PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Pedals & Powder. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Pedals & Powder or purchasing Pedals & Powder products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Pedals & Powder or to purchase Pedals & Powder products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Pedals & Powder. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Pedals & Powder disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Pedals & Powder does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Pedals & Powder does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Pedals & Powder shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Pedals & Powder has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Pedals & Powder product is mistakenly listed at an incorrect price, Pedals & Powder reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Pedals & Powder reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Pedals & Powder shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Pedals & Powder without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Pedals & Powder may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Pedals & Powder.
Mobile Terms & Conditions
Pedals & Powder offers its customers order alerts (e.g. pick/up delivery confirmation) by SMS message (the "Service"). Pedals & Powder customers will automatically receive order, pick/up & delivery, and instore service mobile alerts by SMS message (the "Service"). By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. Pedals & Powder reserves the right to stop offering the Service at any time with or without notice. Pedals & Powder also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
By opting into the Service, you:
You may receive alerts about:
Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Changes to Terms
These Mobile Terms and Conditions are subject to change at any time without notice.
The information provided herein is for general informational purposes only and does not, and is not intended to, constitute legal advice. Please consult your own legal counsel for legal advice.
Arbitration and Class Action Waiver
Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of Pedals & Powder Sports will be resolved by binding arbitration, rather than court.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Pedals & Powder Sports hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. ("FAA") applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association's Consumer Arbitration Rules in effect at the time of filing of the arbitration (the "AAA's Rules"). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys' fees) authorized by law and/or the AAA's Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Pedals & Powder Sports ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND Pedals & Powder Sports AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY'S CLAIMS WITH ANY OTHER PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
You and Pedals & Powder Sports are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Pedals & Powder Sports, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA's Rules regarding costs and payment apply.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
Miscellaneous
Your use of this site shall be governed and construed in all respects under the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. Any disputes arising under or related to this Agreement shall be resolved exclusively in the state or federal courts located in Middlesex County, Massachusetts, and the Customer consents to the personal jurisdiction of such courts. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Pedals & Powder products) must be commenced within one (1) year after the claim or cause of action arises. Pedals & Powder failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Pedals & Powder may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Pedals & Powder or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Pedals & Powder does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Pedals & Powder is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Pedals & Powder reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Pedals & Powder in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Pedals & Powder, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Pedals & Powder may link to sites operated by third parties. However, even if the third party is affiliated with Pedals & Powder, Pedals & Powder has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Pedals & Powder. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Pedals & Powder seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
User Generated Content
"User Generated Content" means comments, photos, videos and other content you post or share on a social media platform and by tagging or using a Pedals & Powder Sports handle or hashtag.
By posting, distributing, sending or displaying User Generated Content, you are granting to Pedals & Powder Sports a limited, non-exclusive, royalty-free, perpetual, transferable, fully paid-up, worldwide, and sublicenseable right to use, modify, reproduce, distribute, publicly display and publicly perform your User Generated Content in any and all digital media now known or hereinafter developed (including digital and email marketing) without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Generated Content, for Pedals & Powder Sports' marketing purposes. This license is perpetual, meaning that the license lasts for an indefinite period of time. You continue to retain all ownership rights in your User Generated Content, and you continue to have the right to use your User Generated Content in any way you choose, subject to these terms and the license described herein.
You represent and warrant that you own the content submitted, displayed, published or posted by you and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and Pedals & Powder Sports use thereof does not and will not infringe or otherwise violate the privacy rights, publicity rights, copyright, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
User Generated Content submitted by you is deemed non-confidential and Pedals & Powder Sports is under no obligation to treat such User Generated Content as proprietary information. Pedals & Powder Sports is under no obligation to accept or transmit User Generated Content and can remove User Generated Content from its media for any reason at any time.
If you believe in good faith that certain User Generated Content on our website infringes your copyright rights, please provide the written information requested below. The procedure outlined below is exclusively for notifying Pedals & Powder Sports that your copyrighted material has been infringed.
Please provide the following information in the following order:
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