Last updated: March 01, 2023
Introduction
Welcome to the Critical Cycles® Bike, Balance Bike website (the “Site”). These Terms and Conditions are a legal agreement between you and Critical Cycles® Bike, Balance Bike governing your access to and use of the Site and any products or services made available through the Site (collectively, the “Services”).
Please read these Terms carefully before using the Site or Services. By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not access or use the Site or Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
We may amend these Terms at any time by posting the amended Terms on the Site. Amended Terms are effective immediately upon posting. Your continued use of the Site or Services after the effective date of amended Terms constitutes your acceptance of the amended Terms. It is your responsibility to review these Terms regularly to ensure you are aware of any changes.
Site Access
Registration. You may browse the Site without registering, but to purchase products or services you may need to register and create an account. You represent and warrant that any registration information you submit is accurate and up to date. You are responsible for maintaining the confidentiality of your account credentials and may not disclose your account credentials to any third party. You agree to immediately notify us of any unauthorized use of your account credentials or any other breach of security related to your account.
Eligibility. To access or use the Site or Services, you must be at least 18 years old, or the legal age of majority where you live, and possess the legal authority to enter into these Terms with Critical Cycles® Bike, Balance Bike. You are solely responsible for ensuring that your access and use of the Site and Services complies with all applicable laws and regulations.
Site Availability. We strive to make the Site and Services available 24/7, but we do not guarantee continuous or uninterrupted availability. Access may be interrupted for any reason, including maintenance, repairs, upgrades, or network or equipment failures. We may suspend, limit, or terminate any user’s access for any reason at our sole discretion.
Site Content
All content on the Site, including but not limited to text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software is our property or the property of our licensors and protected by United States and international copyright laws. You may not reproduce, distribute, publish, transmit, modify, perform, or create derivative works from Site content unless authorized in writing by us or the applicable licensor.
The trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Site are our registered and unregistered Trademarks and those of third parties. Nothing on the Site should be construed as granting any license or right to use any Trademark displayed on the Site without our express written permission or that of the applicable third party owner.
Purchases and Payments
Orders. We may require verification of information prior to accepting any order. We reserve the right to cancel, restrict, or refuse any order for any reason at our sole discretion.
Availability. The availability of products and services is subject to change without notice. A product or service listing on our Site does not guarantee that the product or service is available or can be delivered. We reserve the right to discontinue products or services at any time for any reason. If a product or service you order is unavailable, we will notify you and you will have the option to wait for it to become available or cancel the order.
Prices. Prices posted on the Site are subject to change without notice. Price increases will not affect any orders for which payment has already been received. All prices are in U.S. dollars unless otherwise noted. Prices do not include shipping and handling or taxes, which will be indicated during checkout and on your invoice. You are responsible for paying any applicable taxes.
Shipping. Shipping fees will be indicated during checkout and on your invoice based on the shipping option you select. All stated delivery times are estimates only and do not include time in transit. We will not be liable for any delays in shipment.
Payment. All purchases are subject to payment authorization and verification and can involve credit, debit card, or other payment information verification and authorization. Errors in payment information can cause delays. We are not responsible for any damages caused by payment processing delays or errors.
Refunds and Returns. Please review our Return Policy posted on the Site prior to placing an order.
User Content
You are solely responsible for any content you contribute, post, or otherwise make available on or through the Site or Services (“User Content”), whether publicly posted or privately transmitted. You represent and warrant you have all necessary rights to make User Content available through the Site or Services without infringing or violating the rights of any third party.
We do not claim ownership of User Content. However, by submitting User Content through the Site or Services, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable license to access, use, copy, modify, delete, publicly display, translate, and distribute your User Content in connection with operating and providing the Site and Services.
We have no obligation to monitor or enforce your intellectual property rights to your User Content, but you grant us the right to protect and enforce our rights to your User Content including by bringing and controlling actions in your name and on your behalf (at our cost and expense).
Acceptable Use
You agree not to use the Site or Services to:
- Violate any applicable laws or regulations;
- Infringe any third party rights including intellectual property rights;
- Distribute spam, chain letters, or other unsolicited communications;
- Propagate malware, viruses, defects, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, corrupted files, or any other software or technology that may damage, interfere with, intercept, expropriate, or disrupt the Site or Services;
- Interfere with, interrupt, destroy, or limit the functionality of the Site, Services, or any computer software, hardware, or telecommunications equipment;
- Hack or obtain unauthorized access to the Site, Services, user accounts, servers, networks, or data without our express written consent;
- Collect or harvest any information, including personally identifiable information or user account information, from the Site or Services;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Advertise or offer to sell any goods or services;
- Engage in any anticompetitive practices; or
- Violate these Terms or any additional terms applicable to specific features or services.
Any violation of these Terms may result in termination of your access to the Site and Services as well as potential legal liability.
Intellectual Property
The Site and Services contain intellectual property owned by us, our affiliates and licensors including but not limited to copyrights, trademarks, trade secrets, patents, and other proprietary rights. You acknowledge that the Site and Services contain proprietary and confidential information. No intellectual property rights are granted to you by accessing or using the Site or Services.
Assumption of Risk
Your access to and use of the Site and Services is at your own risk. You assume full responsibility and risk of loss resulting from your use of or access to the Site and Services and your reliance on any information provided through the Site and Services.
Disclaimers
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THAT THE SITE OR SERVICES WILL OPERATE ERROR FREE OR THAT THE SITE, ITS SERVERS, OR THE SERVICES ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE AND SERVICES.
Limitations of Liability
WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, OR DATA, RELATED TO THE SITE OR SERVICES.
Indemnity
You will indemnify, defend, and hold harmless Critical Cycles® Bike, Balance Bike and our officers, directors, agents, and employees from any costs, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from any third party claims, actions, or demands based on your breach of these Terms or your access, use, or misuse of the Site or Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate in our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or demand for which we intend to seek indemnification from you.
Termination
We reserve the right to suspend or terminate your access to the Site and Services if you materially breach these Terms.
Dispute Resolution
We aim to resolve any disputes with our users amicably. If we cannot reach an informal resolution, then any claim or controversy arising out of or relating to the use of the Site or Services will be submitted to binding arbitration. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, and judgment on the award may be entered in any court with jurisdiction. Any arbitration will take place in Nashville, Tennessee. The arbitrator will have the power to award equitable and legal relief under applicable law to the prevailing party. Each party will bear the cost of arbitration equally regardless of outcome.
These Terms will be governed by the laws of the State of Tennessee without regard to its conflict of laws rules. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
General Provisions
We reserve all rights not expressly granted by these Terms. We may suspend or terminate your access and use of the Site or Services at any time, for any reason, without notice or liability to you. Any rights and licenses granted to you under these Terms are conditioned on your continued compliance with them. You will comply with all applicable laws in connection with your access and use of the Site and Services.
These Terms constitute the entire agreement between you and Critical Cycles® Bike, Balance Bike relating to your access to and use of the Site and Services. Any failure by us to enforce any right or provision in these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable and will not affect the enforceability or validity of the remaining provisions.
Contact Us
If you have any questions about these Terms or the Site or Services, please contact us at:
Critical Cycles® Bike, Balance Bike
123 Main St.
Nashville, TN 37205
[email protected]