Terms of service

Acceptance of Terms of Service. PedalCell LLC ("PedalCell") provides you with access to, and use of, this website (the “Website”) and the PedalCell products (the “Products”) subject to all applicable laws and regulations, these Terms of Service, and PedalCell’s Privacy Policy. By accessing and using the Website and/or purchasing the Products, you accept each of the Terms of Service without limitation. If you do not accept each of the Terms of Service without limitation, please exit this Website. These Terms of Service supersede any other agreements you may have with PedalCell regarding this subject matter.

Content Ownership. The content and other materials on this Website including, but not limited to, all text, audio, images and other materials or elements (collectively the "Content") are owned and copyrighted by PedalCell, its licensors or others with all rights reserved. You may not use the Content, except as provided in this Terms of Service, without the prior written permission of PedalCell.

All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Website are either the trademarks or service marks (registered or unregistered) of PedalCell or its licensors unless otherwise stated herein. PedalCell and its licensors expressly reserve all intellectual property rights in all Content on the Website. No license is granted to you in connection with such Content contained on the Website.

In its sole discretion, PedalCell and its licensors may seek to enforce their intellectual property rights to the fullest extent of the law, including the possibility of seeking criminal prosecution.

User Conduct. PedalCell maintains the Website for your personal entertainment, information, education, and communication only and grants you permission to use the Website and to download Content, but only for noncommercial, personal use, provided that you (i) retain all copyright and other proprietary notices contained on the Content, (ii) do not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without the prior written permission of PedalCell, and (iii) do not download or use any images of people or places ("Images") displayed on the Website for any purpose. The download or use of any such Images by you, or anyone else authorized by you, is prohibited unless specifically permitted by the prior written authorization of PedalCell. Any unauthorized use of such Images may violate copyright laws, trademark laws, the laws of privacy and publicity, and related communications regulations and statutes.

Additionally, you agree to not to engage in any of the following activities on the Website:

Upload, post or transmit any informational content that is unlawful, threatening to another person or entity, infringing, defamatory, false, misleading, abusive, harassing, libelous, vulgar, obscene, pornographic, profane, invades the privacy of another, discriminates based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, or is otherwise objectionable;

Intentionally or unintentionally violate or encourage conduct that would be considered a violation of any local, state or federal law, either civil or criminal;

Impersonate another user, person or entity, including any official or employee of PedalCell;

Upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another; and

Use the Website to advertise or perform any commercial solicitation.

Your use of the Website is also subject to the PedalCell Privacy Policy. PedalCell hereby incorporates the entirety of that Privacy Policy into this Terms of Service. 

Links to Third-party Websites. The Website may contain links to other Internet sites not under the ownership or editorial control of PedalCell. Such links are provided for your convenience only and are not express or implied warranties, endorsements or approvals by PedalCell of any products, services, advice or information available from such sites. PedalCell does not warrant and specifically disclaims any and all responsibility or liability for your use of such sites, and you hereby release PedalCell and its subsidiaries, affiliates, officers, managers, members and agents from any and all such responsibility or liability for the same. If you establish a link to such sites, you do so at your own risk and without the permission of PedalCell. 

EXCLUSION OF LIABILITY. NEITHER PEDALCELL NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, MANAGERS, MEMBERS, NOR ANY OF THEIR RESPECTIVE AGENTS (THE “RELEASED PARTIES”) WILL BE LIABLE FOR ANY DAMAGES OR INJURY (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH OR PROPERTY DAMAGE) THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY PEDALCELL WEBSITE OR ANY PEDALCELL PRODUCT, AND YOUR USE OF ANY PEDALCELL WEBSITE OR ANY PEDALCELL PRODUCT IS AT YOUR OWN RISK. THIS INCLUDES (BUT IS NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY OF THE FOLLOWING: USE OF (OR INABILITY TO USE) THE WEBSITE OR PRODUCTS; ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION AND/OR INACTION BY YOU; ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION OR INACTION OF ANY THIRD PARTY; YOUR VIOLATION OF ANY LAW, RULE, REGULATION, AND/OR ORDINANCE; USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR WEBSITE; FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; LINE FAILURE; INTRUSION, HACKING OR VIOLATION OF ANY PEDALCELL WEBSITE BY ANY THIRD PARTY; OR ANY ILLEGAL ACTIVITIES OF ANY THIRD PARTIES. PEDALCELL DOES NOT WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO IT AT ANY PEDALCELL SITE.

IN NO CASE SHALL PEDALCELL BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE PRODUCTS, THE WEBSITE OR THE CONTENT THEREIN WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, PEDALCELL IS NOT LIABLE EVEN IF IT HAS BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.

THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTAL DAMAGES. PEDALCELL’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN THE AMOUNT THAT YOU PAID FOR ANY PEDALCELL PRODUCT OR TO ACCESS THE SITE.

DISCLAIMER OF WARRANTIES. THE PRODUCTS AND THE CONTENT OF ANY PEDALCELL WEBSITE ARE PROVIDED "AS IS" AND PEDALCELL DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING WARRANTIES:

THE CONTENT IS ERROR-FREE AND/OR ACCURATE;

THE FUNCTIONAL ELEMENTS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE;

THE WEBSITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;

THE CONTENT ON THIS WEBSITE ARE NON-INFRINGING; AND/OR

THE WEBSITE IS SECURE FROM TAMPERING, HACKING OR INTRUSION BY THIRD PARTIES.

IN ADDITION TO THE ABOVE YOU (AND NOT PEDALCELL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR OTHER ITEMS NECESSARY TO USE PEDALCELL’S  WEBSITE OR VIEW THE CONTENT.

EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

ASSUMPTION OF RISK BY YOU. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE PRODUCTS, AND/OR RELATED EQUIPMENT, IS AT YOUR SOLE AND INDIVIDUAL RISK, AND THAT PEDALCELL AND THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY AND ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOU FULLY UNDERSTAND THE RISKS ASSOCIATED WITH YOUR USE OF THE PRODUCTS, AND/OR RELATED EQUIPMENT, AND THAT YOU ASSUME SUCH RISK.

You are solely and fully responsible for the safe operation of the Products at all times.

You agree that the Products are machines that may malfunction, even if the Products are properly maintained, and that such malfunction may cause injury or damages.

You agree that using the Products involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to you or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. You agree that such risks, dangers, and hazards are your sole responsibility.

You agree that if your use of any of the Products, and/or related equipment causes any injury or damage to another person or property, then you will be liable for any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown.

2-Year Limited Warranty. PedalCell’s products purchased from pedalcell.com and authorized retailers are warranted to the original purchaser to be free from defects in material or workmanship for a period of two years from the date of the original retail purchase. This warranty does not cover defects or damage due to improper installation, alteration, accident or any other event beyond the control of PedalCell. Defects or damage resulting from misuse, abuse or negligence will void this warranty. This warranty does not cover scratching, scuffs, discoloring or other damage that may result from normal usage. Product sold through PedalCell’s website or distributors are not intended for institutional or commercial use; PedalCell does not assume any liability for such use. Institutional or commercial use will void this warranty. This warranty is nontransferable and is expressly limited to the repair or replacement of the defective products. During the warranty period, PedalCell shall repair or replace defective parts of products at no cost to the purchaser. Shipping charges and insurance are not covered and are the responsibility of the purchaser. Labor charges and related expenses for removal, installation or replacement of product or components are not covered under this warranty. PedalCell reserves the right to make substitutions to warranty claims if parts or unavailable or obsolete. PedalCell shall not be liable for loss of use of its products or other consequential or incidental costs, expenses or damages incurred by the consumer of any other use. The user assumes all risk of injury resulting from the use of PedalCell’s products. This warranty is expressly in lieu of all other warranties, expressed or implied, including warranties of PedalCell nor any of its representatives assumes any other liability in connection with this product. All warranty claims must be made through the retailer where PedalCell was originally purchased. A purchase receipt or other proof of date of purchase will be required to process all warranty claims. The model number and part numbers found within the assembly instructions will be required when submitting any parts requests or warranty claims. For further warranty information or inquiries, please contact info@pedalcell.com. 

Damaged Products. If a Product purchased directly through the Website arrives damaged (each a “Damaged Product”), you may return the Damaged Product to PedalCell for repair or replacement. Requests for repair or replacement must be reported in writing to PedalCell within fourteen (14) days after you have received the Damaged Product. Upon request to info@pedalcell.com. PedalCell will provide a prepaid shipping label for the return of such Damaged Product to PedalCell. Upon receipt of the Damaged Product, PedalCell will, in its sole discretion, either repair the Damaged Product or send a replacement.

Revisions to the Terms of Service. PedalCell may at any time, in its sole discretion and without notice, revise or modify these Terms of Service or the Privacy Policy. You are bound by any such revisions and should periodically visit this Website to review the current Terms of Service and Privacy Policy pages.

Content Submitted by Users. In accordance with the PedalCell Privacy Policy (https://tinyurl.com/y27kdqu3), and provided that such communication or material does not include any Personal Data (as used and defined in the PedalCell Privacy Policy), any communication or material you transmit to PedalCell at the Website, by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like (collectively, the “Feedback”) is, and will be treated as, non-confidential and non-proprietary. Any Feedback you transmit or post may be used by PedalCell or its subsidiaries and affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, PedalCell is free to use any ideas, concepts, know-how, or techniques contained in any Feedback you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. PedalCell will not compensate you in any way for any such information, nor will the information be returned to you. 

Website Security. Users are prohibited from violating or attempting to violate the security of the Website, including without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, flooding, spamming, mail bombing or crashing; (d) sending unsolicited email, including promotions and/or advertising of products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) by using any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website. Violations of system or network security may result in civil or criminal liability. PedalCell may investigate occurrences that potentially involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Choice of Law. This Terms of Service and your use of this Website is governed by the laws of the State of Colorado, without regard to its choice of law provisions.

General Terms. The failure of PedalCell to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of any such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, then such provision shall be eliminated from the Terms of Service and the surviving terms shall remain in full force and effect.