TERMS AND CONDITIONS
KING CYCLE GROUP
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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 © 2011 by King Cycle Group All rights reserved.