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MountainView Cycling LLC and www.mountainviewcycling.com
Terms & Conditions
Please read these Terms & Conditions carefully and in their entirety before using www.mountainviewcycling.com (hereinafter referred to as the “Site”). The Site and its content are owned by MountainView Cycling LLC.
PURPOSE: These Terms & Conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing any product or service offered on or by us or the Site.
IMPORTANT NOTES:
By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read, understood, and consented to these Terms & Conditions. If you have any questions, please contact us at [email protected].
You must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms & Conditions as stated herein, regardless of whether or not you have read these Terms & Conditions.
These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause in Paragraph #18 and voluntarily waive your right to a jury trial.
By proceeding on the Site, you hereby agree to the following:
“Company”, “We”, “I”, “Our”, or “Us” means MountainView Cycling LLC and our website, www.mountainviewcycling.com.
“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Kevin, Katie, MountainView Cycling LLC, and/or www.mountainviewcycling.com, and any and all material and/or service purchased, viewed, or otherwise offered by MountainView Cycling LLC and/or on www.mountainviewcycling.com.
“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, etc.
“Site, Services, and/or Products” means www.mountainviewcycling.com, Content (as defined herein), and cycling related products and/or services available on the Site.
“Site” means www.mountainviewcycling.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.
“You” or “Your” means the user, customer, or viewer of the Site.
By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions, our Privacy Policy, and Disclaimer.
By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years-old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions and our Privacy Policy.
By using the Site and/or making any Purchase, you hereby agree & consent not to:
By using the Site, you understand that you are solely responsible for anything that happens as a result of using the products purchased and/or serviced by MountainView Cycling LLC and we cannot be held liable for any damages, injuries, or other harm caused by personal use.
By using this Site, or Purchasing from our Site, Services, and/or Products, you implicitly and voluntarily agree to these Terms & Conditions as stated herein.
We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms & Conditions, please do NOT use our Site, read or implement its Content, or Purchase anything from us.
The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or terms & conditions.
By commenting on the Site, or submitting documents to MountainView Cycling LLC via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.
You must request and receive written permission by emailing [email protected] before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with MountainView Cycling LLC.
Any and all current or past-customer testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each customer and his/her/their circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another customer of ours.
We do not offer any warranties, of any variety, regarding the Site, Services, and/or Products, in any way. The Site, Services, and/or Products, and/or your Purchases are offered “AS IS” and without warranties of any kind, neither express nor implied, to the extent permitted by law.
By using the Site or Purchasing or using MountainView Cycling LLC’s Services and Products, you agree to release, forgive, and forever discharge MountainView Cycling LLC, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.
Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, MountainView Cycling LLC does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.
You have 30 calendar days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging. Your item needs to have the receipt or proof of purchase.
If your return is approved upon inspection, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer’s policies.
If you have any complaint or should any issue arise in the use of the Site or MountainView Cycling LLC’s Services and/or Products, please contact us directly first by emailing Kevin at [email protected].
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and MountainView Cycling LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 25 miles of Parker, Colorado.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Colorado. The only award that can be issued to you is a refund of any payment made to MountainView Cycling LLC for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.
These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of Colorado.
You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of Colorado or a state court located within the State of Colorado in connection with any matter arising out of these Terms & Conditions, Privacy Policy, Disclaimer, or as a result of your use or Purchase from the Site, Services, and/or Products.
You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of Colorado for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Colorado.
When you Purchase one of our Services and/or Products from us or the Site, you may pay by credit card. By doing so, you give MountainView Cycling LLC permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records.
We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase of our Services and/or Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.
Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.
You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.
MountainView Cycling LLC is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use or Purchase from our Site, Services, and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
You shall, at all times, indemnify, defend, and hold harmless MountainView Cycling LLC, Katie, Kevin, and all of our members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by MountainView Cycling LLC (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms & Conditions or the Privacy Policy; and (c) arising out of any alleged breach or negligence said to have been committed by us.
At our sole discretion, we are permitted to terminate your use or access to the Site, Services, and/or Products if you abuse, violate, or breach any of these Terms & Conditions, Privacy Policy, Disclaimer, or any other terms to which you have agreed to.
These Terms & Conditions, our Privacy Policy, and Disclaimer constitute the entire agreement between you and us with respect to the Site, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Services, and/or Products.
The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.
Please read our Privacy Policy for how we handle your personal information.
If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:
Updated on March, 2024