Content available via our Services. Your use of our Services is at your sole risk.  Except as otherwise provided in these Terms (including any limited warranty applicable to a Planet Cyclery Product), our Services and the products purchased via our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, except that if Planet Cyclery provides an express limited warranty for a Planet Cyclery Product, the implied warranties are limited to the term of that limited warranty. In addition, Planet Cyclery does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Planet Cyclery attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. Except as otherwise provided in these Terms, you assume the entire risk as to the quality and performance of the Services and the products you purchase via the Services.

  1. RELEASE


To the fullest extent permitted by applicable law, you release, defend, indemnify, and hold harmless Planet Cyclery from responsibility, liability, claims, demands, or damages of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to your use, misuse, or provision of the Services and the acts or omissions of third parties relating to the Services or the Website.


  1. RELEASE FROM IMPROPER ASSEMBLY


Planet Cyclery sells products that may require you to assemble the product before use.  You agree to release Planet Cyclery from responsibility, liability, claims, demands, or damages of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to your or any other third party’s assembly and subsequent use of the product.  


  1. COPYRIGHT COMPLAINTS


We have a policy of limiting access to our Services and terminating accounts of users who infringe the intellectual property rights of others.  If you believe that anything on our Services infringes any copyright that you own or control, you may notify Planet Cyclery’s Designate Agent as follows:


Designate Agent: Rudy Verner, Esq.


Address: BERG HILL GREENLEAF RUSCITTI LLP

1712 Pearl St.

Boulder, CO 80302

Phone: 303-402-1600


Email: REV@bhgrlaw.com


Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification.  Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Planet Cyclery for certain costs and damages.





  1. GOVERNING  LAW


THESE TERMS AND YOUR USE OF THE SITES WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO, APPLICABLE TO AGREEMENTS MADE AND TO BE ENTIRELY PERFOREMED WITHIN THE STATE OF COLORADO, WITHOUT RESORT TO ITS CONFLICT OF LAW PROVISIONS.  


  1. TERMINATION


We reserve the right, without notice, and in our sole discretion, to terminate your right to use our Services or to discontinue all or a part of the Services.  We are not responsible for any loss or harm related to your inability to access or use our Services.


  1. CHANGES TO TERMS


We reserve the right to change these Terms from time to time.  If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or posting the amended Terms to our Services and updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.


  1. SEVERABILITY


If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.